Division 42.E.4—Requirements for controlling unapproved parts

Subpart 42.A—Preliminary #### 42.005 Purpose of Part This Part: (a) sets out continuing airworthiness requirements, including requirements for carrying out maintenance, for aircraft and aeronautical products to which this Part applies; and (b) empowers CASA to issue a Manual of Standards for this Part. > Note: See Part 21 in relation to initial airworthiness requirements for aircraft and aeronautical products, and the issue of certificates of airworthiness for aircraft. #### 42.010 Applicability of Part Subject to Subpart 202.BA, this Part applies to: (a) a registered aircraft; and (b) an aeronautical product for a registered aircraft. > Note 1: For the definition of registered, see Part 1 of the Dictionary. > Note 2: Subpart 202.BA contains application and transitional provisions for this Part. Under regulations 202.180 and 202.181, this Part applies to the following: (a) a registered aircraft that is used to conduct a Part 121 operation that is a scheduled air transport operation; (aa) a registered aircraft that is used to conduct a Part 135 operation that is a scheduled air transport operation; (b) a registered aircraft for which an election under regulation 202.181 is in force; (c) an aeronautical product for an aircraft mentioned in paragraph (a) or (b); (d) a Part 145 organisation that is providing maintenance services for an aircraft or aeronautical product mentioned in paragraph (a), (b) or (c); (e) an independent maintainer mentioned in item 4 or 5 of table 42.300 who is carrying out maintenance on an aircraft mentioned in paragraph (a) or (b). #### 42.015 Definitions for Part (1) In this Part: > accountable manager: (a) for a Subpart 42.F organisation—has the meaning given by subregulation 42.500(1); and (b) for a continuing airworthiness management organisation—has the meaning given by subregulation 42.575(1). > aircraft control system, for an aircraft, means the system of the aircraft by which the flight path, attitude or propulsive force of the aircraft is changed. > airworthiness review means a review carried out under Division 42.I.3. > airworthiness review certificate means a document that complies with regulation 42.860. > airworthiness review employee means an individual who is authorised by a continuing airworthiness management organisation in accordance with the Part 42 Manual of Standards to do the following on behalf of the organisation: (a) carry out an airworthiness review for an aircraft; (b) issue an airworthiness review certificate. > airworthy has the meaning given by subregulation (2). > approval certificate: (a) for a Subpart 42.F organisation—has the meaning given by subregulation 42.500(1); and (b) for a continuing airworthiness management organisation—has the meaning given by subregulation 42.575(1). > approval certificate reference number means: (a) for a Subpart 42.F organisation—the number determined by CASA under subregulation 42.520(2); and (b) for a continuing airworthiness management organisation—the number determined by CASA under subregulation 42.595(2); and (c) for a Part 145 organisation—the number determined by CASA under subregulation 145.035(2). > approval rating means a rating for a kind of aircraft, aeronautical product or specialist maintenance specified in the Part 42 Manual of Standards. > approved design means: (a) for an aircraft, aircraft engine or propeller: (i) the type design for the aircraft, engine or propeller; and (ii) any changes to the type design made in accordance with a Part 21 approval; and (b) for an aeronautical product, other than an aircraft engine or propeller, that is approved in a manner mentioned in regulation 21.305 or 21.305A: (i) the design specifications for the product; and (ii) any changes to the design specifications made in accordance with a Part 21 approval. > approved maintenance program, for an aircraft, means a maintenance program for the aircraft that has been approved in accordance with Subpart 42.J, including any variations to the program that have been approved in accordance with Subpart 42.J. > approved reliability program, for an aircraft, means a reliability program for the aircraft that has been approved in accordance with Subpart 42.L, including any variations to the program that have been approved in accordance with Subpart 42.L. > certification authorisation number means: (a) for a certification authorisation issued by a Subpart 42.F organisation—the authorisation reference number allocated to the authorisation by the organisation in accordance with the Part 42 Manual of Standards; and (b) for a certification authorisation issued by a Part 145 organisation—the authorisation reference number allocated to the authorisation by the organisation in accordance with the Part 145 Manual of Standards. > competent, to carry out maintenance on an aircraft or aeronautical product, has the meaning given by subregulation 42.315(1). > configuration deviation list, for an aircraft, means a document that: (a) is prepared by the aircraft’s type certificate holder or foreign type certificate holder; and (b) is approved by the State of Design for the aircraft; and (c) lists each external part of the aircraft that is permitted to be missing from the aircraft, under conditions specified in the document, at the commencement of a flight by the aircraft. > continuing airworthiness management service has the meaning given by subregulation 42.575(1). > continuing airworthiness manager, for a continuing airworthiness management organisation, has the meaning given by subregulation 42.575(1). > continuing airworthiness record, for an aircraft, has the meaning given by subregulation (3). > continuing airworthiness records system, for an aircraft, means the system required by regulation 42.170 for the aircraft. > continuing airworthiness responsibility, for a continuing airworthiness management organisation, has the meaning given by subregulation 42.575(1). > creation date has the meaning given by subregulation 42.260(2). > critical control system maintenance, for an aircraft: (a) means maintenance carried out on the aircraft control system for the aircraft that, if not carried out correctly, may result in a failure, malfunction or defect of the system that will endanger the safe operation of the aircraft; and (b) does not include optional dual flight control maintenance. > eligible to be fitted, for a part, has the meaning given by subregulation (4). > eligible to be used, for a material, has the meaning given by subregulation (5). > exposition: (a) for a Subpart 42.F organisation—has the meaning given by subregulation 42.500(1); and (b) for a continuing airworthiness management organisation—has the meaning given by subregulation 42.575(1); and (c) for a Part 145 organisation—has the meaning given by subregulation 145.010(1). > independent individual, for critical control system maintenance for an aircraft, has the meaning given by regulation 42.335. > independent maintainer means an individual mentioned in item 1, 3, 4 or 5 of table 42.300. > life limit, for an aeronautical product that is fitted, or is to be fitted, to an aircraft or another aeronautical product (the second aeronautical product), means: (a) if an airworthiness directive specifies an amount of use, or an age, after which the product must not be used—that amount of use, or age; or (b) if paragraph (a) does not apply, and the approved design for the aircraft specifies an amount of use, or an age, after which the product must not be used—that amount of use, or age; or (c) if paragraphs (a) and (b) do not apply, and the approved design for the second aeronautical product specifies an amount of use, or an age, after which the product must not be used—that amount of use, or age; or (d) if none of paragraphs (a), (b) and (c) apply—the amount of use, or age, specified in the approved design for the product as the amount of use, or age, after which the product must not be used. > Note: Life limit may be expressed in a number of ways, including the amount of operating time, the number of operating cycles or a calendar period. > main location, for a Part 145 organisation, has the meaning given by the Part 145 Manual of Standards. > maintenance program, for an aircraft that is authorised to operate under an AOC or a large aircraft, means the approved maintenance program for the aircraft. > maintenance program approval employee, for a continuing airworthiness management organisation, means an individual who is authorised by the organisation in accordance with the Part 42 Manual of Standards: (a) to approve a maintenance program for an aircraft; or (b) to approve a variation to a maintenance program for an aircraft. > maintenance record means: (a) for maintenance carried out on an aircraft—a record that contains: (i) the information required under regulation 42.395; and (ii) the maintenance certification for the maintenance; and (b) for maintenance carried out on an aeronautical product—a record required to be made under regulation 42.400. > optional dual flight control maintenance means maintenance: (a) that involves only the connection or disconnection of optional dual flight controls without using tools; and (b) that does not involve the assembly, adjustment, repair, modification or replacement of any other part of the aircraft control system. > Part 21 approval means: (a) for a change to the type design of an aircraft, aircraft engine or propeller: (i) an approval under regulation 21.095 or 21.098; or (ii) an approval in a supplemental type certificate or a foreign supplemental type certificate; or (iii) a modification/repair design approval; or (iv) an approval taken to have been given under regulation 21.465 or 21.470; or (v) an approval mentioned in regulation 21.475; or (vi) an approval that continues in force under regulation 202.054, 202.055 or 202.056; and (b) for a change to the design of an aeronautical product other than an aircraft engine or propeller: (i) a modification/repair design approval; or (ii) an approval taken to have been given under regulation 21.465 or 21.470; or (iii) an approval mentioned in regulation 21.475; or (iv) an approval that continues in force under regulation 202.054, 202.055 or 202.056. > Note: For the definition of modification/repair design approval, see Part 1 of the Dictionary. > Part 90 Manual of Standards means the Manual of Standards issued by CASA under regulation 90.020. > person responsible for continuing airworthiness, for an aircraft, has the meaning given by regulation 42.105. > qualified individual, for a defect in an aircraft, has the meaning given by regulation 42.350. > quality manager, for a continuing airworthiness management organisation, has the meaning given by subregulation 42.575(1). > responsibility start date, for a person and an aircraft, means the day on which the person becomes the person responsible for continuing airworthiness for the aircraft. > responsible manager: (a) for a Subpart 42.F organisation—has the meaning given by subregulation 42.500(1); and (b) for a continuing airworthiness management organisation—has the meaning given by subregulation 42.575(1). > serviceable, in relation to an aeronautical product, has the meaning given by subregulation (6). > significant change: (a) for a Subpart 42.F organisation—has the meaning given by subregulation 42.500(1); and (b) for a continuing airworthiness management organisation—has the meaning given by subregulation 42.575(1). > unapproved, in relation to a part, has the meaning given by regulation 42.470. > unsalvageable, in relation to an aeronautical product, has the meaning given by subregulation (7). > Note: See the Dictionary for definitions of other terms used in this Part. (2) An aircraft is airworthy if it is in a state that conforms with its approved design and is in a condition for safe operation. (3) Each of the following is a continuing airworthiness record for an aircraft: (a) a record made under paragraph 42.130(3)(b) for the aircraft; (b) a record made under Subdivision 42.C.3.2 for the aircraft; (c) a document kept under regulation 42.215 for the aircraft; (d) a record made under this Part in the flight technical log for the aircraft; (e) a record made by a means, other than a flight technical log, approved by CASA under regulation 42.250; (f) a record made under regulation 42.345 for the aircraft; (g) a record made under regulation 42.370 for the aircraft; (h) a maintenance record for maintenance carried out on the aircraft; (i) a certificate of release to service for an aircraft in relation to maintenance carried out on the aircraft; (j) a copy of the design of a modification or repair that is unique to the aircraft; (k) if an aircraft maintenance record was kept for the aircraft in accordance with Division 10 of Part 4A of CAR—that aircraft maintenance record; (l) a document for the aircraft: (i) that is equivalent to a document mentioned in paragraphs (a) to (k); and (ii) that was issued or kept under a law of a foreign country; (m) a record of information for the aircraft: (i) that is equivalent to a record mentioned in paragraphs (a) to (k); and (ii) that was made or kept under a law of a foreign country. > Note: For paragraph (d), see the notes to regulation 42.220. (4) A part is eligible to be fitted to an aircraft or another aeronautical product if the fitting is permitted: (a) by the approved design for the aircraft or the other aeronautical product that the aeronautical product will be fitted to; or (b) by an Australian Parts Manufacturer Approval; or (c) by a Parts Manufacturer Approval issued by the FAA; or (d) by a parts manufacturer approval issued by a national aviation authority to which subregulation (4A) applies. (4A) For paragraph (4)(d). 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. (5) A material is eligible to be used in or on an aircraft or an aeronautical product if the use is permitted: (a) by the approved design for the aircraft or the aeronautical product; or (b) by maintenance data for maintenance to be carried out on the aircraft or aeronautical product. (6) An aeronautical product is serviceable if the product: (a) conforms with its approved design; and (b) is fit for its intended use. (7) An aeronautical product is unsalvageable if the product: (a) is unserviceable; and (b) cannot be made serviceable. #### 42.020 Part 42 Manual of Standards Power to issue Manual of Standards (1) For subsection 98(5A) of the Act, CASA may issue a Manual of Standards for this Part that specifies matters affecting the maintenance or airworthiness of aircraft. Matters—general (2) In particular, a Manual of Standards may specify the following matters: (a) for paragraph (b) of the definition of authorised release certificate in subclause 18(2) of Part 2 of the Dictionary, that a specified kind of document issued under a law of a specified foreign country is equivalent to a document mentioned in paragraph (a) of that definition; (b) for paragraph (d) of the definition of authorised release certificate in subclause 18(2) of Part 2 of the Dictionary, that a specified kind of document issued under a law of a specified foreign country is equivalent to a document mentioned in paragraph (c) of that definition; (c) for subparagraph (b)(ii) of the definition of large aircraft in clause 1 of Part 3 of the Dictionary, that a particular type and model of aeroplane is a large aircraft; (d) for subparagraph (d)(ii) of the definition of large aircraft in clause 1 of Part 3 of the Dictionary, that a particular type and model of helicopter is a large aircraft; (e) for subparagraph (b)(ii) of the definition of small aircraft in clause 1 of Part 3 of the Dictionary, that a particular type and model of aeroplane is a small aircraft; (f) for subparagraph (d)(ii) of the definition of small aircraft in clause 1 of Part 3 of the Dictionary, that a particular type and model of helicopter is a small aircraft; (g) maintenance for items 1 and 2 of table 42.300; (h) maintenance for item 3 of table 42.300; (i) maintenance for items 4 and 5 of table 42.300; (ia) countries for regulations 42.301 and 42.306; (j) requirements for a maintenance program; (k) requirements for a reliability program; (l) that a document is an aviation industry standard; (m) the matters mentioned in subregulation (3) for Subpart 42.F; (n) the matters mentioned in subregulation (4) for Subpart 42.G. Matters for Subpart 42.F (3) For paragraph (2)(m), the matters are the following: (a) maintenance that is specialist maintenance for a Subpart 42.F organisation; (b) ratings for kinds of aircraft, aeronautical products and specialist maintenance; (c) the privileges that apply to an approval rating; (d) requirements for a Subpart 42.F organisation’s exposition; (e) requirements for a Subpart 42.F organisation, including requirements in relation to the following: (i) facilities; (ii) managers; (iii) employees; (iv) employee qualifications; (v) the grant of certification authorisations; (vi) equipment, tools and materials; (vii) maintenance data; (viii) the fabrication