(1) This regulation applies if an individual carries out maintenance on an aircraft or aeronautical product that involves:
(a) making a modification to the aircraft or aeronautical product; or
(b) a repair of the aircraft or aeronautical product that involves a change to the approved design for the aircraft or aeronautical product.
(2) Before a certificate of release to service is issued for the aircraft or aeronautical product in relation to the maintenance, the individual must ensure that:
(a) there is a Part 21 approval for the design of the modification or repair; and
(b) the modification or repair complies with the design.
Note: For who issues a certificate of release to service for an aircraft, see Subdivision 42.H.3.2. For who issues a certificate of release to service for an aeronautical product, see Subdivision 42.H.4.2.
Offence--approved maintenance organisation
(3) An approved maintenance organisation must ensure that an individual who carries out maintenance on its behalf complies with subregulation (2).
Offences--independent maintainer
(4) An independent maintainer must comply with subregulation (2):
(a) when carrying out maintenance on an aircraft; and
(b) when supervising the carrying out of maintenance on an aircraft by another individual.
Note: 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).
(5) An offence against subregulation (3) or (4) is an
offence of strict liability.