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matters revealed by the investigation.
Penalty: 25 penalty units.
(3) If the person does not own the aircraft component the person must:
(a) have a report made to the owner of the component in relation to
the defect; and
(b) if the person thinks that the defect is such that, if the component
were installed in an aircraft, the safety of the aircraft might
become affected or the aircraft might become a danger to person
or property—have a report made to CASA in relation to the
defect.
Penalty: 25 penalty units.
(4) After the owner of an aircraft component receives the report
mentioned in paragraph (3) (a):
(a) the owner 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 owner must
have a report made to CASA in relation to the defect and any
matters revealed by the investigation.
Penalty: 25 penalty units.
(5) An offence against subregulation (4) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
52A How must reports to CASA be made?
(1) A report of a defect to CASA under regulation 51, 51A or 52:
(a) must be made in accordance with this regulation; and
(b) is not taken to be made unless in accordance with this regulation.
(2) A report must:
(a) describe the defect; and
(b) set out the date on which the defect was discovered; and
(c) set out the circumstances in which the defect was discovered; and
(d) set out any action that has been taken or that is proposed to be
taken:
(i) to rectify the defect; or
(ii) to prevent the defect from recurring; and
(e) set out what the person making the report thinks is the cause of
the defect; and
(f) if the defect is in an aircraft—set out:
126 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(i) the type, model, serial number and registration mark of the
aircraft; and
(ii) the type, model and serial number of the aircraft’s engine;
and
(iii) if the aircraft has a propeller—the type, model and serial
number of the aircraft’s propeller; and
(iv) the time in service of, number of landings of, or number of
cycles completed by, the aircraft since new; and
(g) if the defect is in an aircraft component—set out:
(i) the identity of the component, including (if applicable) the
part number and serial number of the component; and
(ii) the time in service of, or the number of cycles completed
by, the component since new; and
(iii) if the component has been overhauled—the time in service
of, or the number of cycles completed by, the component
since its most recent overhaul; and
(iv) if the component is a turbine engine—the number of cycles
completed by the component since new.
(3) Subject to subregulation (4), a report to CASA in relation to a defect
must be sent to CASA within 2 working days of the discovery of the
defect.
(4) Subregulation (3) does not apply to a report of a defect of a kind to
which regulation 51A applies.
52B Keeping of defective aircraft and aircraft components
(1) This regulation applies where a person:
(a) who owns an aircraft or an aircraft component; or
(b) who is otherwise in possession of an aircraft or an aircraft
component;
is required, by a provision of this Division, to report a defect in the
aircraft or component to CASA.
Civil Aviation Regulations 1988 127
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(2) The person must take reasonable steps to ensure that:
(a) the aircraft, or the part of the aircraft that is defective; or
(b) the aircraft component;
as the case requires, is kept in a state that will allow CASA to
investigate the defect.
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) Subject to subregulation (5), the obligation under subregulation (2)
ends when CASA gives the person notice that the aircraft, part of the
aircraft, or aircraft component is no longer required to be kept in a
state that allows CASA to investigate the defect.
(4) CASA must give the notice to the person within a period of 1 year
from the day on which the defect was reported to CASA.
(5) If CASA does not give the notice to the person within that period, the
obligation under subregulation (2) ends at the end of that period.
　
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