of parts in the course of carrying out maintenance; (ix) records; (x) an annual review of the organisation’s compliance with this Part, the Part 42 Manual of Standards and the organisation’s exposition; (xi) a procedure for making changes to the organisation that are not significant changes. Matters for Subpart 42.G (4) For paragraph (2)(n), the matters are the following: (a) requirements for a continuing airworthiness management organisation’s exposition; (b) requirements for a continuing airworthiness management organisation, including requirements in relation to the following: (i) facilities; (ii) managers; (iii) employees; (iv) employee qualifications; (v) equipment; (vi) a quality management system, including auditing; (vii) writing procedures for carrying out maintenance; (viii) instructions for continuing airworthiness; (ix) records; (x) a procedure for making changes to the organisation that are not significant changes. Subpart 42.B—Requirements for registered operators ### Division 42.B.1—Preliminary #### 42.025 Purpose of Subpart This Subpart sets out: (a) requirements relating to the continuing airworthiness of an aircraft that apply to the registered operator of the aircraft; and (b) record‑keeping requirements for the registered operator of an aircraft in relation to authorisations under regulation 42.630. ### Division 42.B.2—Continuing airworthiness requirements #### 42.030 Continuing airworthiness requirements—all aircraft (1) The registered operator of an aircraft commits an offence if: (a) the registered operator operates the aircraft for a flight, or permits it to be operated for a flight; and (b) a requirement mentioned in subregulation (2) is not met for the aircraft before the flight commences. Penalty: 50 penalty units. (2) The requirements are that: (a) the registered operator has ensured that the requirements mentioned in Division 42.C.2 are met for the aircraft; and (b) if maintenance has been carried out on the aircraft since it was last operated for a flight—one of the following documents has been issued for the aircraft in relation to the maintenance: (i) a certificate of release to service; (ii) an equivalent document issued in accordance with an NAA arrangement mentioned in regulation 42.301; and (c) if the aircraft is a large aircraft or an aircraft operating under an AOC: (i) the requirements of regulation 42.040 for the aircraft are met; and (ii) an airworthiness review certificate is in force for the aircraft; and (d) each item of operational or emergency equipment that is not required by the certification basis for the aircraft, but is required by or under these Regulations for the flight, is fitted to the aircraft; and (e) if there is a defect in the aircraft: (i) operation of the aircraft for the flight with the defect is permitted by: (A) the minimum equipment list for the aircraft; or (B) the configuration deviation list for the aircraft; or (C) a special flight permit for the flight; or (ii) the rectification of the defect is deferred in accordance with Subdivision 42.D.6.1; or (iii) the defect is in an item of operational or emergency equipment that: (A) is fitted to the aircraft; and (B) is not required by the certification basis for the aircraft; and (C) is not required by or under these Regulations for the operation of the aircraft for the flight; and (f) the flight technical log for the aircraft records the details of any defect in the aircraft mentioned in subparagraph (e)(i) or (iii). > Note 1: For paragraph (b), under subregulation 42.760(2), a certificate of release to service for an aircraft in relation to maintenance carried out on the aircraft must be included in the flight technical log for the aircraft. > Note 2: For subparagraph (c)(ii), for how long an airworthiness review certificate remains in force, see regulation 42.870. (3) An offence against subregulation (1) is an offence of strict liability. #### 42.035 Condition of AOC—aircraft authorised to operate under AOCs For paragraph 28BA(1)(b) of the Act, it is a condition of an AOC that the requirements of regulation 42.040 are met for each aircraft that is authorised to operate under the AOC. #### 42.040 Aircraft authorised to operate under AOCs and large aircraft must have continuing airworthiness management organisations Aircraft authorised to operate under Australian air transport AOC (1) The registered operator of an aircraft that is authorised to operate under an Australian air transport AOC must be approved by CASA under Subpart 42.G as a continuing airworthiness management organisation for the type and model of aircraft. Aircraft authorised to operate under AOC other than Australian air transport AOC (2) The registered operator of an aircraft that is authorised to operate under an AOC, other than an Australian air transport AOC, must: (a) be approved by CASA under Subpart 42.G as a continuing airworthiness management organisation for the type and model of aircraft; or (b) have a contract with a single continuing airworthiness management organisation for that organisation to ensure that all of the requirements mentioned in Divisions 42.C.2, 42.C.3 and 42.C.4 are met for the aircraft. Large aircraft not authorised to operate under AOC (3) The registered operator of a large aircraft that is not authorised to operate under an AOC must: (a) be approved by CASA under Subpart 42.G as a continuing airworthiness management organisation for the type and model of aircraft; or (b) have a contract with a single continuing airworthiness management organisation for that organisation to ensure that all of the requirements mentioned in Divisions 42.C.2, 42.C.3 and 42.C.4 are met for the aircraft. #### 42.045 Small aircraft not authorised to operate under AOCs may have continuing airworthiness management organisations (1) The registered operator of a small aircraft that is not authorised to operate under an AOC may enter into a contract with a continuing airworthiness management organisation for the organisation to ensure that 1 or more of the requirements mentioned in Divisions 42.C.2, 42.C.3 and 42.C.4 are met for the aircraft. (2) The registered operator must not, at any time, have a contract mentioned in subregulation (1) with more than 1 continuing airworthiness management organisation in relation to the aircraft. #### 42.050 Form of continuing airworthiness management contract—all aircraft (1) If the registered operator of an aircraft enters into a contract with a continuing airworthiness management organisation as mentioned in regulation 42.040 or 42.045, the registered operator must ensure that the contract: (a) is in writing; and (b) includes provisions dealing with the matters mentioned in subregulation (2). Penalty: 50 penalty units. (2) For paragraph (1)(b), the matters are the following: (a) the details of the aircraft covered by the contract, including the registration mark, type, model, and serial number for the aircraft; (b) the registered operator’s name and address; (c) the continuing airworthiness management organisation’s name, address and approval reference number; (d) the matters relating to the continuing airworthiness of the aircraft for which the registered operator is responsible, including the requirements of Subpart 42.C for which the registered operator is responsible; (e) the matters relating to the continuing airworthiness of the aircraft for which the continuing airworthiness management organisation is responsible, including the requirements of Subpart 42.C for which the organisation is responsible; (f) that each party will give the other party information about the continuing airworthiness of the aircraft that relates to the matters mentioned in paragraphs (d) and (e); (g) details of the information to be provided by each party as mentioned in paragraph (f); (h) how the information mentioned in paragraph (f) will be provided by each party; (i) the date of effect of the contract. (3) An offence against subregulation (1) is an offence of strict liability. #### 42.055 Giving information in accordance with contract If: (a) the registered operator of an aircraft enters into a contract with a continuing airworthiness management organisation as mentioned in regulation 42.040 or 42.045; and (b) the registered operator has information about the continuing airworthiness of the aircraft that relates to a matter mentioned in paragraph 42.050(2)(e); the registered operator must give the information to the organisation in accordance with the contract. Penalty: 50 penalty units. > Note: See regulation 42.670 for the requirement for the continuing airworthiness management organisation for an aircraft to give information to the registered operator of the aircraft. #### 42.060 Copy of certain provisions of contract to be given to CASA (1) If the registered operator of an aircraft enters into a contract with a continuing airworthiness management organisation as mentioned in regulation 42.040 or 42.045, the registered operator must give CASA a copy of the provisions of the contract dealing with the matters mentioned in subregulation 42.050(2) within 14 days after the contract has been made. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. #### 42.065 Copy of variation of certain provisions of contract to be given to CASA (1) If: (a) the registered operator of an aircraft enters into a contract with a continuing airworthiness management organisation as mentioned in regulation 42.040 or 42.045; and (b) a provision of the contract dealing with a matter mentioned in subregulation 42.050(2) is varied; the registered operator must give CASA a copy of the varied provision within 14 days after the variation has been made. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. #### 42.070 Notice of termination of contract to be given to CASA (1) If: (a) the registered operator of an aircraft enters into a contract with a continuing airworthiness management organisation as mentioned in regulation 42.040 or 42.045; and (b) the contract is terminated; the registered operator must give CASA written notice of the termination within 14 days after the contract is terminated. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. #### 42.075 Notice of contravention of Part to be given to CASA (1) If: (a) the registered operator of an aircraft enters into a contract with a continuing airworthiness management organisation as mentioned in regulation 42.040 or 42.045; and (b) the registered operator has reasonable grounds to believe that the organisation has contravened a provision of this Part; the registered operator must give CASA written notice of the contravention within 7 days after the registered operator forms the belief that the contravention has occurred. Penalty: 50 penalty units. (2) If the registered operator is an individual, he or she is not excused from giving a notice under subregulation (1) on the ground that the information in the notice might tend to incriminate the individual or expose the individual to a penalty. (3) However: (a) the information in the notice; or (b) any information, document or thing obtained as a direct or indirect consequence of giving the notice; is not admissible in evidence against the individual in criminal proceedings other than proceedings for an offence against subsections 136.1(1) or (4), 137.1(1) or 137.2(1) of the Criminal Code. > Note 1: Subsections 136.1(1) and (4), 137.1(1) and 137.2(1) of the Criminal Code provide for offences in relation to false or misleading statements in applications and false or misleading information or documents. > Note 2: See regulation 42.675 for the equivalent requirement for a continuing airworthiness management organisation. #### 42.080 Maintenance of aircraft and aeronautical products Maintenance carried out on an aircraft (1) The registered operator of an aircraft must ensure that maintenance carried out on the aircraft is carried out by a person who is permitted to carry out the maintenance under regulation 42.295, 42.300 or 42.301. Penalty: 50 penalty units. (2) The registered operator of an aircraft must ensure that a person mentioned in item 4 or 5 of table 42.300 carries out maintenance on the aircraft at a place only if no approved maintenance organisation is able to carry out the maintenance at that place. Penalty: 50 penalty units. Maintenance carried out on an aeronautical product (3) The registered operator of an aircraft must ensure that maintenance carried out on an aeronautical product for the aircraft is carried out by a person who is permitted to carry out the maintenance under regulation 42.305 or 42.306. Penalty: 50 penalty units. (4) An offence against subregulation (1), (2) or (3) is an offence of strict liability. ### Division 42.B.3—Record‑keeping requirements in relation to authorisations under regulation 42.630 #### 42.085 Application of Division This Division applies to the registered operator of an aircraft if, under subregulation 42.660(1), a continuing airworthiness management organisation gives the registered operator a copy of an authorisation issued under regulation 42.630. #### 42.090 Retaining copies of authorisations (1) The registered operator must retain a copy of the authorisation for at least 2 years after the authorisation ceases to be in force. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. #### 42.095 Keeping lists of authorised pilot licence holders and flight engineers (1) The registered operator must, at all times, keep a list, in accordance with subregulation (2), of the pilot licence holders and flight engineers who hold authorisations issued under regulation 42.630 to provide maintenance services for the registered operator’s aircraft. Penalty: 50 penalty units. (2) The list must include the following information for each pilot licence holder and flight engineer: (a) the name of the continuing airworthiness management organisation that issued the authorisation; (b) the name and licence number of the pilot licence holder or flight engineer; (c) the maintenance services that the pilot licence holder or flight engineer is authorised to provide; (d) the period for which the authorisation is valid; (e) the aircraft for which the authorisation is issued. (3) If there is a change to the information mentioned in subregulation (2), the registered operator must update the list within 28 days after the change occurs. Penalty: 50 penalty units. (4) An offence against subregulation (1) or (3) is an offence of strict liability. Subpart 42.C—Continuing airworthiness management—requirements for person responsible for continuing airworthiness for aircraft ### Division 42.C.1—Preliminary #### 42.100 Purpose of Subpart This Subpart sets out requirements relating to the continuing airworthiness of an aircraft that apply to the person responsible for continuing airworthiness for the aircraft. #### 42.105 Meaning of person responsible for continuing airworthiness for aircraft (1) If the registered operator of an aircraft has entered into a contract with a continuing airworthiness management organisation as mentioned in regulation 42.040 or 42.045, the person responsible for continuing airworthiness for the aircraft is: (a) for a requirement of this Subpart for which, under the contract, the registered operator is responsible—the registered operator of the aircraft; and (b) for a requirement of this Subpart for which, under the contract, the organisation is responsible—the organisation. > Note 1: Under regulation 42.050, a contract between the registered operator of an aircraft and a continuing airworthiness management organisation must deal with: (a) the matters relating to the continuing airworthiness of the aircraft for which the registered operator is responsible, including the requirements of this Subpart for which the registered operator is responsible; and (b) the matters relating to the continuing airworthiness of the aircraft for which the continuing airworthiness management organisation is responsible, including the requirements of this Subpart for which the organisation is responsible. > Note 2: Under subregulation 42.040(2), a contract between the registered operator of an aircraft that is authorised to operate under an AOC, other than an Australian air transport AOC, and a continuing airworthiness management organisation must provide that the organisation is to ensure that all of the requirements mentioned in Divisions 42.C.2, 42.C.3 and 42.C.4 are met for the aircraft. > Note 3: Under subregulation 42.040(3), a contract between the registered operator of a large aircraft that is not authorised to operate under an AOC and a continuing airworthiness management organisation must provide that the organisation is to ensure that all of the requirements mentioned in Divisions 42.C.2, 42.C.3 and 42.C.4 are met for the aircraft. > Note 4: Under regulation 42.045, a contract between the registered operator of a small aircraft that is not authorised to operate under an AOC may provide that the organisation is to ensure that 1 or more of the requirements mentioned in Divisions 42.C.2, 42.C.3 and 42.C.4 are met for the