Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.360

  (1)   A qualified individual may defer the rectification of a defect in an aircraft only if the deferral is permitted by subregulation   (3).

  (2)   The qualified individual commits an offence if:

  (a)   he or she defers the rectification of the defect; and

  (b)   the deferral is not permitted by subregulation   (3).

Penalty:   50 penalty units.

  (3)   Deferral of the rectification of the defect is permitted only if:

  (a)   the defect does not adversely affect the airworthiness of the aircraft; or

  (b)   the operation of the aircraft for a flight with the defect is permitted by any of the following:

  (i)   the instructions for continuing airworthiness for the aircraft;

  (ii)   the minimum equipment list for the aircraft;

  (iii)   the configuration deviation list for the aircraft;

  (iv)   an airworthiness directive; or

  (c)   the defect is approved as a permissible unserviceability under regulation   21.007; or

  (d)   the defect is in an item of operational or emergency equipment that:

  (i)   is fitted to the aircraft; and

  (ii)   is not required by the certification basis for the aircraft; and

  (iii)   is not required by or under these Regulations for the operation of the aircraft for a flight.

  (4)   An offence against subregulation   (2) is an offence of strict liability.