42ZCMaintenance on Australian aircraft in Australian territory

#### 42ZC Maintenance on Australian aircraft in Australian territory (1) The holder of the certificate of registration for, the operator of, and the pilot in command of, an Australian aircraft must not authorise or permit any maintenance to be carried out on the aircraft in Australian territory by a person if the person is not permitted by this regulation to carry out the maintenance. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (3) Subject to subregulation (5), a person may carry out maintenance on a class A aircraft in Australian territory if: (a) the person: (i) holds: (A) an aircraft engineer licence that permits him or her to perform maintenance certification for the maintenance; or (B) an airworthiness authority or an aircraft welding authority covering the maintenance; and (ii) either: (A) holds a certificate of approval covering the maintenance; or (B) is employed by, or working under an arrangement with, a person who holds a certificate of approval covering the maintenance; or (b) the following requirements are satisfied: (i) the person is employed by, or working under an arrangement with, a person who holds a certificate of approval covering the maintenance; and (ii) the maintenance is carried out under the supervision of a person who holds an aircraft engineer licence that permits him or her to perform maintenance certification for the maintenance, and who either: (A) holds a certificate of approval covering the maintenance; or (B) is employed by, or working under an arrangement with, a person who holds a certificate of approval covering the maintenance; or (c) the person is a pilot of the aircraft and is authorised to carry out the maintenance by the aircraft’s approved system of maintenance; or (d) the person is authorised by CASA under subregulation (6), or an authorised person under subregulation (7), to carry out the maintenance and the maintenance is carried out in accordance with any conditions subject to which the authorisation is given. (4) Subject to subregulation (5), a person may carry out maintenance on a class B aircraft in Australian territory if: (a) the person: (i) holds: (A) an aircraft engineer licence that permits him or her to perform maintenance certification for the maintenance; or (B) an airworthiness authority or an aircraft welding authority covering the maintenance; and (ii) either: (A) holds a certificate of approval covering the maintenance; or (B) is employed by, or working under an arrangement with, a person who holds a certificate of approval covering the maintenance; or (b) except where the maintenance is specified in Schedule 7, the person: (i) holds: (A) an aircraft engineer licence that permits him or her to perform maintenance certification for the maintenance; or (B) an airworthiness authority or an aircraft welding authority covering the maintenance; and (ii) either: (A) is not an employee; or (B) is employed by a person mentioned in subparagraph (i); or (c) the person carries out the maintenance under the supervision of a person who: (i) holds an aircraft engineer licence that permits him or her to perform maintenance certification for the maintenance; and (ii) is permitted by paragraph (a) or (b) to carry out the maintenance; or (d) the following requirements are satisfied: (i) the person is the holder of a pilot licence that is valid for the aircraft; (ii) the maintenance is specified in Part 1 of Schedule 8; (iii) the maintenance is carried out in accordance with any conditions prescribed by legislative instrument issued by CASA for the purposes of this subparagraph; or (da) the following requirements are satisfied: (i) the person is a category B1 licence holder or a category B2 licence holder; (ii) the maintenance is specified in Part 1 of Schedule 8; (iii) the maintenance is carried out in accordance with any conditions prescribed by legislative instrument issued by CASA for the purposes of this subparagraph; or (db) for an aircraft that is a balloon—the following requirements are satisfied: (i) the person is the holder of a commercial pilot (balloon) licence or a private pilot certificate (balloons) that is valid for the balloon; (ii) the maintenance is specified in Part 2 of Schedule 8; (iii) the maintenance is carried out in accordance with any conditions prescribed by legislative instrument issued by CASA for the purposes of this subparagraph; or (dc) the following requirements are satisfied: (i) the aircraft is of a type that has been manufactured in accordance with the requirements of, and accepted for use by, an armed force; (ii) the maintenance is carried out under the supervision of a person who holds an airworthiness authority covering the maintenance; or (dd) the following requirements are satisfied: (i) the aircraft is an amateur‑built aircraft, kit‑built aircraft or a light sport aircraft; (ii) the person is included in a class of persons prescribed by legislative instrument issued by CASA for the purposes of this subparagraph; (iii) the maintenance is carried out in accordance with any conditions prescribed by legislative instrument issued by CASA for the purposes of this subparagraph; or (e) the person is authorised by CASA under subregulation (6) to carry out the maintenance and the maintenance is carried out in accordance with any conditions subject to which the authorisation is given. (5) In spite of subregulations (3) and (4), a person may carry out maintenance on an aircraft component, or an aircraft material, if: (a) the person is employed by, or working under an arrangement with, the holder of a certificate of approval that covers the maintenance; and (b) in the case of maintenance that is either: (i) an inspection using a non‑destructive testing method; or (ii) manual welding; the person is authorised by CASA under subregulation (6) to carry out the maintenance and the maintenance is carried out in accordance with any conditions subject to which the authorisation is given. (6) CASA may, in writing, authorise a person for the purposes of paragraph (3)(d) or (4)(e) or subregulation (5). (7) An authorised person may, in writing, authorise a person for the purposes of paragraph (3)(d). (8) An authorisation is subject to any conditions that: (a) CASA or the authorised person, as the case may be, considers are necessary in the interests of the safety of air navigation; and (b) are included in the authorisation. (10) For the purposes of this regulation, an aircraft welding authority covers maintenance of a particular kind if the authority is issued for the type of manual welding and the parent metal group that is appropriate to that kind of maintenance.