Commonwealth Consolidated Regulations

CIVIL AVIATION REGULATIONS 1988 - REG 51A

  (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.

  (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.