(1) If the person responsible for continuing airworthiness for an aircraft becomes aware of a major defect in the aircraft, the person must, within 2 days after becoming aware of the defect, report the defect, in accordance with subregulation (2), to:
(a) CASA; and
(b) if the defect does not relate to a modification mentioned in paragraph (c), (d), (e) or (f)--the type certificate holder or foreign type certificate holder for the aircraft; and
(c) if the defect relates to a modification made to the aircraft that is covered by a supplemental type certificate for the aircraft--the supplemental type certificate holder or foreign supplemental type certificate holder for the aircraft; and
(d) if the defect relates to a part produced in accordance with an Australian Parts Manufacturer Approval--the holder of the Australian Parts Manufacturer Approval; and
(e) if the defect relates to a part produced in accordance with a Parts Manufacturer Approval issued by the FAA--the holder of the Parts Manufacturer Approval; and
(ea) if the defect relates to a part produced in accordance with a parts manufacturer approval issued by a national aviation authority to which subregulation (1A) applies--the holder of the approval; and
(f) if the defect relates to a modification made in accordance with a design covered by any of the following approvals--the holder of the approval:
(i) a modification/repair design approval;
(ii) an approval mentioned in regulation 21.475;
(iii) an approval that continues in force under regulation 202.054, 202.055 or 202.056.
Penalty: 50 penalty units.
(1A) For paragraph (1)(ea), this subregulation applies to the national aviation authority of a Contracting State if:
(a) Australia has an agreement (however described) with the Contracting State for the acceptance of parts manufacturer approvals; or
(b) CASA has an agreement (however described) with the national aviation authority for the acceptance of parts manufacturer approvals.
(2) The report must be made:
(a) in writing; and
(b) in the approved form.
Note: Under regulation 11.018, a report in the approved form is not complete unless it contains all of the information required by the form.
(3) It is a defence to a prosecution under subregulation (1) that relates to a failure to report a defect to the holder of an approval mentioned in subparagraph (1)(f)(iii) that the defendant:
(a) made all reasonable efforts to identify the holder of the approval; and
(b) was unable to identify the holder.
Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subregulation (3) (see subsection 13.3(3) of the Criminal Code ).
Note 2: See also Division 42.D.6 for other requirements relating to defects.