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(13A) A person must not contravene subregulation (13).
Penalty:
(a) if the person signs the maintenance release in contravention of
paragraph (13) (a) or (b)—50 penalty units; or
(b) if the person signs the maintenance release in contravention of
paragraph (13) (c)—10 penalty units; or
(c) if the person signs the maintenance release in contravention of
paragraph (13) (d)—25 penalty units.
(15) A direction given under this regulation does not have effect in relation
to a person until it has been served on the person.
(16) Where a maintenance release is issued under this regulation, or again
commences to be in force by virtue of regulation 48, in respect of an
aircraft, any other maintenance release in force in respect of the
aircraft immediately before that issue or that commencement, as the
case may be, ceases to be in force.
(17) An offence against subregulation (11) or (11A) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
43A Maintenance release to be available for inspection
(1) CASA or an authorised person may, at all reasonable times, inspect a
maintenance release, or a copy of a maintenance release, for an
aircraft.
112 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(2) A person who has possession or custody of a maintenance release, or a
copy of a maintenance release, must make it available for inspection
by CASA or an authorised person at the request of CASA or the
authorised person.
Penalty: 25 penalty units.
(3) An offence against subregulation (2) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
43B Time-in-service to be recorded on maintenance release
(1) On the completion of flying operations on each day that an aircraft is
flown, the owner, operator or pilot in command must record on the
maintenance release the total time-in-service of the aircraft on the day.
Penalty: 25 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
44 Conditions with respect to maintenance releases
(1) CASA may, for the purpose of ensuring the safety of air navigation,
give a direction that a condition set out in the direction shall apply in
relation to:
(a) every maintenance release in force on or after the date of the
direction;
(b) every maintenance release in respect of an aircraft of a kind
specified in the direction in force on or after the date of the
direction; or
(c) a maintenance release in respect of a specified aircraft.
(1A) CASA may, for the purpose of ensuring the safety of air navigation,
give directions requiring the endorsement of information on
maintenance releases.
(1B) It is a condition of a maintenance release that any applicable directions
under subregulation (1A) are complied with.
Civil Aviation Regulations 1988 113
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(2) A direction given under this regulation does not have effect in relation
to a person until it has been served on the person.
(3) A person who contravenes a direction given under this regulation is
guilty of an offence punishable, on conviction, by:
(a) in the case of a direction under subregulation (1)—a fine not
exceeding 50 penalty units; and
(b) in the case of a direction under subregulation (1A)—a fine not
exceeding 25 penalty units.
(4) An offence against subregulation (3) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
45 Suspension or cancellation of maintenance release
(1) Where CASA is satisfied that a condition set out in, or applying in
relation to, a maintenance release has not been complied with, CASA
may suspend or cancel the maintenance release.
(2) A suspension or cancellation of a maintenance release under this
regulation does not have effect in relation to a person until a
notification of the suspension or cancellation has been served on the
person.
46 Information to be passed to other persons
(1) If a direction setting out a condition that applies in relation to a
maintenance release of an aircraft given under regulation 44, or a
notification of a suspension or cancellation of a maintenance release of
an aircraft given under regulation 45, has been served on the holder of
the certificate of registration for the aircraft, the holder must use his or
her best endeavours to ensure that the direction or the fact that the
　
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