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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.725

Requirement not to release aircraft without certificate of release to service

Obligation--approved maintenance organisation

             (1)  If an individual carries out maintenance on an aircraft on behalf of an approved maintenance organisation, the organisation must not release the aircraft to another person unless the organisation has issued a certificate of release to service for the aircraft in relation to the maintenance.

Offence for breach of obligation

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

                     (a)  an individual carries out maintenance on an aircraft on behalf of the organisation; and

                     (b)  the organisation has not issued a certificate of release to service for the aircraft in relation to the maintenance; and

                     (c)  the organisation releases the aircraft to another person.

Penalty:  50 penalty units.

Obligation--independent maintainer

             (3)  If an independent maintainer carries out maintenance on an aircraft, or supervises the carrying out of maintenance on an aircraft by another individual, the independent maintainer must not release the aircraft to another person unless the independent maintainer has issued a certificate of release to service for the aircraft in relation to the maintenance.

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).

Offence for breach of obligation

             (4)  An independent maintainer commits an offence if:

                     (a)  the independent maintainer carries out maintenance on an aircraft, or supervises the carrying out of maintenance on an aircraft by another individual; and

                     (b)  the independent maintainer has not issued a certificate of release to service for the aircraft in relation to the maintenance; and

                     (c)  the independent maintainer releases the aircraft to another person.

Penalty:  50 penalty units.

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



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