42WInstallation and use of aircraft components in maintenance—Australian aircraft in Australian territory

#### 42W Installation and use of aircraft components in maintenance—Australian aircraft in Australian territory (1) This regulation sets out requirements to be complied with in relation to the installation and use of aircraft components in carrying out maintenance on an Australian aircraft in Australian territory. (2) Subject to subregulation (3), a person may replace an aircraft component in the aircraft with another aircraft component only if: (a) the replacement component is serviceable; and (b) the replacement component: (i) is identical with the replaced component; or (ii) has been approved under regulation 36, as in force before 27 June 2011, as a replacement for the replaced component; or (iii) is approved for use as a replacement for the replaced component: (A) by the manufacturer of the aircraft or the replaced component; or (AA) in an Australian Parts Manufacturer Approval issued under regulation 21.303 of CASR; or (B) in a Parts Manufacturers Approval issued by the Federal Aviation Administration of the United States of America; or (BA) in a parts manufacturer approval issued by a national aviation authority to which subregulation (2A) applies; or (C) by a modification/repair design approval; or (D) by an approval mentioned in regulation 21.475 of CASR; or (iv) is taken to have been approved for use as a replacement for the replaced component under regulation 21.465 or 21.470 of CASR; and (c) if the replacement component has been removed or salvaged from another aircraft and has not had maintenance carried out on it—the replacement component is not damaged and complies with its manufacturer’s specifications. Penalty: 50 penalty units. (2A) For sub‑subparagraph (2)(b)(iii)(BA), this subregulation applies to the national aviation authority of a Contracting State if: (a) Australia has an agreement (however described) with the Contracting State for the acceptance of parts manufacturer approvals; or (b) CASA has an agreement (however described) with the national aviation authority for the acceptance of parts manufacturer approvals. (3) A person may replace an aircraft component in the aircraft with another aircraft component that does not satisfy the requirements of paragraphs (2)(a) and (c) if inclusion of the replacement component in the aircraft amounts to a permissible unserviceability in the aircraft that is approved under regulation 37. (4) Subject to regulations 42Y and 42Z, a person must not install an aircraft component in an aircraft if each of the following requirements is not satisfied: (a) if the component, or a component that it incorporates, was manufactured in the course of carrying out maintenance—the completion of the maintenance was certified in accordance with regulation 42ZE or 42ZN; (b) if the component, or another aircraft component that is incorporated in it, has had maintenance carried out on it—completion of the maintenance was certified in accordance with regulation 42ZE or 42ZN; (c) if the component, or another aircraft component that is incorporated in it, has been modified or repaired—the modification or repair was carried out in accordance with a design that: (i) was approved under regulation 35, as in force before 27 June 2011; or (ia) was approved by a modification/repair design approval; or (ib) was approved by an approval mentioned in regulation 21.475 of CASR; or (ic) is taken to have been approved under regulation 21.465 or 21.470 of CASR; or (ii) was specified by CASA in, or by means of, an airworthiness directive or a direction under regulation 44 or subregulation 21.176(2) of CASR; or (iii) was specified in the component’s, or the incorporated component’s, approved maintenance data; or (iv) if the modification or repair was carried out outside Australian territory—was approved or specified in a manner that is acceptable to CASA having regard to the safety of air navigation; (d) if subregulation (5) applies to the component, and the component was supplied by another person—the supplier of the component supplied an authorised release certificate with it and for it; (e) if the component includes a component to which subregulation (5) applies, and the included component was supplied by another person—the supplier of the included component supplied an authorised release certificate with it and for it. Penalty: 50 penalty units. > Note: Authorised release certificate means a certificate that complies with regulation 42WA—see the Dictionary. (5) This subregulation applies to: (a) an aircraft component manufactured to approved data by a manufacturer that holds an approval from CASA or a national aviation authority to do so; or (b) an aircraft component that has had maintenance carried out on it. (6) An offence against subregulation (2) or (4) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code.