Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.270

Reporting major defects--all aircraft

             (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.



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