Commonwealth Consolidated Regulations

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Record for deferral of rectification of defect

             (1)  A record of the deferral of the rectification of a defect must be made in:

                     (a)  the flight technical log for the aircraft, if:

                              (i)  the defect affects the operation of the aircraft; or

                             (ii)  the deferral was permitted by subparagraph 42.360(3)(b)(ii) or (iii); or

                     (b)  the continuing airworthiness records system for the aircraft, in any other case.

             (2)  The record must contain:

                     (a)  a description of the defect; and

                     (b)  a statement of the reasons for the qualified individual's decision to defer the rectification of the defect; and

                     (c)  any limitations or conditions mentioned in a document mentioned in paragraph 42.360(3)(b) in relation to the deferral of the rectification of the defect and the operation of the aircraft.

             (3)  A qualified individual commits an offence if:

                     (a)  he or she makes a record of the deferral of the rectification of a defect; and

                     (b)  the record does not comply with this regulation.

Penalty:  50 penalty units.

             (4)  An offence against subregulation (3) is an offence of strict liability.

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