43Maintenance releases in respect of Australian aircraft

#### 43 Maintenance releases in respect of Australian aircraft (1) Maintenance releases in respect of Australian aircraft shall be issued only by authorised persons and only in such manner, and in accordance with such form, as CASA directs or approves. (2) CASA may give a direction specifying the information to be entered on a maintenance release before its issue. (3) Where a person appointed as an authorised person for the purposes of this regulation is a body corporate, CASA shall specify in the instrument of appointment the condition that any maintenance release issued by the authorised person is to be signed, on behalf of the authorised person, by a specified person or by a person included in a specified class of persons. (4) CASA may give a direction with respect to the retention and transfer of maintenance releases and copies of maintenance releases issued under this regulation. (5) CASA may give a direction specifying the period, or the maximum period, that a maintenance release of a kind specified in the direction is to be expressed to remain in force. (6) A maintenance release may be issued in respect of an aircraft only if: (a) there is in force, a certificate of airworthiness for the aircraft; or (b) CASA has approved the issue of the maintenance release. (7) A maintenance release may be issued in respect of an aircraft only if all maintenance in respect of the aircraft required to be carried out to comply with any requirement or condition imposed under these Regulations has been certified, in accordance with regulation 42ZE or 42ZN, to have been completed. (8) For the purposes of subregulation (7), the existence of an earlier maintenance release issued by virtue of that subregulation in respect of an aircraft may, in the absence of evidence to the contrary, be accepted by an authorised person for the purposes of this regulation as proof that all maintenance required under these Regulations to be carried out on the aircraft before the date of issue of the earlier maintenance release has been certified to have been completed as required by that subregulation. (9) A maintenance release may bear an endorsement that the release is issued subject to a condition set out in the endorsement, being a condition imposed for the purpose of ensuring the safety of air navigation. (10) Where an aircraft has a permissible unserviceability, a maintenance release issued in respect of the aircraft, or other document approved for use as an alternative to the maintenance release for the purposes of this subregulation, shall bear an endorsement: (a) setting out each permissible unserviceability that exists with respect to the aircraft; (b) setting out such of the conditions (if any) with respect to the use of an aircraft with those permissible unserviceabilities set out in any direction given under regulation 37, or approval under regulation 21.007 of CASR, in relation to those permissible unserviceabilities as are not set out in any operations manual issued with respect to the aircraft or in Part 20 of the Civil Aviation Orders; and (c) stating that the maintenance release is issued subject to those conditions, whether set out in the maintenance release or the other document or otherwise. (11) A person shall not issue a maintenance release in contravention of this regulation. Penalty: (a) for a contravention of subregulation (1)—25 penalty units; or (b) for a contravention of subregulation (6)—25 penalty units; or (c) for a contravention of subregulation (7)—50 penalty units; or (d) for a contravention of subregulation (10)—10 penalty units. (11A) A person must not contravene: (a) a direction; or (b) the condition specified in subregulation (3); or (c) a condition to which a maintenance release is subject. Penalty: (a) for a contravention of a direction under subregulation (2)—10 penalty units; or (b) for a contravention of the condition specified in subregulation (3)—10 penalty units; or (c) for a contravention of a direction under subregulation (4) or (5)—5 penalty units; or (d) for a contravention of a condition under subregulation (9)—50 penalty units. (12) Subregulation (11) does not apply in relation to a person by reason only that he or she has issued a maintenance release in contravention of a direction given under this regulation unless the direction has been served on the person. (13) A person shall not sign a maintenance release to be issued by virtue of subregulation (7) in respect of an aircraft if: (a) the person considers that: (i) the aircraft is defective; and (ii) the defect is major damage or a major defect; and (iii) the defect is not a permissible unserviceability; or (b) the person considers that maintenance carried out on the aircraft may have adversely affected, to such an extent as to affect the safety of the aircraft, the flight characteristics of the aircraft or the operating characteristics of any aircraft component, or of any system of aircraft components, installed in the aircraft; or (c) the person is aware that certain maintenance that has been carried out on the aircraft has not been certified, in accordance with regulation 42ZE or 42ZN, to have been completed; or (d) the person is aware that: (i) information entered on the maintenance release is incorrect; or (ii) the maintenance release does not contain all information that it is required by or under these Regulations to contain. (13A) A person must not contravene subregulation (13). Penalty: (a) if the person signs the maintenance release in contravention of paragraph (13)(a) or (b)—50 penalty units; or (b) if the person signs the maintenance release in contravention of paragraph (13)(c)—10 penalty units; or (c) if the person signs the maintenance release in contravention of paragraph (13)(d)—25 penalty units. (15) A direction given under this regulation does not have effect in relation to a person until it has been served on the person. (16) Where a maintenance release is issued under this regulation, or again commences to be in force by virtue of regulation 48, in respect of an aircraft, any other maintenance release in force in respect of the aircraft immediately before that issue or that commencement, as the case may be, ceases to be in force. (17) An offence against subregulation (11) or (11A) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code.