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becomes aware of the existence of a defect in the aircraft, the person
shall report the defect to his or her employer.
(2) Subject to subregulation (3), if a person engaged in the maintenance of
an Australian aircraft becomes aware of the existence of a major
defect in the aircraft, the person must report the defect to the holder of
the certificate of registration for the aircraft and to CASA.
Penalty: 25 penalty units.
(2A) An offence against subregulation (2) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(3) A person is not required to report a defect under subregulation (2) if:
(a) the person was engaged in the maintenance as an employee; or
(b) the person is the holder of the certificate of registration for the
aircraft.
(4) If the holder of the certificate of registration for an Australian aircraft
becomes aware of the existence of a defect in the aircraft, he or she
must:
(a) have an investigation made of the defect; and
(b) if the defect is a major defect—have a report made to CASA with
respect to the defect and to any matters revealed by the
investigation.
Penalty: 25 penalty units.
51A Reporting of defects in Australian aircraft: major defects
(1) This regulation applies to major defects:
(a) that have caused, or that could cause, a primary structural failure
in an aircraft; or
(b) that have caused, or that could cause, a control system failure in
an aircraft; or
(c) that have caused, or that could cause, an engine structural failure
in an aircraft; or
(d) caused by, that have caused, or that could cause, fire in an
aircraft.
(2) If a person connected with the operation of, or the carrying out of
maintenance on, an Australian aircraft discovers a defect in the
aircraft, being a defect of a kind to which this regulation applies, the
person must report the defect to CASA immediately.
Penalty: 50 penalty units.
124 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(2A) An offence against subregulation (2) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(3) A person must not prevent another person from reporting a defect of a
kind to which this regulation applies.
Penalty: 50 penalty units.
(4) It is a defence to a prosecution under subregulation (2) if the person
charged establishes:
(a) a reason for not being able to report the defect to CASA
immediately; and
(b) that the reason was:
(i) by its nature such as to prevent the person reporting the
defect to CASA immediately; or
(ii) that the defect required further investigation to discover the
extent of the defect; and
(c) that the person reported the defect to CASA as soon as he or she
was not prevented by the reason from doing so.
51B Defects discovered in complying with directions by CASA
(1) If a person discovers a defect in an aircraft in the course of complying
with an airworthiness directive or a direction given by CASA under
regulation 38, the person must report the defect to CASA.
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.
52 Defects discovered in aircraft components
(1) This regulation applies if:
(a) a person engaged in the maintenance of an aircraft component
becomes aware of a defect in the component; or
(b) a person engaged in the maintenance of an aircraft becomes
aware of a defect in an aircraft component that the person
proposed to install in the aircraft in the course of that
maintenance; or
(c) a person who holds a certificate of approval that covers the
maintenance of aircraft components becomes aware of a defect in
an aircraft component that he or she owns; or
(d) a person who holds an Air Operator’s Certificate becomes aware
of a defect in an aircraft component that he or she owns and
intends to install in an aircraft used in operations under that Air
Operator’s Certificate.
Civil Aviation Regulations 1988 125
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(2) If the person owns the aircraft component:
(a) the person must have an investigation made of the defect; and
(b) if the defect is such that, if the component were installed in an
aircraft, the safety of the aircraft might be affected or the aircraft
might become a danger to person or property—the person must
have a report made to CASA in relation to the defect and any
　
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