aircraft. (2) If subregulation (1) does not apply, the person responsible for continuing airworthiness for an aircraft is the registered operator of the aircraft. ### Division 42.C.2—Continuing airworthiness management tasks #### 42.110 Complying with regulations in this Division (1) The person responsible for continuing airworthiness for an aircraft must comply with each of regulations 42.115 to 42.165 in relation to the aircraft. Penalty: 50 penalty units. (2) An offence against subregulation (1) in relation to any of regulations 42.120 to 42.165 is an offence of strict liability. #### 42.115 Rectification of defect to aircraft before flight—all aircraft (1) If: (a) the person responsible for continuing airworthiness for an aircraft becomes aware that there is a defect in the aircraft; and (b) operation of the aircraft for a flight with the defect is not permitted by: (i) the minimum equipment list for the aircraft; or (ii) the configuration deviation list for the aircraft; or (iii) a special flight permit for the flight; and (c) rectification of the defect is not deferred in accordance with Subdivision 42.D.6.1; the person must ensure that the defect is rectified before the aircraft is next operated for flight. (2) This regulation does not apply in relation to a defect in an item of operational or emergency equipment that: (a) is fitted to the aircraft; and (b) is not required by the certification basis for the aircraft; and (c) is not required by or under these Regulations for operation of the aircraft for the flight. > Note 1: For paragraph (c), see Part 90 and the Part 90 Manual of Standards, regulation 207 of CAR and Civil Aviation Order 20.4, Civil Aviation Order 20.11 and Civil Aviation Order 20.18. > Note 2: See also Division 42.D.6 for other requirements relating to defects. > Note 3: Under regulation 42.110, failure to comply with this regulation is an offence. #### 42.120 Compliance with airworthiness directives—all aircraft If: (a) an airworthiness directive applies to: (i) an aircraft; or (ii) an aeronautical product that is part of, or used in, an aircraft; and (b) the aircraft or aeronautical product is not excluded from the operation of the airworthiness directive under subregulation 39.002(2) or paragraph 39.004(2)(b) or(3)(b); the person responsible for continuing airworthiness for the aircraft must ensure that the requirements mentioned in paragraph 39.002(1)(b), (c) or (d) are complied with in relation to the aircraft or aeronautical product. > Note 1: Paragraph 39.002(1)(b) refers to the requirements of an airworthiness directive, and paragraphs 39.002(1)(c) and (d) refer to the requirements of a means of compliance with the airworthiness directive approved by CASA or an national aviation authority. An airworthiness directive, and a means of compliance with the airworthiness directive approved by CASA or an national aviation authority, will specify when the action required by the airworthiness directive or means of compliance must be carried out. > Note 2: Under regulation 42.110, failure to comply with this regulation is an offence. #### 42.125 Approval of design for modifications or repairs to aircraft—all aircraft (1) The person responsible for continuing airworthiness for an aircraft must ensure that the aircraft is not modified unless: (a) there is a Part 21 approval for the design of the modification; and (b) the modification is compatible with the configuration of the aircraft at the time the modification is made. (2) The person responsible for continuing airworthiness for an aircraft contravenes subregulation (1) if: (a) the aircraft is modified; and (b) either: (i) there is no Part 21 approval for the design of the modification; or (ii) the modification is not compatible with the configuration of the aircraft at the time the modification is made. (3) The person responsible for continuing airworthiness for an aircraft must ensure that a repair that involves a change to the approved design of the aircraft is not made unless: (a) there is a Part 21 approval for the design of the change involved in the repair; and (b) the repair is compatible with the configuration of the aircraft at the time the repair is made. (4) The person responsible for continuing airworthiness for an aircraft contravenes subregulation (3) if: (a) the aircraft is repaired; and (b) the repair involves a change to the approved design for the aircraft; and (c) either: (i) there is no Part 21 approval for the change involved in the repair; or (ii) the repair is not compatible with the configuration of the aircraft at the time the modification is made. > Note: Under regulation 42.110, failure to comply with this regulation is an offence. #### 42.130 Dealing with certain instructions for continuing airworthiness—aircraft authorised to operate under AOCs and large aircraft (1) This regulation applies to the person responsible for continuing airworthiness for an aircraft that is authorised to operate under an AOC or a large aircraft if: (a) an instruction for continuing airworthiness, issued by a person mentioned in subregulation (2), applies to the aircraft, or the aircraft’s engine or propeller; and (b) the instruction requires maintenance to be carried out on the aircraft, aircraft engine or propeller; and (c) the person is not required, by another provision of these Regulations or by an airworthiness directive, to comply with the instruction. > Note: Example: A service bulletin that is not mentioned in an airworthiness directive. (2) For paragraph (1)(a), the persons are the following: (a) the type certificate holder or foreign type certificate holder for the aircraft, aircraft engine or propeller; (b) the supplemental type certificate holder or foreign supplemental type certificate holder for the aircraft, aircraft engine or propeller. (3) The person must, within the time specified in the instruction: (a) ensure that the instruction is complied with; or (b) record, in writing, in the continuing airworthiness records system for the aircraft: (i) information identifying the instruction; and (ii) the reason for not complying with the instruction. > Note: Under regulation 42.110, failure to comply with this regulation is an offence. #### 42.135 Replacement of life limited aeronautical product—all aircraft If: (a) an aeronautical product that has a life limit is fitted to an aircraft; and (b) the aircraft is to be operated for a flight; and (c) the product’s life limit is reached before, or would be reached during, the flight; the person responsible for continuing airworthiness for the aircraft must ensure that the product is replaced before the flight. > Note: Under regulation 42.110, failure to comply with this regulation is an offence. #### 42.140 Approved maintenance program required—aircraft authorised to operate under AOCs and large aircraft The person responsible for continuing airworthiness for an aircraft that is authorised to operate under an AOC or a large aircraft must ensure that there is an approved maintenance program for the aircraft before the aircraft is operated for its first flight on or after the responsibility start date for the person and the aircraft. > Note 1: For the requirements for approval of maintenance programs, including compliance with the requirements specified in the Part 42 Manual of Standards, see Subpart 42.J. > Note 2: Under regulation 42.110, failure to comply with this regulation is an offence. #### 42.145 Compliance with maintenance program required—all aircraft The person responsible for continuing airworthiness for an aircraft must ensure that maintenance is carried out on the aircraft as required by the maintenance program for the aircraft. > Note: Under regulation 42.110, failure to comply with this regulation is an offence. #### 42.150 Updating approved maintenance program following change to instructions for continuing airworthiness (1) This regulation applies to the person responsible for continuing airworthiness for an aircraft if: (a) there is an approved maintenance program for the aircraft; and (b) there is a change to the requirements in the instructions for continuing airworthiness for the aircraft, or an aeronautical product fitted to the aircraft, that relate to maintenance that is required by the instructions to be carried out on a regular basis; and (c) as a result of the change, the program no longer complies with the requirements. (2) The person must, within 90 days after the occurrence of the change: (a) vary the program so that it complies with the requirements; and (b) either: (i) approve the variation in accordance with Division 42.J.4; or (ii) apply for approval of the variation in accordance with Division 42.J.5. > Note: Under regulation 42.110, failure to comply with this regulation is an offence. #### 42.155 Ensuring effectiveness of approved maintenance program using approved reliability programs—certain aircraft (1) The person responsible for continuing airworthiness for an aircraft mentioned in subregulation (2) must ensure that there is an approved reliability program for the aircraft before the aircraft is operated for its first flight on or after the responsibility start date for the person and the aircraft. (2) The aircraft are the following: (a) a large aircraft, if the approved maintenance program for the aircraft: (i) requires the carrying out of maintenance that was developed using the specification, known as ‘ATA MSG‑3’, published by the Air Transport Association of America, as in force from time to time; or (ii) requires condition monitoring of an aeronautical product or a system of the aircraft; (b) an aircraft for which an approval under regulation 121.010 for the purposes of paragraph 121.035(1)(b) is in force; (ba) an aircraft for which an approval under regulation 135.020 for the purposes of subregulation 135.035(1) is in force; (c) an aircraft, if the instructions for continuing airworthiness for the aircraft require the use of a reliability program for the aircraft. > Note 1: The purpose of a reliability program for an aircraft is to ensure the effectiveness of the approved maintenance program for the aircraft in ensuring the continuing airworthiness of the aircraft. > Note 2: For the requirements for approval of reliability programs, including compliance with the requirements specified in the Part 42 Manual of Standards, see Subpart 42.L. > Note 3: Under regulation 42.110, failure to comply with this regulation is an offence. #### 42.160 Ensuring effectiveness of approved maintenance program—other aircraft authorised to operate under AOCs and large aircraft (1) This regulation applies to the person responsible for continuing airworthiness for: (a) a large aircraft to which regulation 42.155 does not apply; or (b) an aircraft: (i) that is authorised to operate under an AOC; and (ii) to which regulation 42.155 does not apply. (2) The person must, at least once every 12 months: (a) analyse the effectiveness of the approved maintenance program for the aircraft in ensuring the continuing airworthiness of the aircraft; and (b) record in writing: (i) the results of the analysis; and (ii) information that substantiates the results of the analysis. (3) If the results of the analysis indicate that the approved maintenance program should be varied, the person must, within 30 days after completing the analysis: (a) approve the variation in accordance with Division 42.J.4; or (b) apply for approval of the variation in accordance with Division 42.J.5. (4) The person must retain a record mentioned in paragraph (2)(b) for 2 years after the record is made. > Note: Under regulation 42.110, failure to comply with this regulation is an offence. #### 42.165 Removal of aeronautical products fitted as permitted by regulation 42.440 If an aeronautical product is fitted to an aircraft as permitted by regulation 42.440, the person responsible for continuing airworthiness for the aircraft must, within 36 flight hours after it is fitted: (a) obtain an authorised release certificate for the product; or (b) ensure that the product is removed from the aircraft. > Note: Under regulation 42.110, failure to comply with this regulation is an offence. ### Division 42.C.3—Continuing airworthiness records—all aircraft #### Subdivision 42.C.3.1—Continuing airworthiness records system #### 42.170 Continuing airworthiness records system The person responsible for continuing airworthiness for an aircraft must, at all times, have a system: (a) that is capable of containing the continuing airworthiness records for the aircraft; and (b) that identifies the aircraft by: (i) its make; and (ii) its type and model designation; and (iii) its registration mark; and (iv) its serial number. Penalty: 50 penalty units. > Note: For how long records must be retained, see regulation 42.260. #### Subdivision 42.C.3.2—Information about aircraft #### 42.175 Requirement to record information (1) The person responsible for continuing airworthiness for an aircraft must comply with each of regulations 42.180 to 42.210 in relation to the aircraft. Penalty: 50 penalty units. (2) If, under any of regulations 42.180 to 42.210, the person is required to ensure that information in relation to the aircraft is recorded, the person must ensure that the information is recorded in writing in the continuing airworthiness records system for the aircraft. Penalty: 50 penalty units. (3) If, under any of regulations 42.180 to 42.210, the person is required to ensure that a record of information in relation to the aircraft is updated, the person must ensure that the record is updated in writing in the continuing airworthiness records system for the aircraft. Penalty: 50 penalty units. (4) An offence against subregulation (1), (2) or (3) is an offence of strict liability. > Note: See regulation 42.1085 for requirements relating to records. #### 42.180 Information about aircraft engines and propellers Required information (1) For this regulation, the following information is the required information for an aircraft engine or propeller: (a) its make; (b) its type and model designation; (c) its serial number. Required information to be recorded before first flight (2) The person responsible for continuing airworthiness for an aircraft must ensure that the required information for each of the aircraft’s engines and propellers is recorded before the aircraft is operated for its first flight on or after the responsibility start date for the person and the aircraft. Required information to be recorded if engine or propeller replaced (3) If, on or after the responsibility start date, an aircraft engine or propeller is replaced, the person must ensure that the required information for the replacement aircraft engine or propeller is recorded before the time mentioned in subregulation (4). (4) The time is the end of 30 days after the day one of the following documents is issued for the aircraft in relation to the maintenance that included the replacement of the engine or propeller: (a) a certificate of release to service; (b) an equivalent document issued in accordance with an NAA arrangement mentioned in regulation 42.301. #### 42.185 Information about empty weight of aircraft Required information (1) For this regulation, the following information is the required information for an aircraft: (a) the empty weight of the aircraft, determined in accordance with the method set out in Civil Aviation Order 100.7; (b) the position of the centre of gravity on the aircraft when the aircraft is in its empty weight configuration, determined in accordance with the method set out in Civil Aviation Order 100.7. Required information to be recorded before first flight (2) The person responsible for continuing airworthiness for an aircraft must ensure that: (a) the required information for the aircraft is recorded; and (b) the record of that information is up to date; before the aircraft is operated for its first flight on or after the responsibility start date for the person and the aircraft (the first flight). Updating record of required information (3) If, after the aircraft is operated for its first flight, there is a change to: (a) the empty weight of the aircraft; or (b) the position of the centre of gravity on the aircraft when the aircraft is in its empty weight configuration; the person must ensure that the record of the required information is updated before the aircraft is next operated for flight. > Note 1: Under subregulation 42.175(1), failure to comply with this regulation is an offence. > Note 2: Under subregulations 42.175(2) and (3), information recorded or updated under this regulation must be recorded and updated in writing in the continuing airworthiness records system for the aircraft. #### 42.190 Information about utilisation of aircraft Required information (1) For this regulation, the required information for an aircraft is information about the utilisation of the aircraft, or of an aeronautical product fitted to the aircraft, that: (a) the person responsible for continuing airworthiness for the aircraft uses in ensuring that a requirement mentioned