Commonwealth Numbered Regulations

1997 No. 111 CIVIL AVIATION REGULATIONS (AMENDMENT) - REG 3

3.1 Omit the regulation, substitute: Maintenance controllers

"42ZV. (1) The operator of a class A aircraft must appoint a person to be the
maintenance controller for the aircraft. Penalty: 50 penalty units.

"(2) The same person may be appointed as the maintenance controller for more
than 1 class A aircraft.

"(3) A person appointed as the maintenance controller for a class A aircraft
must not undertake duties as the maintenance controller unless:

   (a)  the appointment is approved under regulation 42ZW; and

   (b)  the approval is not suspended or cancelled under regulation 42ZX.
        Penalty: 50 penalty units. Approval of maintenance controllers

"42ZW. (1) The operator of a class A aircraft may ask CASA to approve a
person's appointment as the maintenance controller for the aircraft.

"(2) CASA must, on receiving a request for approval of a person's appointment,
approve the appointment if it is reasonably satisfied that the person:

   (a)  meets the requirements of Part 1 of Schedule 9; and

   (b)  can properly perform the functions set out in Part 2 of Schedule 9.
        [NOTE: A decision not to approve the appointment of a person to be a
        maintenance controller is reviewable by the Administrative Appeals
        Tribunal under regulation 297A.]

"(3) CASA may approve an appointment subject to any condition that is
necessary in the interests of the safety of air navigation. [NOTE: A decision
to approve the appointment of a person to be a maintenance controller subject
to conditions is reviewable by the Administrative Appeals Tribunal under
regulation 297A.]

"(4) If CASA approves a person's appointment it must give a copy of the
approval, including the conditions (if any) applicable to the approval, both
to the person and to the operator.

"(5) A person whose appointment is approved must not contravene a condition to
which the approval is subject. Penalty: 50 penalty units.

"(6) An approval stops being in force if:

   (a)  it is cancelled; or

   (b)  the appointment to which it relates ends.

"(7) If CASA suspends an approval, the approval has no effect during the
period of the suspension. Suspension or cancellation of approvals

"42ZX. (1) CASA may suspend or cancel an approval of a person's appointment as
the maintenance controller for a class A aircraft if:

   (a)  the person is not carrying out the maintenance controller's functions
        satisfactorily; or

   (b)  the person has contravened a condition to which the approval is
        subject. [NOTE: A decision to suspend or cancel an approval is
        reviewable by the Administrative Appeals Tribunal under regulation
        297A.]

"(2) A suspension or cancellation does not have effect until a notice of the
suspension or cancellation is served on:

   (a)  the person; and

   (b)  the operator of the aircraft. Maintenance control manuals

"42ZY. (1) The operator of a class A aircraft must prepare a maintenance
control manual for the aircraft that:

   (a)  states the operator's name; and

   (b)  if the operator does not hold the registration certificate for the
        aircraft - states the name of its certificate holder; and

   (c)  sets out the functions of the operator's maintenance controller; and

   (d)  includes:

        (i)    a description of the aircraft that identifies it, including
               particulars of its type, model and marks; and

        (ii)   details of the arrangements for the control of maintenance of
               the aircraft; and

        (iii)  details of the arrangements under which the aircraft's approved
               maintenance program is to be met; and

        (iv)   details of the arrangements to ensure compliance with the
               weight and balance requirements for the aircraft; and

   (v)  a statement determining the period, or period of time-in-service, for
        which a maintenance release for the aircraft is to remain in force.
        Penalty: 50 penalty units.

"(2) The operator must ensure:

   (a)  compliance with the maintenance control manual; and

   (b)  that the maintenance controller properly carries out the maintenance
        controller's function set out in Part 2 of Schedule 9. Penalty: 50
        penalty units.

"(3) An operator must make available to a person who carries out maintenance
on the operator's aircraft a copy of the parts of the maintenance control
manual that are relevant to the maintenance. Penalty: 50 penalty units.
Maintenance control manuals: amendments

"42ZZ. (1) An operator must amend the operator's maintenance control manual
whenever it is necessary to do so to keep it up-to-date. Penalty: 50 penalty
units

"(2) CASA may direct the operator to amend the maintenance control manual in
accordance with the direction.

"(3) An operator must comply with a direction given to the operator. Penalty:
50 penalty units.

"(4) The operator must ensure that amendments of the maintenance control
manual made under this regulation are incorporated in each copy of the manual
kept by the operator. Penalty: 50 penalty units. Inspection of maintenance
control manuals

"42ZZA. An operator must, if asked by CASA, make the operator's maintenance
control manual available for inspection by CASA. Penalty: 50 penalty units.".