Overview

We are seeking feedback on our proposal to allow foreign non-civil aircraft to be type certified in the restricted category for special purpose operations (such as aerial firefighting). We are also seeking feedback on other miscellaneous amendments.

Legislation

The amendments apply to Part 21 of the Civil Aviation Safety Regulations 1998 (CASR) and corresponding Manual of Standards (MOS).

Proposed amendments - foreign non-civil aircraft type certification

The proposed changes provide improved options for aircraft and equipment that may be used in the Australian environment while maintaining an acceptable level of safety. They would:

• retain the option of accepting aircraft from the Australian Defence Force
• remove the current requirement from Part 21 that surplus military aircraft must be accepted by the armed forces of either the United States of America, Canada or the United Kingdom
• replace the requirements for acceptance by foreign armed forces with technical criteria specified in the Part 21 Manual of Standards (MOS). This includes aircraft design, configuration data, critical part identification and records of service and maintenance history.

Other amendments

We also propose to make miscellaneous amendments to the Part 21 MOS to include:

• European standards (certification specifications) for light sport aeroplanes and very light rotorcraft
• criteria and standards for approval of equipment used for the carriage of persons external to a rotorcraft. Some content from the related Advisory Circular 21-32 is being added to the MOS to provide automatic approval without the need for a separate application and further approval by CASA. 

Previous consultations

We have not previously consulted on any proposed changes to certify foreign non-civil aircraft for special purpose operations under the restricted category.

In November 2024, we consulted on Advisory Circular (AC) 21-32. It provides a list of acceptable standards and criteria to allow for persons to apply to CASA for the approval of the equipment used for carriage of persons external to a rotorcraft (per subregulation 21.305(e) of CASR). The AC was finalised and published on the CASA website in May 2025.

Why your views matter

Your feedback will help us make sure the proposed requirements are suitable, the final legislation is clear, and it will work as intended.

Please submit your comments using the survey link on this page.

If you are unable to provide feedback via the survey link, please email regulatoryconsultation@casa.gov.au for advice.

Documents for review

The documents related to this consultation are:

• Summary of proposed change on CD 2514MS, which provides background on the proposed standards
• Exposure Draft - Civil Aviation Safety Amendment (Minor Changes) Regulations 2025: issue of certificates for restricted category aircraft
• Consultation Draft - Part 21 Manual of Standards Amendment Instrument 2025
• MS Word copy of online consultation for ease of distribution and feedback within your organisation.

What happens next

At the end of the response period, we will:

• review all comments received
• make responses publicly available on the consultation hub (unless you request your submission remain confidential)
• publish a Summary of Consultation which summarises the feedback received and outlines any intended changes and next steps.

All comments received on the proposed legislation will be considered. Relevant feedback that improves upon the proposed instrument will be incorporated into the final instrument.