in regulation 42.120, 42.130, 42.135 or 42.145 is met; and (b) includes the total time‑in‑service of: (i) the aircraft; and (ii) each of the aircraft’s engines; and (iii) each of the aircraft’s propellers. > Note: Example 1: For paragraph (a), for an aircraft > Note: The total number of landings the aircraft has carried out. > Note: Example 2: For paragraph (a), for an aeronautical product fitted to an aircraft > Note: For an aircraft engine, the total number of engine cycles the engine has performed. Required information to be recorded before first flight (2) The person responsible for continuing airworthiness for an aircraft must ensure that: (a) the required information for the aircraft is recorded; and (b) the record of that information is up to date; before the aircraft is operated for its first flight on or after the responsibility start date for the person and the aircraft. Updating record of required information (3) If, on or after the responsibility start date, the aircraft is operated for flight, the person must ensure that the record of the required information for the aircraft is updated before the earlier of the following: (a) when a requirement mentioned in regulation 42.120, 42.130, 42.135 or 42.145 is due to be met; (b) the end of 3 days after the completion of the flight. > Note 1: Under subregulation 42.175(1), failure to comply with this regulation is an offence. > Note 2: Under subregulations 42.175(2) and (3), information recorded or updated under this regulation must be recorded and updated in writing in the continuing airworthiness records system for the aircraft. #### 42.195 Information about compliance with airworthiness directives Required information (1) For this regulation, the following information is the required information for an airworthiness directive that applies to an aircraft, or to an aeronautical product fitted to the aircraft: (a) information identifying the airworthiness directive; (b) if action is required to meet the requirements mentioned in paragraph 39.002(1)(b), (c) or (d) for the airworthiness directive—when the action is due, or next due, to be carried out; (c) if the requirements mentioned in paragraph 39.002(1)(b), (c) or (d) have been met for the airworthiness directive in relation to the aircraft or aeronautical product: (i) when the requirements were last met; and (ii) if the requirements of a means of compliance with the airworthiness directive mentioned in paragraph 39.002(1)(c) or (d) have been met—information identifying that means of compliance; and (iii) if the airworthiness directive applies to an aeronautical product—the part and serial number (if any) for the product. Required information to be recorded before first flight—applicable airworthiness directives (2) The person responsible for continuing airworthiness for an aircraft must ensure that the information mentioned in subregulation (3) is recorded before the aircraft is operated for its first flight on or after the responsibility start date for the person and the aircraft. (3) The information is the required information for each airworthiness directive that, immediately before the responsibility start date, applied to the aircraft or an aeronautical product fitted to the aircraft. Required information to be recorded—airworthiness directives that become applicable (4) If, on or after the responsibility start date, an airworthiness directive becomes applicable to the aircraft, or to an aeronautical product fitted to the aircraft, the person must ensure that the required information for the airworthiness directive is recorded before the earlier of the following: (a) when action is due to be carried out to meet the requirements mentioned in paragraph 39.002(1)(b), (c) or (d) for the airworthiness directive; (b) the end of 30 days after the airworthiness directive becomes applicable to the aircraft or the aeronautical product. Updating record of required information (5) If, on or after the responsibility start date, action is carried out to meet the requirements mentioned in paragraph 39.002(1)(b), (c) or (d) for an airworthiness directive that applies to the aircraft, or to an aeronautical product fitted to the aircraft, the person must comply with subregulation (6). (6) The person must ensure that the record of the required information for the airworthiness directive is updated before the earlier of the following: (a) when action is next due to be carried out to meet the requirements mentioned in paragraph 39.002(1)(b), (c) or (d) for the airworthiness directive (if applicable); (b) the end of 30 days after the day the action is carried out. > Note 1: Under subregulation 42.175(1), failure to comply with this regulation is an offence. > Note 2: Under subregulations 42.175(2) and (3), information recorded or updated under this regulation must be recorded and updated in writing in the continuing airworthiness records system for the aircraft. #### 42.200 Information about compliance with maintenance program Required information (1) For this regulation, the following information is the required information for maintenance that is required by the aircraft’s maintenance program to be carried out on the aircraft or on an aeronautical product fitted to the aircraft: (a) information identifying the maintenance; (b) the interval at which the maintenance is required by the aircraft’s maintenance program to be carried out; (c) if the maintenance relates to an aeronautical product—the part and serial number (if any) for the product; (d) if the maintenance has been carried out—when the maintenance was carried out; (e) when the maintenance is next due to be carried out. (2) However, the required information mentioned in subregulation (1) does not include information mentioned in subregulation 42.195(1). Required information to be recorded before first flight (3) The person responsible for continuing airworthiness for an aircraft must ensure that: (a) the required information for the maintenance is recorded; and (b) the record of that information is up to date; before the aircraft is operated for its first flight on or after the responsibility start date for the person and the aircraft (the first flight). Required information to be updated if maintenance carried out (4) If, after the aircraft is operated for its first flight, the maintenance is carried out on the aircraft or on the aeronautical product, the person must ensure that the record is updated before the earlier of the following: (a) when maintenance is next due to be carried out on the aircraft, or on an aeronautical product fitted to the aircraft, to comply with regulation 42.145; (b) the end of 30 days after one of the following documents is issued for the aircraft in relation to the maintenance: (i) a certificate of release to service; (ii) an equivalent document issued in accordance with an NAA arrangement mentioned in regulation 42.301. Required information to be updated if maintenance program changed (5) If, after the aircraft is operated for its first flight, there is a change to the aircraft’s maintenance program in relation to the maintenance, the person must ensure that the record of the required information for the maintenance is updated before the earlier of the following: (a) when maintenance is due to be carried out on the aircraft, or on an aeronautical product fitted to the aircraft, to comply with regulation 42.145; (b) the end of 30 days after the change is made. Required information to be updated if aeronautical product fitted (6) If: (a) the maintenance relates to an aeronautical product; and (b) after the aircraft is operated for its first flight, the aeronautical product is fitted to the aircraft; the person must ensure that the record is updated before the time mentioned in subregulation (7). (7) The time is the earlier of the following: (a) when maintenance is due to be carried out on the aircraft, or on an aeronautical product fitted to the aircraft, to comply with regulation 42.145; (b) the end of 30 days after one of the following documents is issued for the aircraft in relation to the maintenance that included the fitting of the aeronautical product: (i) a certificate of release to service; (ii) an equivalent document issued in accordance with an NAA arrangement mentioned in regulation 42.301. > Note 1: Under subregulation 42.175(1), failure to comply with this regulation is an offence. > Note 2: Under subregulations 42.175(2) and (3), information recorded or updated under this regulation must be recorded and updated in writing in the continuing airworthiness records system for the aircraft. #### 42.205 Information about modifications Required information (1) For this regulation, the following information is the required information for a modification made to an aircraft or to an aeronautical product fitted to the aircraft: (a) a description of the modification; (b) a reference to the design data used for the modification; (c) when the modification is made; (d) if the modification relates to an aeronautical product—the part and serial number (if any) for the product. Required information to be recorded before first flight (2) The person responsible for continuing airworthiness for an aircraft must ensure that the information mentioned in subregulation (3) is recorded before the aircraft is operated for its first flight on or after the responsibility start date for the person and the aircraft. (3) The information is the required information for each modification that was made, before the responsibility start date, to the aircraft or an aeronautical product fitted to the aircraft. Required information to be recorded for subsequent modifications (4) If, on or after the responsibility start date, a modification is made to the aircraft or to an aeronautical product fitted to the aircraft, the person must ensure that the required information for the modification is recorded before the time mentioned in subregulation (5). (5) The time is the end of 30 days after one of the following documents is issued for the aircraft in relation to the maintenance that included the modification: (a) a certificate of release to service; (b) an equivalent document issued in accordance with an NAA arrangement mentioned in regulation 42.301. #### 42.210 Information about aeronautical products with life limit Required information (1) For this regulation, the following information is the required information for an aeronautical product that is fitted to an aircraft and that has a life limit: (a) details that identify the aeronautical product, including its part and serial number (if any); (b) the life limit for the aeronautical product; (c) when the aeronautical product is due to be removed from the aircraft. Required information to be recorded before first flight (2) The person responsible for continuing airworthiness for an aircraft must ensure that the information mentioned in subregulation (3) is recorded before the aircraft is operated for its first flight on or after the responsibility start date for the person and the aircraft. (3) The information is the required information for an aeronautical product that, immediately before the responsibility start date: (a) was fitted to the aircraft; and (b) had a life limit. Required information to be recorded for aeronautical products fitted on or after responsibility start date (4) If, on or after the responsibility start date, an aeronautical product that has a life limit is fitted to the aircraft, the person must ensure that the required information for the product is recorded before the earlier of the following: (a) the time that the product reaches its life limit; (b) the end of 30 days after one of the following documents is issued for the aircraft in relation to the maintenance that included the fitting of the product to the aircraft: (i) a certificate of release to service; (ii) an equivalent document issued in accordance with an NAA arrangement mentioned in regulation 42.301. Required information to be recorded if life limit becomes applicable on or after responsibility start date (5) If, on or after the responsibility start date, a life limit becomes applicable to an aeronautical product fitted to the aircraft, the person must ensure that the required information for the product is recorded before the earlier of the following: (a) the time that the product reaches its life limit; (b) the end of 30 days after the life limit becomes applicable to the product. Updating record of required information (6) If, on or after the responsibility start date, there is a change to the life limit for an aeronautical product fitted to the aircraft, the person must ensure that the record of the required information for the product is updated before the earlier of the following: (a) the time that the product reaches its life limit; (b) the end of 30 days after the change is made. > Note 1: Under subregulation 42.175(1), failure to comply with this regulation is an offence. > Note 2: Under subregulations 42.175(2) and (3), information recorded or updated under this regulation must be recorded and updated in writing in the continuing airworthiness records system for the aircraft. #### Subdivision 42.C.3.3—Substantiating documents #### 42.215 Substantiating documents (1) The person responsible for continuing airworthiness for an aircraft must keep documents that substantiate the information recorded under regulations 42.180, 42.185, 42.190, 42.195, 42.200, 42.205 and 42.210 for the aircraft. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. > Note: For how long substantiating documents must be retained, see regulation 42.260. #### Subdivision 42.C.3.4—Flight technical log #### 42.220 Flight technical log (1) The person responsible for continuing airworthiness for an aircraft must, at all times, have a log for the aircraft that: (a) includes details identifying the aircraft, including the type, model and registration mark for the aircraft; and (b) is capable of containing the documents and information for the aircraft that, under this Part, are required to be included in the log. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. > Note 1: Under paragraph 42.030(2)(e), before an aircraft undertakes a flight, the flight technical log for an aircraft must record the details of any item of operational or emergency equipment that is fitted to the aircraft and is unserviceable. > Note 2: Under regulation 42.230, if the person responsible for continuing airworthiness for an aircraft is not a continuing airworthiness management organisation, and CASA has not, under regulation 42.235, approved another means of recording the required information for the aircraft (within the meaning given by subregulation 42.230(2)), the person must ensure that that information is recorded and updated in the flight technical log for the aircraft. > Note 3: Under regulation 42.370, a qualified individual must enter information relating to the deferral of the rectification of a defect in an aircraft in the flight technical log for the aircraft if the defect affects the operation of the aircraft. > Note 4: Under paragraph 42.440(g) an entry mentioned in that paragraph must be made in the flight technical log for an aircraft if a part is fitted to the aircraft as permitted by regulation 42.440. > Note 5: Under subregulation 42.760(2), a certificate of release to service for an aircraft in relation to maintenance carried out on the aircraft must be included in the flight technical log for the aircraft. > Note 6: Under subregulation 42.1075(1), the pilot in command of an aircraft for a flight must ensure that the information mentioned in that subregulation for the flight is recorded in the flight technical log for the aircraft. > Note 7: Under regulation 42.245, the person responsible for continuing airworthiness for the aircraft must ensure that the aircraft’s flight technical log is capable of containing the information mentioned in regulation 42.190 for each flight for the aircraft if CASA has not, under regulation 42.250, approved another means of recording the information. > Note 8: Under subregulation 42.1075(2), the pilot in command of an aircraft for a flight must record the information mentioned in regulation 42.190 for the flight in the aircraft’s flight technical log if the log is capable of containing the information. #### 42.225 Availability of flight technical log (1) The person responsible for continuing airworthiness for an aircraft must ensure that the flight technical log for the aircraft is available to a person who is the pilot in command of the aircraft while the person is the pilot in command of the aircraft. Penalty: 50 penalty units. (2) The person must ensure that the flight technical log for the aircraft is available to a person who is carrying out maintenance on the aircraft while the person is carrying out the maintenance. Penalty: 50 penalty units. (3) An offence against subregulation (1) or (2) is an offence of strict liability. #### Subdivision 42.C.3.5—Recording next maintenance due to be carried out #### 42.230 Recording details of next