Commonwealth Numbered Regulations

1988 NO. 158 CIVIL AVIATION REGULATIONS - REG 38

38. (1) The Authority may, for the purpose of ensuring the safety of air
navigation, give directions specifying requirements for the maintenance of
Australian aircraft.

(2) The Authority may, for the purpose of ensuring the safety of air
navigation, give a direction to the owner or operator of an Australian
aircraft requiring him or her to submit to the Authority a proposed system of
maintenance of the aircraft.

(3) Where a person submits a proposed system of maintenance of an aircraft
under subregulation (2), the Authority may approve the proposed system, with
or without modifications, and direct the person to institute the system as so
approved.

(4) A person who has been directed under this regulation to institute a system
of maintenance of an aircraft:

   (a)  shall prepare a manual setting out the details of the system and shall
        furnish copies of the manual:

        (i)    to the Authority;

        (ii)   to such other persons associated with the maintenance of the
               aircraft as the Authority directs; and

        (iii)  to such persons in the employ of, or working under an
               arrangement with, the first-mentioned person as he or she
               considers necessary to permit the system to be carried out; and

   (b)  shall not fail:

        (i)    to comply with the requirements of the system in so far as
               those requirements apply in relation to him or her; or

        (ii)   to take all steps reasonably required to ensure that persons in
               his or her employ or working under an arrangement with him or
               her comply with the requirements of the system in so far as
               those requirements apply in relation to them.

(5) A person who has been directed under this regulation to institute a system
of maintenance of an aircraft may, at any time, request the Authority or an
authorised person to approve any proposed change in the system, and the
Authority or the authorised person may give approval accordingly.

(6) Where a change in a system of maintenance has been approved under
subregulation (5), the person who has been directed to institute the system
shall ensure that that change is incorporated in all copies of the manual
setting out the system that are kept within the person's organisation and that
notice of those changes is forwarded to all persons to whom copies of the
manual have been furnished in accordance with this regulation.

(7) Where a person who has been directed under this regulation to institute a
system of maintenance of an aircraft considers that the system is defective or
is no longer applicable to the maintenance that the person is carrying out on
the aircraft, the person shall, without delay:

   (a)  request the Authority or an authorised person to approve any necessary
        change in the system; or

   (b)  report the facts of the situation to the Authority.

(8) A direction given under this regulation may include a requirement that the
maintenance specified in the direction is to be performed by a specified
person, or by a person included in a specified class of persons, being an
appropriate person for the purposes of regulation 39 or an employee of such an
appropriate person.

(9) Where a direction given under subregulation (1) with respect to the
maintenance of an aircraft has been served by post on the owner or operator of
the aircraft, or has otherwise been brought to his or her attention, the owner
or operator shall use his or her best endeavours to ensure that the direction
is brought to the attention of any person who is likely to fly, or likely to
issue a maintenance release for, the aircraft.

(10) A direction given under this regulation does not have effect in relation
to a person until it has been served by post on the person or has otherwise
been brought to his or her attention.