Commonwealth Numbered Regulations

1988 NO. 158 CIVIL AVIATION REGULATIONS - REG 39

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.