maintenance due to be carried out in flight technical log When this regulation applies (1) This regulation applies if: (a) the person responsible for continuing airworthiness for an aircraft is not a continuing airworthiness management organisation; and (b) CASA has not, under regulation 42.235, approved another means of recording the required information for the aircraft. > Note: If the person responsible for continuing airworthiness for an aircraft is a continuing airworthiness management organisation, the person is required to record the required information for the aircraft in the continuing airworthiness records for the aircraft—see regulation 42.200. Required information (2) For this regulation, the required information for an aircraft at a particular time is: (a) information identifying the next maintenance that is due to be carried out on the aircraft in accordance with the aircraft’s maintenance program; and (b) when the maintenance is due to be carried out. Information to be recorded before first flight (3) The person must ensure that the required information for the aircraft is recorded in the aircraft’s flight technical log before the aircraft is operated for its first flight on or after the responsibility start date for the person and the aircraft (the first flight). Penalty: 50 penalty units. Updating record of required information (4) If, after the first flight, maintenance is carried out on the aircraft in accordance with the aircraft’s maintenance program, the person must ensure that the record of the required information for the aircraft is updated in the aircraft’s flight technical log before the aircraft is next operated for flight. Penalty: 50 penalty units. (5) An offence against subregulation (3) or (4) is an offence of strict liability. #### 42.235 Approval of another means of recording next maintenance due to be carried out (1) If the person responsible for continuing airworthiness for an aircraft is not a continuing airworthiness management organisation, the person may apply, in writing, to CASA for approval of: (a) a means, other than a flight technical log, of recording the required information for the aircraft (within the meaning given by subregulation 42.230(2)) for the purpose of informing the aircraft’s flight crew of the required information; and (b) the time within which the required information must be recorded by the other means. (2) Subject to regulation 11.055, CASA must approve the means if CASA is satisfied that the means is at least as reliable a means of recording the required information for the aircraft as the use of the flight technical log. > Note 1: See Part 11 for other matters relating to applications and decisions. > Note 2: Under regulation 201.004, an application may be made to the Administrative Review Tribunal for review of: (a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or (b) a decision imposing a condition on an approval. #### 42.240 Recording details of next maintenance due to be carried out by approved other means (1) If: (a) the person responsible for continuing airworthiness for an aircraft is not a continuing airworthiness management organisation; and (b) CASA has, under regulation 42.235, approved: (i) another means of recording the required information for the aircraft (within the meaning given by subregulation 42.230(2)); and (ii) the time within which the required information must be recorded by the other means; the person must ensure that the required information for the aircraft is recorded in accordance with the approval. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. #### Subdivision 42.C.3.6—Recording utilisation information #### 42.245 Ensuring flight technical log can contain utilisation information mentioned in regulation 42.190 for each flight if another means not approved (1) If CASA has not, under regulation 42.250, approved: (a) another means of recording the information mentioned in regulation 42.190 for each flight for an aircraft; and (b) the time within which the information must be recorded by the other means; the person responsible for continuing airworthiness for the aircraft must ensure that the aircraft’s flight technical log is capable of containing the information. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. > Note: Under subregulation 42.1075(2), the pilot in command of an aircraft for a flight must record the information mentioned in regulation 42.190 for the flight in the aircraft’s flight technical log if the log is capable of containing the information. #### 42.250 Approval of another means of recording utilisation information mentioned in regulation 42.190 for each flight (1) The person responsible for continuing airworthiness for an aircraft may apply, in writing, to CASA for approval of: (a) a means, other than a flight technical log, for recording the information mentioned in regulation 42.190 for each flight for the aircraft; and (b) the time within which the information must be recorded by the other means. (2) Subject to regulation 11.055, CASA must approve the means if CASA is satisfied that the means is at least as reliable a means of recording the information as the use of the flight technical log. > Note 1: See Part 11 for other matters relating to applications and decisions. > Note 2: Under regulation 201.004, an application may be made to the Administrative Review Tribunal for review of: (a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or (b) a decision imposing a condition on an approval. #### 42.255 Recording utilisation information mentioned in regulation 42.190 for each flight by approved other means (1) If CASA has, under regulation 42.250, approved: (a) another means of recording the information mentioned in regulation 42.190 for each flight for an aircraft; and (b) the time within which the information must be recorded by the other means; the person responsible for continuing airworthiness for the aircraft must ensure that the information is recorded in accordance with the approval. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. #### Subdivision 42.C.3.7—Retention and transfer of records #### 42.260 Retention of continuing airworthiness records (1) The person responsible for continuing airworthiness for an aircraft must retain a record or document mentioned in an item of the following table for the period: (a) starting on: (i) if the person created the record or document, and is the person responsible for continuing airworthiness for the aircraft on the creation date for the record or document—the creation date for the record or document; or (ii) if the person did not create the record or document, and is the person responsible for continuing airworthiness for the aircraft on the creation date for the record or document—the date that the person receives the record or document; or (iii) if the person is not the person responsible for continuing airworthiness for the aircraft on the creation date for the record or document—the date the person receives the continuing airworthiness records for the aircraft under regulation 42.265; and (b) ending on the first‑occurring of the following: (i) the end date (if any) mentioned in the item; (ii) the date the person gives the records to the person who becomes the person responsible for continuing airworthiness for the aircraft under regulation 42.265. | Item | Record or document | End date | | ---- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | | 1 | A document kept under regulation 42.215 for the aircraft | The date that the information substantiated by the document is superseded by other information | | 2 | A copy of a maintenance record, that is not covered by item 1, for maintenance carried out on the aircraft | 1 year after the creation date for the maintenance record | | 3 | A copy of a document that:(a) is equivalent to a maintenance record for maintenance carried out on the aircraft; and(b) is issued under a law of a foreign country; and(c) is not covered by item 1 | 1 year after the creation date for the document | | 4 | A certificate of release to service, or an equivalent document issued in accordance with an NAA arrangement mentioned in regulation 42.301, for the aircraft in relation to maintenance carried out on the aircraft | The later of the following:(a) 1 year after the date of issue of the certificate or equivalent document;(b) the date a certificate of release to service or equivalent document is next issued for the aircraft in relation to maintenance carried out on the aircraft | | 5 | A record of information:(a) that is made in the flight technical log for an aircraft in accordance with this Part; and(b) that is not covered by item 1, 2 or 4 | 1 year after the creation date for the record | | 6 | A copy of the design of a modification or repair that is unique to the aircraft | — | Penalty: 50 penalty units. > Note: Example 1: For item 1, an authorised release certificate for an aeronautical product that is fitted to an aircraft must be kept until the date the aeronautical product is removed from the aircraft. > Note: Example 2: For item 1, an in‑house release document for an aeronautical product that is fitted to an aircraft must be kept until the date the aeronautical product is removed from the aircraft. > Note: Example 3: For item 1, a document mentioned in paragraph 42.440(e) for an aeronautical product fitted to an aircraft as permitted by regulation 42.440 must be kept until the date the aeronautical product is removed from the aircraft. > Note: Example 4: For item 1, a document that substantiates the empty weight of the aircraft and the centre of gravity position on the aircraft at its empty weight configuration must be kept until the date that the aircraft is next weighed and its empty weight, and its centre of gravity in its empty weight configuration, is determined. > Note: For item 5, see the notes to regulation 42.220. (2) In this regulation: > creation date means: (a) for a record of information—the date the record is made; and (b) for a document—the date the document is created. (3) An offence against subregulation (1) is an offence of strict liability. #### 42.265 Transfer of continuing airworthiness records for aircraft (1) This regulation applies if: (a) a person (the first person) ceases to be the person responsible for continuing airworthiness for an aircraft; and (b) another person (the second person) becomes the person responsible for continuing airworthiness for the aircraft. (2) Within 30 days after the first person ceases to be the person responsible for continuing airworthiness for the aircraft, the first person must give the continuing airworthiness records for the aircraft to the second person. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. ### Division 42.C.4—Major defects—reporting and investigating #### 42.270 Reporting major defects—all aircraft (1) If the person responsible for continuing airworthiness for an aircraft becomes aware of a major defect in the aircraft, the person must, within 2 days after becoming aware of the defect, report the defect, in accordance with subregulation (2), to: (a) CASA; and (b) if the defect does not relate to a modification mentioned in paragraph (c), (d), (e) or (f)—the type certificate holder or foreign type certificate holder for the aircraft; and (c) if the defect relates to a modification made to the aircraft that is covered by a supplemental type certificate for the aircraft—the supplemental type certificate holder or foreign supplemental type certificate holder for the aircraft; and (d) if the defect relates to a part produced in accordance with an Australian Parts Manufacturer Approval—the holder of the Australian Parts Manufacturer Approval; and (e) if the defect relates to a part produced in accordance with a Parts Manufacturer Approval issued by the FAA—the holder of the Parts Manufacturer Approval; and (ea) if the defect relates to a part produced in accordance with a parts manufacturer approval issued by a national aviation authority to which subregulation (1A) applies—the holder of the approval; and (f) if the defect relates to a modification made in accordance with a design covered by any of the following approvals—the holder of the approval: (i) a modification/repair design approval; (ii) an approval mentioned in regulation 21.475; (iii) an approval that continues in force under regulation 202.054, 202.055 or 202.056. Penalty: 50 penalty units. (1A) For paragraph (1)(ea), 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. (2) The report must be made: (a) in writing; and (b) in the approved form. > Note: Under regulation 11.018, a report in the approved form is not complete unless it contains all of the information required by the form. (3) It is a defence to a prosecution under subregulation (1) that relates to a failure to report a defect to the holder of an approval mentioned in subparagraph (1)(f)(iii) that the defendant: (a) made all reasonable efforts to identify the holder of the approval; and (b) was unable to identify the holder. > Note 1: A defendant bears an evidential burden in relation to the matters mentioned in subregulation (3) (see subsection 13.3(3) of the Criminal Code). > Note 2: See also Division 42.D.6 for other requirements relating to defects. #### 42.275 Investigating major defects—large aircraft and aircraft authorised to operate under AOC If the person responsible for continuing airworthiness for a large aircraft or an aircraft that is authorised to operate under an AOC becomes aware of a major defect in the aircraft, the person must: (a) investigate the cause of the defect; and (b) give CASA a report containing the findings of the investigation within 14 days after completing the investigation. Penalty: 50 penalty units. > Note: See also Division 42.D.6 for other requirements relating to defects. #### 42.280 Action by CASA following report of major defect (1) If CASA receives a report about a major defect under regulation 42.270, CASA may, by notice in writing, require the person who made the report: (a) to give CASA further information in relation to the major defect within a period specified in the notice; or (b) to keep the aircraft, or the part of the aircraft that is defective, in a state that will allow CASA to investigate the defect; or (c) to give to CASA any document, aeronautical product or other thing in the possession, or under the control, of the person that relates to the defect. (2) The person must comply with the notice. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. #### 42.285 Action by certificate holder or approval holder following report of major defect (1) If a person mentioned in paragraph 42.270(1)(b), (c), (d), (e) or (f) (the first person) receives a report about a major defect under regulation 42.270, the first person may, by notice in writing, require the person who made the report (the second person) to give the first person further information in relation to the major defect. (2) The notice must specify the period within which the further information must be provided. (3) The period specified in the notice must be at least 14 days from the date of the request. (4) The second person must comply with the notice. Penalty: 50 penalty units. (5) An offence against subregulation (4) is an offence of strict liability. Subpart 42.D—Maintenance ### Division 42.D.1—Preliminary #### 42.290 Purpose of Subpart This Subpart sets out: (a) who is permitted to carry out maintenance; and (b) requirements for carrying out maintenance on an aircraft or an aeronautical product; and (c) requirements for critical control system maintenance; and (d) requirements for dealing with defects; and (e) requirements for making and keeping records for an approved maintenance organisation or independent maintainer who carries out maintenance on an aircraft or aeronautical product. ### Division 42.D.2—Permissions for section 20AB of Act—aircraft #### 42.295 Who is permitted to carry out maintenance on aircraft—approved maintenance organisations For subsection 20AB(2) of the Act, a person mentioned in column 2 of an item in the following table is permitted to carry out maintenance on an Australian aircraft: (a) to which this Part applies; and (b) that is mentioned in column 3 of the item. | Item | Person | Aircraft | | ---- | ------------------------------------------------------------------------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | | 1 | A Part 145 organisation | An aircraft of a kind for which the Part 145 organisation is approved to provide maintenance services | | 2 | An individual carrying out maintenance on behalf of a Part 145 organisation | An aircraft for which the Part 145 organisation is providing maintenance services | | 3 | A Subpart 42.F organisation | A small aircraft:(a) that is not authorised to operate under an Australian air transport AOC; and(b) that is of a kind for which the Subpart 42.F organisation is approved to provide maintenance services | | 4 | An individual carrying out maintenance on behalf of a Subpart 42.F organisation | An aircraft for which the Subpart 