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Penalty: 25 penalty units.
(1A) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(2) A person may carry out maintenance on an Australian aircraft outside
Australian territory if:
(a) the person would be permitted by regulation 42ZC to carry out
the maintenance if the aircraft were in Australian territory; or
(b) if the aircraft is in a Contracting State—the person would be
permitted under the law of the Contracting State to carry out the
maintenance if the aircraft were registered in the Contracting
State; or
Replacement Page Amdt No. 8
December 2004
Civil Aviation Regulations 1988 97
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(c) the person is authorised by CASA under subregulation (3) to
carry out the maintenance and the maintenance is carried out in
accordance with any conditions subject to which the authorisation
is given.
(3) CASA may, in writing, authorise a person for the purposes of
paragraph (2) (c).
(4) An authorisation is subject to any conditions that:
(a) CASA considers are necessary in the interests of the safety of air
navigation; and
(b) are included in the authorisation.
98 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
Division 6 Certification of Completion of Maintenance
Subdivision 1 Maintenance in Australian territory
42ZE Certification of completion of maintenance on aircraft in
Australian territory
(1) A person who carries out maintenance on an Australian aircraft in
Australian territory must ensure that completion of the maintenance is
certified in accordance with:
(a) if the person has an approved system of certification of
completion of maintenance—that system; or
(b) if paragraph (a) does not apply—the CASA system of
certification of completion of maintenance.
Penalty: 50 penalty units.
(2) For the purposes of this regulation, maintenance performed by
employees of an employer who is the holder of a certificate of
approval, an aircraft maintenance engineer licence or an airworthiness
authority is to be taken to be carried out by the employer and not by
the employees.
(3) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
42ZF Request for approval of system of certification
(1) A person who is, or who may be, required by regulation 42ZE to
ensure completion of maintenance is certified may, in writing, request
CASA to approve a system of certification of completion of
maintenance.
(2) The request must be accompanied by a copy of the system.
42ZG Approval of system of certification
(1) If:
(a) CASA receives a request for approval of a system of certification
of completion of maintenance; and
(b) CASA is satisfied that, having regard to the CASA system of
certification of completion of maintenance, the system adequately
provides for certification of the completion of the maintenance;
CASA must approve the system.
(2) CASA must, in writing, notify the person who requested approval of
the system of certification of CASA’s decision in relation to the
system.
(3) If CASA decides not to approve the system of certification CASA
must include in the notice a statement of the reasons for that decision.
Civil Aviation Regulations 1988 99
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
42ZH When approval is effective
(1) If CASA approves a system of certification of completion of
maintenance, the approval has effect from when notice of the decision
is given to the person who requested approval of the system.
(2) The approval stops being in force if:
(a) it is revoked by CASA by written notice given to the person who
requested approval of the system; or
(b) the person who requested approval of the system gives CASA
written notice that the person no longer wants to use the system.
(3) CASA must not revoke an approval of a system of certification of
completion of maintenance unless CASA thinks it is necessary to do
so for the purpose of ensuring the safety of air navigation.
42ZJ Changes to an approved system of certification
(1) A person who has an approved system of certification of completion
of maintenance may, in writing, request CASA or an authorised
person to approve a proposed change to the system.
(2) The request must be accompanied by a copy of the proposed change.
　
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