51AReporting of defects in Australian aircraft: major defects

51A Reporting of defects in Australian aircraft: major defects

(1) This regulation applies to major defects: (a) that have caused, or that could cause, a primary structural failure in an aircraft; or (b) that have caused, or that could cause, a control system failure in an aircraft; or (c) that have caused, or that could cause, an engine structural failure in an aircraft; or (d) caused by, that have caused, or that could cause, fire in an aircraft. (2) If a person connected with the operation of, or the carrying out of maintenance on, an Australian aircraft discovers a defect in the aircraft, being a defect of a kind to which this regulation applies, the person must report the defect to CASA immediately.

Penalty: 50 penalty units.

(2A) An offence against subregulation (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(3) A person must not prevent another person from reporting a defect of a kind to which this regulation applies.

Penalty: 50 penalty units.

(4) It is a defence to a prosecution under subregulation (2) if the person charged establishes: (a) a reason for not being able to report the defect to CASA immediately; and (b) that the reason was: (i) by its nature such as to prevent the person reporting the defect to CASA immediately; or (ii) that the defect required further investigation to discover the extent of the defect; and (c) that the person reported the defect to CASA as soon as he or she was not prevented by the reason from doing so.