42.F organisation is providing maintenance services | > Note 1: The kinds of aircraft for which a Part 145 organisation is approved to provide maintenance services are determined by CASA—see regulation 145.030. > Note 2: The kinds of aircraft for which a Subpart 42.F organisation is approved to provide maintenance services are determined by CASA—see regulation 42.515. #### 42.300 Who is permitted to carry out maintenance on aircraft—individuals not working for approved maintenance organisations (1) For subsection 20AB(2) of the Act: (a) an individual mentioned in column 2 of an item in table 42.300 is permitted to carry out maintenance on an Australian aircraft: (i) to which this Part applies; and (ii) that is mentioned in column 3 of the item; and (b) the individual is permitted to carry out the maintenance subject to the conditions mentioned in column 4 of the item. (2) However, an individual mentioned in item 2, 3, 4 or 5 of table 42.300 is not permitted to supervise the carrying out of maintenance by another individual. Table 42.300 Individuals, not working for approved maintenance organisations, permitted to carry out maintenance on aircraft | Item | Individual | Aircraft | Conditions | | ---- | ---------------------------------------------------------------------------------------------------------------------------------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | | 1 | A licensed aircraft maintenance engineer | An aircraft:(a) that is a small aircraft; and(b) that is not authorised to operate under an AOC | The conditions are that:(a) the person’s aircraft engineer licence permits him or her to perform maintenance certification for the maintenance; and(b) the maintenance is not specified in the Part 42 Manual of Standards for this item | | 2 | An individual who is carrying out maintenance under the supervision of an individual mentioned in item 1 | An aircraft for which the individual mentioned in item 1 is providing maintenance services | | | 3 | A pilot licence holder who is carrying out maintenance other than under an authorisation issued under regulation 42.630 that is in force | An aircraft:(a) that is a small aircraft; and(b) that is not authorised to operate under an AOC; and(c) that the pilot licence holder is authorised, under Part 61, to fly | The conditions are that:(a) the maintenance is specified in the Part 42 Manual of Standards for this item; and(b) either:(i) the pilot licence holder is the registered operator of the aircraft; or(ii) the registered operator of the aircraft has given the pilot licence holder permission to carry out the maintenance | | 4 | A pilot licence holder who is carrying out maintenance under an authorisation issued under regulation 42.630 that is in force | An aircraft:(a) that is a large aircraft, or is authorised to operate under an AOC; and(b) that the pilot licence holder is authorised, under Part 61, to fly | The conditions are that:(a) the pilot licence holder is a member of the aircraft’s flight crew; and(b) the maintenance is specified in the Part 42 Manual of Standards for this item | | 5 | A flight engineer who is carrying out maintenance under an authorisation issued under regulation 42.630 that is in force | An aircraft:(a) that is a large aircraft, or is authorised to operate under an AOC; and(b) in relation to which the flight engineer is authorised, under Part 61, to perform the duties of flight engineer | The conditions are that:(a) the flight engineer is a member of the aircraft’s flight crew; and(b) the maintenance is specified in the Part 42 Manual of Standards for this item | > Note 1: For item 2, under regulation 42.320, an independent maintainer who is supervising the carrying out of maintenance by another individual must not instruct or permit the individual to carry out maintenance that the independent maintainer is not permitted to carry out. > Note 2: For items 4 and 5, under subregulation 42.080(2), the registered operator of an aircraft must ensure that a person mentioned in item 4 or 5 carries out maintenance on the aircraft at a place only if no approved maintenance organisation is able to carry out the maintenance at that place > Note 3: For items 4 and 5, an authorisation under regulation 42.630 must include the maintenance services that the pilot licence holder or flight engineer is authorised to provide—see paragraph 42.630(3)(c). #### 42.301 Who is permitted to carry out maintenance—organisations under NAA arrangement (1) For subsection 20AB(2) of the Act, an organisation is permitted to carry out maintenance outside Australian territory on an Australian aircraft to which this Part applies if: (a) the organisation is approved to carry out the maintenance by the national aviation authority of a foreign country under a law of that country; and (b) the country is specified for this regulation in the Part 42 Manual of Standards; and (c) there is an arrangement (the NAA arrangement) between CASA and the national aviation authority, or Australia and the foreign country, that permits the organisation to carry out the maintenance. (2) The permission in subregulation (1) is subject to the condition that the organisation must carry out and certify the maintenance in accordance with the NAA arrangement. ### Division 42.D.3—Permissions for section 20AB of Act—aeronautical products #### 42.305 Who is permitted to carry out maintenance on aeronautical products For subsection 20AB(2) of the Act, a person mentioned in column 2 of an item in the following table is permitted to carry out maintenance on: (a) an aeronautical product in Australian territory: (i) to which this Part applies; and (ii) that is of the kind mentioned in column 3 of the item; and (b) an aeronautical product for an Australian aircraft: (i) to which this Part applies; and (ii) that is of the kind mentioned in column 3 of the item. | Item | Person | Aeronautical product | | ---- | ------------------------------------------------------------------------------- | --------------------------------------------------------------------------------------------------------------------- | | 1 | A Part 145 organisation | An aeronautical product of a kind for which the Part 145 organisation is approved to provide maintenance services | | 2 | An individual carrying out maintenance on behalf of a Part 145 organisation | An aeronautical product for which the Part 145 organisation is providing maintenance services | | 3 | A Subpart 42.F organisation | An aeronautical product of a kind for which the Subpart 42.F organisation is approved to provide maintenance services | | 4 | An individual carrying out maintenance on behalf of a Subpart 42.F organisation | An aeronautical product for which the Subpart 42.F organisation is providing maintenance services | > Note 1: The kinds of aeronautical products for which a Part 145 organisation is approved to provide maintenance services are determined by CASA—see regulation 145.030. > Note 2: The kinds of aeronautical products for which a Subpart 42.F organisation is approved to provide maintenance services are determined by CASA—see regulation 42.515. #### 42.306 Who is permitted to carry out maintenance on aeronautical products—foreign organisations approved by national aviation authority (1) For subsection 20AB(2) of the Act, an organisation is permitted to carry out maintenance outside Australian territory on an aeronautical product for an Australian aircraft to which this Part applies if: (a) the organisation is approved to carry out the maintenance by the national aviation authority of a foreign country under a law of that country; and (b) the country is specified for this regulation in the Part 42 Manual of Standards. (2) The permission in subregulation (1) is subject to the condition that the organisation must carry out and certify the maintenance: (a) if there is an arrangement (the NAA arrangement) between CASA and the national aviation authority that permits the organisation to carry out the maintenance—in accordance with the NAA arrangement; or (b) otherwise—in accordance with the law of the foreign country. ### Division 42.D.4—Requirements for carrying out maintenance #### 42.310 General requirements for carrying out maintenance Obligation (1) If an individual carries out maintenance on an aircraft or on an aeronautical product, the individual must: (a) carry out the maintenance: (i) in accordance with current maintenance data for the maintenance; and (ii) using facilities that are appropriate for carrying out maintenance of the kind that is being carried out; and (b) if tools, equipment or materials are mentioned in the maintenance data for the maintenance—use those tools, equipment or materials; and (c) if using measuring or testing equipment—ensure that the accuracy of the equipment: (i) is appropriate for the maintenance; and (ii) has been verified, at appropriate intervals, by a means that is traceable to a standard that is nationally or internationally recognised. > Note: Example: For subparagraph (c)(ii), of a standard that is nationally recognised > Note: A standard maintained by the National Measurement Institute—see http://www.measurement.gov.au. Offence—approved maintenance organisation (2) An approved maintenance organisation must ensure that an individual who carries out maintenance on its behalf complies with subregulation (1). Penalty: 50 penalty units. Offences—independent maintainer (3) An independent maintainer must comply with subregulation (1) when carrying out maintenance on an aircraft. Penalty: 50 penalty units. (4) If an independent maintainer is supervising the carrying out of maintenance on an aircraft by another individual, the independent maintainer must ensure that the individual complies with subregulation (1). Penalty: 50 penalty units. > Note: A person mentioned in item 1 of table 42.300 is the only independent maintainer who is permitted to supervise the carrying out of maintenance by another individual—see subregulation 42.300(2). #### 42.315 Ensuring individuals are competent to carry out maintenance Meaning of competent (1) An individual is competent to carry out maintenance on an aircraft or aeronautical product if he or she has the skills and knowledge to carry out the maintenance to the standard required by the maintenance data for the maintenance. Obligation for approved maintenance organisation (2) An approved maintenance organisation must ensure that an individual does not carry out maintenance on an aircraft or aeronautical product on behalf of the organisation unless: (a) the organisation has assessed the individual as being competent to carry out the maintenance; or (b) if the organisation has not assessed the individual as being competent to carry out the maintenance—the carrying out of the maintenance by the individual is supervised by an individual that the organisation has assessed as being competent to carry out the maintenance. Offences for breach of obligation (3) An approved maintenance organisation commits an offence if: (a) an individual carries out maintenance on an aircraft or aeronautical product on behalf of the organisation; and (b) before the maintenance is carried out, the organisation has not assessed the individual as being competent to carry out the maintenance; and (c) the carrying out of the maintenance by the individual is not supervised. Penalty: 50 penalty units. (4) An approved maintenance organisation commits an offence if: (a) an individual carries out maintenance on an aircraft or aeronautical product on behalf of the organisation; and (b) before the maintenance is carried out, the organisation has not assessed the individual as being competent to carry out the maintenance; and (c) the carrying out of the maintenance by the individual is supervised; and (d) before the maintenance is carried out, the organisation has not assessed the individual who supervised the carrying out of the maintenance as being competent to carry out the maintenance. Penalty: 50 penalty units. Obligation for certain independent maintainers (5) An independent maintainer mentioned in item 1 or 3 of table 42.300 must not carry out maintenance on an aircraft unless the independent maintainer is competent to carry out the maintenance. (6) An independent maintainer must not supervise the carrying out of maintenance on an aircraft by another individual unless the independent maintainer is competent to carry out the maintenance. > Note 1: The competence of an independent maintainer mentioned in item 4 or 5 of table 42.300 to carry out maintenance is dealt with by a continuing airworthiness management organisation—see paragraph 42.630(2)(e). > Note 2: A person mentioned in item 1 of table 42.300 is the only independent maintainer who is permitted to supervise the carrying out of maintenance by another individual—see subregulation 42.300(2). Offences for breach of obligation (7) An independent maintainer mentioned in item 1 or 3 of table 42.300 commits an offence if: (a) he or she carries out maintenance on an aircraft; and (b) he or she is not competent to carry out the maintenance. Penalty: 50 penalty units. (8) An independent maintainer commits an offence if: (a) the independent maintainer supervises the carrying out of maintenance on an aircraft by another individual; and (b) the independent maintainer is not competent to carry out the maintenance. Penalty: 50 penalty units. #### 42.320 Restriction on maintenance that independent maintainers may instruct or permit supervised individuals to carry out (1) An independent maintainer who is supervising the carrying out of maintenance by another individual must not instruct or permit the individual to carry out maintenance that the independent maintainer is not permitted to carry out. Penalty: 50 penalty units. > Note: A person mentioned in item 1 of table 42.300 is the only independent maintainer who is permitted to supervise the carrying out of maintenance by another individual—see subregulation 42.300(2). (2) An offence against subregulation (1) is an offence of strict liability. #### 42.325 Maintenance involving modifications and certain repairs Obligation (1) This regulation applies if an individual carries out maintenance on an aircraft or aeronautical product that involves: (a) making a modification to the aircraft or aeronautical product; or (b) a repair of the aircraft or aeronautical product that involves a change to the approved design for the aircraft or aeronautical product. (2) Before a certificate of release to service is issued for the aircraft or aeronautical product in relation to the maintenance, the individual must ensure that: (a) there is a Part 21 approval for the design of the modification or repair; and (b) the modification or repair complies with the design. > Note: For who issues a certificate of release to service for an aircraft, see Subdivision 42.H.3.2. For who issues a certificate of release to service for an aeronautical product, see Subdivision 42.H.4.2. Offence—approved maintenance organisation (3) An approved maintenance organisation must ensure that an individual who carries out maintenance on its behalf complies with subregulation (2). Penalty: 50 penalty units. Offences—independent maintainer (4) An independent maintainer must comply with subregulation (2): (a) when carrying out maintenance on an aircraft; and (b) when supervising the carrying out of maintenance on an aircraft by another individual. Penalty: 50 penalty units. > Note: A person mentioned in item 1 of table 42.300 is the only independent maintainer who is permitted to supervise the carrying out of maintenance by another individual—see subregulation 42.300(2). (5) An offence against subregulation (3) or (4) is an offence of strict liability. #### 42.330 Removal of tools etc after carrying out maintenance Obligation (1) If an individual carries out maintenance on an aircraft or aeronautical product, the individual must remove from the aircraft or aeronautical product any tools, equipment or other things extraneous to the aircraft or the aeronautical product before a certificate of release to service is issued for the aircraft or aeronautical product in relation to the maintenance. > Note: For who issues a certificate of release to service for an aircraft, see Subdivision 42.H.3.2. For who issues a certificate of release to service for an aeronautical product, see Subdivision 42.H.4.2. Offence—approved maintenance organisation (2) An approved maintenance organisation must ensure that an individual who carries out maintenance on its behalf complies with subregulation (1). Penalty: 50 penalty units. Offences—independent maintainer (3) An independent maintainer must comply with subregulation (1) when carrying out maintenance on an aircraft. Penalty: 50 penalty units. (4) An independent maintainer who is supervising the carrying out of maintenance on an aircraft by another individual must ensure that the individual complies with subregulation (1). Penalty: 50 penalty units. > Note: A person mentioned in item 1 of table 42.300 is the only independent maintainer who is permitted