Commonwealth Numbered Regulations

1991 No. 487 CIVIL AVIATION REGULATIONS (AMENDMENT) - REG 13

  13.1   After regulation 36, insert:
Use of aircraft material in the maintenance, servicing and operation of
Australian aircraft

"36A. (1) This regulation applies to a person who is the holder of the
certificate of registration for, or the operator or pilot in command of, an
Australian aircraft where the aircraft's flight manual or approved maintenance
data, or a direction under subregulation (2), requires the use of aircraft
material of an identified specification for a particular purpose connected
with the maintenance, servicing or operation of the aircraft.

"(2) The Authority may, for the purposes of this regulation, give written
directions requiring the use of aircraft materials of identified
specifications for particular purposes connected with the maintenance,
servicing or operation of Australian aircraft.

"(3) The person must not use, or permit the use of, aircraft material for that
purpose unless:

   (a)  the aircraft material conforms to the specification; or

   (b)  the Authority or an authorised person has approved the use of the
        aircraft material for that purpose. Penalty: $5,000.

"(4) If the person is charged with an offence against subregulation (3) of
using, or permitting the use of, a substance that does not conform to the
specification, it is a defence if the person proves that:

   (a)  the substance was supplied to the person by another person who
        represented the substance as being an aircraft material conforming to
        the specification; and

   (b)  the person reasonably relied on that representation.".