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1988 NO. 158 CIVIL AVIATION REGULATIONS - REG 39
Maintenance of Australian aircraft in Australian territory
39. (1) The owner, operator or pilot in command of an Australian aircraft in
Australian territory shall not authorise or permit any maintenance to be
carried out on the aircraft except by a person who is, or is employed for that
purpose by, an appropriate person in relation to the maintenance.
(2) A person shall not carry out maintenance in Australian territory of an
Australian aircraft unless he or she is, or is employed for that purpose by,
an appropriate person in relation to the maintenance.
(3) An appropriate person shall not carry out a modification or repair in
Australian territory of an Australian aircraft unless:
(a) the design of the modification or repair has been approved under
regulation 35 or has been specified by the Authority in, or by means
of, a direction under regulation 25, 38 or 44; and
(b) the modification or repair is carried out in accordance with that
design.
(4) An appropriate person shall not, in carrying out maintenance in Australian
territory of an Australian aircraft, replace one aircraft component with
another unless the aircraft component that he or she installs:
(a) is identical with the aircraft component that it replaces; or
(b) has been approved under regulation 36 as a replacement for the
aircraft component that it replaces.
(5) Unless the Authority otherwise approves, an appropriate person shall not,
in carrying out maintenance in Australian territory of an Australian aircraft,
install or use in the aircraft any aircraft component or aircraft material
unless:
(a) where the aircraft component or aircraft material has been
manufactured or reconditioned by or on behalf of the
appropriate person:
(i) the work of manufacturing or reconditioning has been certified
to have been completed in accordance with a system of
certification instituted under regulation 34;
(ii) where any aircraft component incorporated in the
first-mentioned aircraft component was manufactured or
reconditioned by or on behalf of the appropriate person-the
work of manufacturing or reconditioning has been certified to
have been completed in accordance with a system of
certification instituted under regulation 34;
(iii) where any aircraft component incorporated in the
first-mentioned aircraft component was supplied to the
appropriate person by another person-the aircraft component was
so supplied under cover of a document of a kind specified or
approved by the Authority for the purposes of this
sub-paragraph; and
(iv) where the reconditioning included a modification or repair:
(A) the design of the modification or repair has been
approved under regulation 35 or has been specified by the
Authority in, or by means of, a direction under
regulation 25, 38 or 44; and
(B) the modification or repair has been carried out in
accordance with that design; or
(b) where the aircraft component or aircraft material has been supplied to
the appropriate person by another person-the aircraft component or
aircraft material was so supplied under cover of a document of a kind
specified or approved by the Authority for the purposes of this
paragraph.
(6) Unless the Authority otherwise approves, an appropriate person shall not,
in carrying out maintenance in Australian territory of an Australian aircraft,
install or use in the aircraft any aircraft component or aircraft material in
respect of which maintenance (other than reconditioning) has been carried out
by or on behalf of the appropriate person unless:
(a) the maintenance of the aircraft component or aircraft material has
been certified to have been completed in accordance with a system of
certification instituted under regulation 34;
(b) where, in the course of that maintenance, any aircraft component that
was manufactured or reconditioned by the appropriate person was
incorporated in the first-mentioned aircraft component-the work of
manufacturing or reconditioning that aircraft component has been
certified to have been completed in accordance with a system of
certification instituted under regulation 34;
(c) where, in the course of that maintenance, any aircraft component that
was supplied to the appropriate person by another person was
incorporated in that first-mentioned aircraft component-the
aircraft component was so supplied under cover of a document of a kind
specified or approved by the Authority for the purposes of this
paragraph; and
(d) where the maintenance of the aircraft component included a
modification or repair:
(i) the design of the modification or repair has been approved
under regulation 35 or has been specified by the Authority in,
or by means of, a direction under regulation 25, 38 or 44; and
(ii) the modification or repair has been carried out in accordance
with that design.
(7) Where an appropriate person has control in Australian territory of an
aircraft on which maintenance is being carried out, he or she shall take
adequate steps to ensure that notice that maintenance is being carried out on
the aircraft is given to any person likely to wish to fly the aircraft.
(8) For the purposes of subregulation (7) an aircraft on which maintenance
(other than approved maintenance to be carried out by the pilot in command of
the aircraft) has been commenced shall be deemed to be an aircraft on which
maintenance is being carried out until the maintenance has been certified to
have been completed in accordance with regulation 34.
(9) In this regulation, "appropriate person", in relation to any maintenance,
means:
(a) the holder of a certificate of approval covering the maintenance or a
person working under an arrangement with such a holder;
(b) the holder of an aircraft maintenance engineer licence covering the
maintenance (other than a person acting in the course of his or her
employment with an employer);
(c) the holder of an aircraft maintenance engineer licence who has in his
or her employ a person who is the holder of an
aircraft maintenance engineer licence covering the maintenance; or
(d) a person authorised to carry out the maintenance (other than a person
acting in the course of his or her employment with an employer);
being, where the approval or direction with respect to the maintenance
includes a requirement that the maintenance is to be carried out by a
specified person or by a person included in a specified class of
persons, a person who is, or has in his or her employ, the specified
person or a person included in the specified class of persons, as the
case may be.
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