to supervise the carrying out of maintenance by another individual—see subregulation 42.300(2). ### Division 42.D.5—Requirements for independent inspection of critical control system maintenance #### 42.335 Meaning of independent individual An independent individual, for critical control system maintenance carried out on an aircraft, means an individual who: (a) did not perform maintenance certification for the maintenance; and (b) if the maintenance is carried out by a Part 145 organisation—is a certifying employee of that organisation authorised to perform maintenance certification: (i) for the maintenance; or (ii) for similar maintenance carried out on another aircraft that has an aircraft control system of similar technology and construction; and (c) if the maintenance is not carried out by a Part 145 organisation—is 1 of the following: (i) a licensed aircraft maintenance engineer whose aircraft engineer licence permits the individual to perform maintenance certification for the maintenance, or for similar maintenance carried out on another aircraft that has an aircraft control system of similar technology and construction; (ii) a pilot licence holder who is authorised under Part 61 to fly the aircraft. #### 42.340 Requirement for verification and record for critical control system maintenance Offence—approved maintenance organisation (1) If an individual carries out critical control system maintenance on an aircraft on behalf of an approved maintenance organisation, the organisation must ensure that an independent individual has: (a) verified the matters mentioned in subregulation 42.345(1); and (b) made a record, in writing, in accordance with regulation 42.345; before the organisation issues a certificate of release to service for the aircraft in relation to the maintenance. Penalty: 50 penalty units. Offence—independent maintainer (2) If an independent maintainer carries out critical control system maintenance on an aircraft, or supervises the carrying out of critical control system maintenance on an aircraft by another individual, the independent maintainer must ensure that an independent individual has: (a) verified the matters mentioned in subregulation 42.345(1); and (b) made a record, in writing, in accordance with regulation 42.345; before the independent maintainer issues a certificate of release to service for the aircraft in relation to the maintenance. Penalty: 50 penalty units. > Note: A person mentioned in item 1 of table 42.300 is the only independent maintainer who is permitted to supervise the carrying out of maintenance by another individual—see subregulation 42.300(2). (3) An offence against subregulation (1) or (2) is an offence of strict liability. #### 42.345 Verification and record for critical control system maintenance (1) An independent individual may record the information mentioned in subregulation (3) in the continuing airworthiness records system for an aircraft in relation to critical control system maintenance carried out on the aircraft only if he or she has verified that: (a) the part of the aircraft control system on which the maintenance was carried out is assembled and configured in accordance with the maintenance data for the maintenance; and (b) the aircraft control system is functioning correctly. (2) An independent individual commits an offence if: (a) he or she records the information mentioned in subregulation (3) in the continuing airworthiness records system for an aircraft in relation to critical control system maintenance carried out on the aircraft; and (b) the recording of the information is not permitted under subregulation (1). Penalty: 50 penalty units. (3) The information is the following: (a) that the individual has verified the matters mentioned in subregulation (1); (b) information identifying the critical control system maintenance to which the verification related; (c) the individual’s name, signature and licence or certification authorisation number; (d) the date the verification was performed. ### Division 42.D.6—Requirements for dealing with defects #### Subdivision 42.D.6.1—Dealing with defects #### 42.350 Meaning of qualified individual (1) For a defect in an aircraft that is authorised to operate under an Australian air transport AOC or a large aircraft, qualified individual means a certifying employee of a Part 145 organisation who is authorised to perform maintenance certification for the maintenance that would be necessary to rectify the defect. (2) For a defect in an aircraft, other than an aircraft mentioned in subregulation (1), qualified individual means a licensed aircraft maintenance engineer whose aircraft engineer licence permits the holder to perform maintenance certification for the maintenance that would be necessary to rectify the defect. #### 42.355 Recording defects If an individual: (a) is carrying out maintenance on an aircraft; and (b) is, or becomes, aware of a defect in the aircraft; the individual must ensure that the defect is recorded in the continuing airworthiness records system for the aircraft before a certificate of release to service is issued for the aircraft in relation to the maintenance. Penalty: 50 penalty units. > Note: For who issues a certificate of release to service for an aircraft, see Subdivision 42.H.3.2. #### 42.360 When qualified individual may defer rectification of defect (1) A qualified individual may defer the rectification of a defect in an aircraft only if the deferral is permitted by subregulation (3). (2) The qualified individual commits an offence if: (a) he or she defers the rectification of the defect; and (b) the deferral is not permitted by subregulation (3). Penalty: 50 penalty units. (3) Deferral of the rectification of the defect is permitted only if: (a) the defect does not adversely affect the airworthiness of the aircraft; or (b) the operation of the aircraft for a flight with the defect is permitted by any of the following: (i) the instructions for continuing airworthiness for the aircraft; (ii) the minimum equipment list for the aircraft; (iii) the configuration deviation list for the aircraft; (iv) an airworthiness directive; or (c) the defect is approved as a permissible unserviceability under regulation 21.007; or (d) the defect is in an item of operational or emergency equipment that: (i) is fitted to the aircraft; and (ii) is not required by the certification basis for the aircraft; and (iii) is not required by or under these Regulations for the operation of the aircraft for a flight. (4) An offence against subregulation (2) is an offence of strict liability. #### 42.365 How rectification of defect is deferred To defer the rectification of a defect in an aircraft under regulation 42.360, the qualified individual must: (a) make a record that complies with regulation 42.370; and (b) sign the record; and (c) record, in that record: (i) his or her aircraft engineer licence number or certification authorisation number; and (ii) the date of the deferral. #### 42.370 Record for deferral of rectification of defect (1) A record of the deferral of the rectification of a defect must be made in: (a) the flight technical log for the aircraft, if: (i) the defect affects the operation of the aircraft; or (ii) the deferral was permitted by subparagraph 42.360(3)(b)(ii) or (iii); or (b) the continuing airworthiness records system for the aircraft, in any other case. (2) The record must contain: (a) a description of the defect; and (b) a statement of the reasons for the qualified individual’s decision to defer the rectification of the defect; and (c) any limitations or conditions mentioned in a document mentioned in paragraph 42.360(3)(b) in relation to the deferral of the rectification of the defect and the operation of the aircraft. (3) A qualified individual commits an offence if: (a) he or she makes a record of the deferral of the rectification of a defect; and (b) the record does not comply with this regulation. Penalty: 50 penalty units. (4) An offence against subregulation (3) is an offence of strict liability. #### Subdivision 42.D.6.2—Reporting defects #### 42.375 Major defect reporting—independent maintainer carrying out maintenance on aircraft If: (a) an independent maintainer is carrying out maintenance on an aircraft, or is supervising the carrying out of maintenance on an aircraft by another individual; and (b) the independent maintainer becomes aware of a major defect in the aircraft; the independent maintainer must report the defect to the person responsible for continuing airworthiness for the aircraft. Penalty: 50 penalty units. > Note 1: See also regulations 42.110, 42.115 and 42.270 for other requirements relating to defects. > Note 2: See regulation 42.390 for the requirements for making a report. > Note 3: A person mentioned in item 1 of table 42.300 is the only independent maintainer who is permitted to supervise the carrying out of maintenance by another individual—see subregulation 42.300(2). #### 42.380 Major defect reporting—approved maintenance organisation carrying out maintenance on aircraft If: (a) an approved maintenance organisation is carrying out maintenance on an aircraft; and (b) the organisation becomes aware of a major defect in the aircraft; the organisation must report the defect to the person responsible for continuing airworthiness for the aircraft. Penalty: 50 penalty units. > Note 1: See regulation 42.390 for the requirements for making a report. > Note 2: See also regulations 42.110, 42.115 and 42.270 for other requirements relating to defects. #### 42.385 Major defect reporting—approved maintenance organisation carrying out maintenance on aeronautical product If: (a) an approved maintenance organisation is carrying out maintenance on an aeronautical product; and (b) the organisation becomes aware of a major defect in the aeronautical product; the organisation must report the defect to CASA. Penalty: 50 penalty units. > Note 1: See regulation 42.390 for the requirements for making a report. > Note 2: See also regulations 42.110, 42.115 and 42.270 for other requirements relating to defects. #### 42.390 Reporting requirements A person who is required to make a report under regulation 42.375, 42.380 or 42.385 must: (a) make the report in the approved form; and (b) make the report within 2 days after the person becomes aware of the major defect to which the report relates. Penalty: 50 penalty units. > Note 1: See also regulations 42.110, 42.115 and 42.270 for other requirements relating to defects. > Note 2: Under regulation 11.018, a report in the approved form is not complete unless it contains all of the information required by the form. ### Division 42.D.7—Requirements for recording maintenance for aircraft or aeronautical products #### 42.395 Recording maintenance information for aircraft Offence—approved maintenance organisation (1) If an individual carries out maintenance on an aircraft on behalf of an approved maintenance organisation, the organisation must ensure that the information mentioned in subregulation (3) is recorded in writing before the organisation issues a certificate of release to service for the aircraft in relation to the maintenance. Penalty: 50 penalty units. Offence—independent maintainer (2) If an independent maintainer: (a) carries out maintenance on an aircraft; or (b) supervises the carrying out of maintenance on an aircraft by another individual; the independent maintainer must record the information mentioned in subregulation (3) in writing before the independent maintainer issues a certificate of release to service for the aircraft in relation to the maintenance. Penalty: 50 penalty units. Information to be recorded (3) The information is the following: (a) the registration mark for the aircraft; (b) the date on which the maintenance was completed; (c) a description of the maintenance; (d) information identifying the maintenance data for the maintenance; (e) if the maintenance is a modification or repair involving a change to the approved design for the aircraft—information identifying the design of the modification or repair; (f) if a part was fitted to the aircraft when the maintenance was carried out—a description of the part, including: (i) the part number for the part; and (ii) the serial number for the part (if any); and (iii) if the part is not a standard part—the information mentioned in subregulation (4). (4) For subparagraph (3)(f)(iii), the information is: (a) if the fitting of the part was permitted by subparagraph 42.420(5)(a)(i) or (b)(i)—the number of the authorised release certificate mentioned in that subparagraph for the part, or information that enables the identification of that authorised release certificate; and (b) if the fitting of the part was permitted by subparagraph 42.420(5)(b)(ii)—information that enables the identification of the in‑house release document mentioned in that subparagraph for the part; and (c) if the fitting of the part is permitted under regulation 42.430—information identifying the aircraft from which the part was removed; and (d) if the fitting of the part is permitted under regulation 42.435—a statement that the part is a product fabricated by an approved maintenance organisation; and (e) if the fitting of the part is permitted under regulation 42.440—information that enables the identification of the document mentioned in paragraph 42.440(e) that accompanied the part. > Note 1: The information required under this regulation about maintenance, and the maintenance certification for the maintenance, together constitute the maintenance record for the maintenance—see the definition of maintenance record in regulation 42.015. For maintenance certification, see regulation 42.715. > Note 2: A person mentioned in item 1 of table 42.300 is the only independent maintainer who is permitted to supervise the carrying out of maintenance by another individual—see subregulation 42.300(2). > Note 3: See Division 42.H.3 in relation to the issue of a certificate of release to service for an aircraft in relation to maintenance carried out on the aircraft. #### 42.400 Making maintenance record for aeronautical products (1) If an individual carries out maintenance on an aeronautical product (the first aeronautical product) on behalf of an approved maintenance organisation, the organisation must ensure that the information mentioned in this regulation (the maintenance record) is recorded: (a) in writing; and (b) before the organisation issues a certificate of release to service for the aeronautical product in relation to the maintenance. Penalty: 50 penalty units. (2) The information is: (a) information that identifies the first aeronautical product, including: (i) the part number for the product; and (ii) the serial number for the product (if any); and (b) the date on which the maintenance was completed; and (c) a description of the maintenance; and (d) information identifying the maintenance data for the maintenance; and (e) if the maintenance is a modification or repair involving a change to the approved design of the aeronautical product—information identifying the design of the modification or repair. (3) If an aeronautical product (the second aeronautical product) was fitted to the first aeronautical product when the maintenance was carried out, the information must include a description of the second aeronautical product, including: (a) the part number for the product; and (b) the serial number for the product (if any); and (c) if the product is not a standard part—the information mentioned in subregulation (4). (4) For paragraph (3)(c), the information is: (a) if the fitting of the second aeronautical product was permitted by subparagraph 42.420(5)(a)(i) or (b)(i): (i) the number of the authorised release certificate mentioned in that subparagraph for the product; or (ii) information that enables the identification of that authorised release certificate; or (b) if the fitting of the second aeronautical product was permitted by subparagraph 42.420(5)(b)(ii)—information that enables the identification of the in‑house release document mentioned in that subparagraph for the product. (5) An offence against subregulation (1) is an offence of strict liability. #### 42.405 Provision of maintenance record and other documents to registered operator Offence—approved maintenance organisation (1) If an individual carries out maintenance on an aircraft on behalf of an approved maintenance organisation, the organisation must comply with subregulation (2). Penalty: 50 penalty units. (2) The organisation must ensure that the maintenance record for the maintenance is given to the person responsible for continuing airworthiness for the aircraft within 30 days after the organisation issues a certificate of release to service for the aircraft in relation to the maintenance. Offence—independent maintainer (3) If an independent maintainer: (a) carries out maintenance on an aircraft; or (b) supervises the carrying out of maintenance on an aircraft by another individual; the independent maintainer must give the maintenance record for