Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.445

  (1)   An individual who is carrying out maintenance on an aircraft or aeronautical product must not fit a standard part to the aircraft or aeronautical product unless the fitting of the part   is permitted under:

  (a)   regulation   42.450; or

  (b)   subregulation   (2).

  (2)   For paragraph   (1)(b), the standard part may be fitted if:

  (a)   the standard part   is serviceable; and

  (b)   the standard part   is accompanied by:

  (i)   information that identifies the specification with which the part   complies; and

  (ii)   information that allows the part to be traced to its manufacturer; and

  (c)   the standard part   is accompanied by evidence that the standard part   complies with the specification; and

  (d)   the standard part   is eligible to be fitted to the aircraft or the aeronautical product; and

  (e)   if the manufacturer of the standard part has specified a storage life for the part--the storage life for the part has not expired.

Obligation for approved maintenance organisation

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

Offence for breach of obligation

  (4)   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 standard part to the aircraft or aeronautical product; and

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

Penalty:   50 penalty units.

Obligation for independent maintainer

  (5)   An independent maintainer must:

  (a)   comply with subregulation   (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   (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

  (6)   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 standard part to the aircraft; and

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

Penalty:   50 penalty units.

  (7)   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 standard part to the aircraft; and

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

Penalty:   50 penalty units.

  (8)   An offence against subregulation   (4), (6) or (7) is an offence of strict liability.