Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.425

Obligations and offences for fitting parts other than standard parts

Obligation for approved maintenance organisation

             (1)  An approved maintenance organisation must ensure that an individual who carries out maintenance on its behalf complies with subregulation 42.420(1).

Offence for breach of obligation

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

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

                     (b)  the individual fits a part that is not a standard part to the aircraft or aeronautical product; and

                     (c)  the fitting of the part is not permitted by subregulation 42.420(1).

Penalty:  50 penalty units.

Obligation for independent maintainer

             (3)  An independent maintainer must:

                     (a)  comply with subregulation 42.420(1) when carrying out maintenance on an aircraft; and

                     (b)  if the independent maintainer is supervising the carrying out of maintenance on an aircraft by another individual--ensure that the individual complies with subregulation 42.420(1).

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).

Offences for breach of obligation

             (4)  An independent maintainer commits an offence if:

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

                     (b)  he or she fits a part that is not a standard part to the aircraft; and

                     (c)  the fitting of the part is not permitted by subregulation 42.420(1).

Penalty:  50 penalty units.

             (5)  An independent maintainer commits an offence if:

                     (a)  he or she is supervising the carrying out of maintenance on an aircraft by another individual; and

                     (b)  the individual fits a part that is not a standard part to the aircraft; and

                     (c)  the fitting of the part is not permitted by subregulation 42.420(1).

Penalty:  50 penalty units.

             (6)  An offence against subregulation (2), (4) or (5) is an offence of strict liability.



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