Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.315

Meaning of competent

  (1)   An individual is competent to carry out maintenance on an aircraft or aeronautical product if he or she has the skills and knowledge to carry out the maintenance to the standard required by the maintenance data for the maintenance.

Obligation for approved maintenance organisation

  (2)   An approved maintenance organisation must ensure that an individual does not carry out maintenance on an aircraft or aeronautical product on behalf of the organisation unless:

  (a)   the organisation has assessed the individual as being competent to carry out the maintenance; or

  (b)   if the organisation has not assessed the individual as being competent to carry out the maintenance--the carrying out of the maintenance by the individual is supervised by an individual that the organisation has assessed as being competent to carry out the maintenance.

Offences for breach of obligation

  (3)   An approved maintenance organisation commits an offence if:

  (a)   an individual carries out maintenance on an aircraft or aeronautical product on behalf of the organisation; and

  (b)   before the maintenance is carried out, the organisation has not assessed the individual as being competent to carry out the maintenance; and

  (c)   the carrying out of the maintenance by the individual is not supervised.

Penalty:   50 penalty units.

  (4)   An approved maintenance organisation commits an offence if:

  (a)   an individual carries out maintenance on an aircraft or aeronautical product on behalf of the organisation; and

  (b)   before the maintenance is carried out, the organisation has not assessed the individual as being competent to carry out the maintenance; and

  (c)   the carrying out of the maintenance by the individual is supervised; and

  (d)   before the maintenance is carried out, the organisation has not assessed the individual who supervised the carrying out of the maintenance as being competent to carry out the maintenance.

Penalty:   50 penalty units.

Obligation for certain independent maintainers

  (5)   An independent maintainer mentioned in item   1 or 3 of table 42.300 must not carry out maintenance on an aircraft unless the independent maintainer is competent to carry out the maintenance.

  (6)   An independent maintainer must not supervise the carrying out of maintenance on an aircraft by another individual unless the independent maintainer is competent to carry out the maintenance.

Note 1:   The competence of an independent maintainer mentioned in item   4 or 5 of table 42.300 to carry out maintenance is dealt with by a continuing airworthiness management organisation--see paragraph   42.630(2)(e).

Note 2:   A person mentioned in item   1 of table 42.300 is the only independent maintainer who is permitted to supervise the carrying out of maintenance by another individual--see subregulation   42.300(2).

Offences for breach of obligation

  (7)   An independent maintainer mentioned in item   1 or 3 of table 42.300 commits an offence if:

  (a)   he or she carries out maintenance on an aircraft; and

  (b)   he or she is not competent to carry out the maintenance.

Penalty:   50 penalty units.

  (8)   An independent maintainer commits an offence if:

  (a)   the independent maintainer supervises the carrying out of maintenance on an aircraft by another individual; and

  (b)   the independent maintainer is not competent to carry out the maintenance.

Penalty:   50 penalty units.