Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.735

Obligation

             (1)  An individual must not issue a certificate of release to service on behalf of an approved maintenance organisation for an aircraft in relation to maintenance carried out on the aircraft unless:

                     (a)  he or she is a certifying employee of the organisation; and

                     (b)  his or her certification authorisation permits him or her to issue the certificate for the aircraft in relation to the maintenance.

Offence for breach of obligation

             (2)  An individual commits an offence if:

                     (a)  he or she issues a certificate of release to service on behalf of an approved maintenance organisation for an aircraft in relation to maintenance carried out on the aircraft; and

                     (b)  at the time of issuing the certificate:

                              (i)  he or she is not a certifying employee of the organisation; or

                             (ii)  he or she is a certifying employee of the organisation, but his or her certification authorisation does not permit him or her to issue the certificate for the aircraft in relation to the maintenance.

Penalty:  50 penalty units.

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