the maintenance to the person responsible for continuing airworthiness for the aircraft within 30 days after the independent maintainer issues a certificate of release to service for the aircraft in relation to the maintenance. Penalty: 50 penalty units. > Note: A person mentioned in item 1 of table 42.300 is the only independent maintainer who is permitted to supervise the carrying out of maintenance by another individual—see subregulation 42.300(2). (4) An offence against subregulation (1) or (3) is an offence of strict liability. #### 42.410 Retention of copy of maintenance record by approved maintenance organisations (1) If a maintenance record is made for maintenance carried out on an aircraft or an aeronautical product by an individual on behalf of an approved maintenance organisation, the organisation must keep a copy of the record for the period mentioned in subregulation (2). Penalty: 50 penalty units. (2) The records must be kept for 2 years beginning on the date when the organisation issued the certificate of release to service for the aircraft or aeronautical product in relation to the maintenance. (3) An offence against subregulation (1) is an offence of strict liability. Subpart 42.E—Aeronautical products ### Division 42.E.1—Preliminary #### 42.415 Purpose of Subpart This Subpart sets out requirements for: (a) fitting parts to, and using materials in, aircraft and aeronautical products; and (b) the control of unserviceable and unsalvageable parts; and (c) the control of unapproved parts. ### Division 42.E.2—Requirements for fitting parts and using materials #### 42.420 Fitting parts other than standard parts (1) If an individual is carrying out maintenance on an aircraft or aeronautical product, the individual must not fit a part that is not a standard part to the aircraft or aeronautical product unless the fitting of the part is permitted under: (a) regulation 42.450; or (b) subregulation (2). (2) For paragraph (1)(b), the part may be fitted if: (a) either: (i) the part is serviceable; or (ii) if the part is unserviceable because of a defect in the part—the fitting of the part is permitted under subregulation (3); and (b) the part is eligible to be fitted to the aircraft or the aeronautical product; and (c) if the manufacturer of the part has specified a storage life for the part—the storage life for the part has not expired; and (d) the fitting of the part is permitted under subregulation (5). > Note: For the definition of eligible to be fitted, see regulation 42.015. (3) For subparagraph (2)(a)(ii), the part may be fitted if: (a) the operation of the aircraft for a flight with the defect is permitted by the minimum equipment list for the aircraft; and (b) subregulation (4) does not apply to the part. (4) This regulation applies to a part if: (a) before the proposed fitting of the part, the part was fitted to an aircraft; and (b) the aircraft to which the part was most recently fitted was operated for a flight with the defect; and (c) the operation of the aircraft for the flight with the defect was permitted by the minimum equipment list for that aircraft. (5) For paragraph (2)(d), the part may be fitted if: (a) for a part on which maintenance has not been carried out since its manufacture, and that has not been used in an aircraft since its manufacture: (i) an authorised release certificate has been issued for the part in relation to its manufacture; or (ii) the fitting of the part is permitted under regulation 42.435 or 42.440; or (b) for a part on which maintenance has been carried out, and that has not been used in an aircraft since the maintenance was carried out: (i) an authorised release certificate has been issued for the part in relation to the maintenance; or (ii) if the maintenance was in‑house maintenance—an in‑house release document has been issued for the part in relation to the maintenance; or (iii) the fitting of the part is permitted under regulation 42.440; or (c) the fitting of the part is permitted under regulation 42.430. #### 42.425 Obligations and offences for fitting parts other than standard parts Obligation for approved maintenance organisation (1) An approved maintenance organisation must ensure that an individual who carries out maintenance on its behalf complies with subregulation 42.420(1). Offence for breach of obligation (2) An approved maintenance organisation commits an offence if: (a) an individual is carrying out maintenance on an aircraft or aeronautical product on behalf of the organisation; and (b) the individual fits a part that is not a standard part to the aircraft or aeronautical product; and (c) the fitting of the part is not permitted by subregulation 42.420(1). Penalty: 50 penalty units. Obligation for independent maintainer (3) An independent maintainer must: (a) comply with subregulation 42.420(1) when carrying out maintenance on an aircraft; and (b) if the independent maintainer is supervising the carrying out of maintenance on an aircraft by another individual—ensure that the individual complies with subregulation 42.420(1). > Note: A person mentioned in item 1 of table 42.300 is the only independent maintainer who is permitted to supervise the carrying out of maintenance by another individual—see subregulation 42.300(2). Offences for breach of obligation (4) An independent maintainer commits an offence if: (a) he or she is carrying out maintenance on an aircraft; and (b) he or she fits a part that is not a standard part to the aircraft; and (c) the fitting of the part is not permitted by subregulation 42.420(1). Penalty: 50 penalty units. (5) An independent maintainer commits an offence if: (a) he or she is supervising the carrying out of maintenance on an aircraft by another individual; and (b) the individual fits a part that is not a standard part to the aircraft; and (c) the fitting of the part is not permitted by subregulation 42.420(1). Penalty: 50 penalty units. (6) An offence against subregulation (2), (4) or (5) is an offence of strict liability. #### 42.430 Fitting parts removed from aircraft—permission for paragraph 42.420(5)(c) (1) For paragraph 42.420(5)(c), the part may be fitted if: (a) the part is removed from a place on an aircraft; and (b) maintenance is not carried out on the part after its removal from the aircraft; and (c) the part is to be fitted in a different place on the aircraft. (2) For paragraph 42.420(5)(c), the part may be fitted if: (a) the part was removed from a registered aircraft (the first aircraft) by a person who was, at the time the part was removed, permitted under these Regulations to carry out the maintenance that comprises removing the part from the aircraft; and (b) maintenance has not been carried out on the part after its removal from the first aircraft; and (c) for a part that has been stored—the storage was in accordance with the instructions (if any) issued by the manufacturer of the part in relation to storage; and (d) the part is to be fitted to another aircraft (the second aircraft); and (e) the part has not been subjected to: (i) immersion; or (ii) extremes of stress or temperature; and (f) the person responsible for continuing airworthiness for the second aircraft agrees to the fitting of the part to the second aircraft. > Note: For paragraph (a), for the definition of registered, see Part 1 of the Dictionary. #### 42.435 Fitting parts fabricated by approved maintenance organisations—permission for subparagraph 42.420(5)(a)(ii) For subparagraph 42.420(5)(a)(ii), the part may be fitted if: (a) the part has been fabricated by an approved maintenance organisation; and (b) the part is to be fitted to an aircraft on which the organisation is carrying out maintenance. #### 42.440 Fitting parts for which there is no authorised release certificate—permission for subparagraphs 42.420(5)(a)(ii) and (b)(iii) For subparagraphs 42.420(5)(a)(ii) and (b)(iii), a part of a particular kind may be fitted to an aircraft if: (a) the part is to be fitted by an individual carrying out maintenance on behalf of a Part 145 organisation; and (b) the aircraft is grounded at a location that is not the organisation’s main location; and (c) the aircraft is grounded because of a defect in the aircraft that cannot be rectified without fitting a part of that kind; and (d) a part of that kind in respect of which there is an authorised release certificate is not available at that location; and (e) the part is accompanied by a document that: (i) states that the part is serviceable; and (ii) identifies the organisation that issued the document; and (iii) includes details of the national aviation authority under whose authority the document was issued; and (f) the person responsible for continuing airworthiness for the aircraft agrees to the fitting of the part to the aircraft; and (g) an entry is made in the aircraft’s flight technical log that, within 36 flight hours after it is fitted: (i) the person responsible for continuing airworthiness for the aircraft must obtain an authorised release certificate for the part; or (ii) the part must be removed. > Note: Under regulation 42.165, if an aeronautical product is fitted to an aircraft as permitted by this regulation, the person responsible for continuing airworthiness for the aircraft must, within 36 flight hours after it is fitted, obtain an authorised release certificate for the product or ensure that the product is removed from the aircraft. #### 42.445 Fitting standard parts (1) An individual who is carrying out maintenance on an aircraft or aeronautical product must not fit a standard part to the aircraft or aeronautical product unless the fitting of the part is permitted under: (a) regulation 42.450; or (b) subregulation (2). (2) For paragraph (1)(b), the standard part may be fitted if: (a) the standard part is serviceable; and (b) the standard part is accompanied by: (i) information that identifies the specification with which the part complies; and (ii) information that allows the part to be traced to its manufacturer; and (c) the standard part is accompanied by evidence that the standard part complies with the specification; and (d) the standard part is eligible to be fitted to the aircraft or the aeronautical product; and (e) if the manufacturer of the standard part has specified a storage life for the part—the storage life for the part has not expired. Obligation for approved maintenance organisation (3) An approved maintenance organisation must ensure that an individual who carries out maintenance on its behalf complies with subregulation (1). Offence for breach of obligation (4) An approved maintenance organisation commits an offence if: (a) an individual is carrying out maintenance on an aircraft or aeronautical product on behalf of the organisation; and (b) the individual fits a standard part to the aircraft or aeronautical product; and (c) the fitting of the standard part is not permitted by subregulation (1). Penalty: 50 penalty units. Obligation for independent maintainer (5) An independent maintainer must: (a) comply with subregulation (1) when carrying out maintenance on an aircraft; and (b) if the independent maintainer is supervising the carrying out of maintenance on an aircraft by another individual—ensure that the individual complies with subregulation (1). > Note: A person mentioned in item 1 of table 42.300 is the only independent maintainer who is permitted to supervise the carrying out of maintenance by another individual—see subregulation 42.300(2). Offences for breach of obligation (6) An independent maintainer commits an offence if: (a) he or she is carrying out maintenance on an aircraft; and (b) he or she fits a standard part to the aircraft; and (c) the fitting of the standard part is not permitted by subregulation (1). Penalty: 50 penalty units. (7) An independent maintainer commits an offence if: (a) he or she is supervising the carrying out of maintenance on an aircraft by another individual; and (b) the individual fits a standard part to the aircraft; and (c) the fitting of the standard part is not permitted by subregulation (1). Penalty: 50 penalty units. (8) An offence against subregulation (4), (6) or (7) is an offence of strict liability. #### 42.450 Fitting parts removed from same place on aircraft—permission for paragraphs 42.420(1)(a) and 42.445(1)(a) For paragraphs 42.420(1)(a) and 42.445(1)(a), a part may be fitted to a place on an aircraft or aeronautical product if: (a) the part was removed from that place on the aircraft or aeronautical product; and (b) maintenance is not carried out on the part between the removal of the part and its fitting to the aircraft or aeronautical product. #### 42.455 Using materials (1) An individual who is carrying out maintenance must not use a material in or on an aircraft or aeronautical product unless: (a) the material is accompanied by: (i) information that identifies the specification with which the material complies; and (ii) information that allows the material to be traced to its manufacturer; and (iii) evidence that the material complies with the specification; and (b) the material is eligible to be used in or on the aircraft or aeronautical product; and (c) the material appears to be in a satisfactory condition; and (d) if the manufacturer of the material has specified a storage life for the material—the storage life for the material has not expired. > Note: For the definition of eligible to be used, see regulation 42.015. Obligation for approved maintenance organisation (2) An approved maintenance organisation must ensure that an individual who carries out maintenance on its behalf complies with subregulation (1). Offence for breach of obligation (3) An approved maintenance organisation commits an offence if: (a) an individual is carrying out maintenance on an aircraft or aeronautical product on behalf of the organisation; and (b) the individual uses a material in the aircraft or aeronautical product; and (c) the use of the material is not permitted by subregulation (1). Penalty: 50 penalty units. Obligation for independent maintainer (4) An independent maintainer must: (a) comply with subregulation (1) when carrying out maintenance on an aircraft; and (b) if the independent maintainer is supervising the carrying out of maintenance on an aircraft by another individual—ensure that the individual complies with subregulation (1). > Note: A person mentioned in item 1 of table 42.300 is the only independent maintainer who is permitted to supervise the carrying out of maintenance by another individual—see subregulation 42.300(2). Offences for breach of obligation (5) An independent maintainer commits an offence if: (a) he or she is carrying out maintenance on an aircraft; and (b) he or she uses a material in the aircraft; and (c) the use of the material is not permitted by subregulation (1). Penalty: 50 penalty units. (6) An independent maintainer commits an offence if: (a) he or she is supervising the carrying out of maintenance on an aircraft by another individual; and (b) the individual uses a material in the aircraft; and (c) the use of the material is not permitted by subregulation (1). Penalty: 50 penalty units. (7) An offence against subregulation (3), (5) or (6) is an offence of strict liability. ### Division 42.E.3—Requirements for controlling unserviceable and unsalvageable parts #### 42.460 Control of unserviceable parts (1) If an approved maintenance organisation knows that a part that is not fitted to an aircraft is unserviceable, the organisation must ensure that the steps mentioned in subregulation (3) are taken within 2 days after the organisation first knew that the part was unserviceable. Penalty: 50 penalty units. (2) If an independent maintainer knows that a part that is not fitted to an aircraft is unserviceable, the independent maintainer must take the steps mentioned in subregulation (3) within 2 days after the independent maintainer first knew that the part was unserviceable. Penalty: 50 penalty units. (3) The steps are: (a) applying a label, or attaching a tag, to the part recording the following: (i) sufficient information to identify the part, including the part’s name, part number and serial number (if any); (ii) that the part is unserviceable; (iii) the origin of the part, including information about the aircraft or aeronautical product from which the part has been removed, if relevant and if known to the independent maintainer or organisation; (iv) the reason that the part is unserviceable; and (b) if the independent maintainer or organisation keeps the part—storing the part separately from serviceable aeronautical products and in a secure location. #### 42.465 Control of unsalvageable parts (1) If an approved maintenance organisation knows that a part that is not fitted to an aircraft is unsalvageable, the organisation must ensure that the steps mentioned in subregulation (3) are taken within 2 days after the organisation first knew that the part was unsalvageable. Penalty: 50 penalty units. (2) If an independent maintainer knows that a part that is not fitted to an aircraft is unsalvageable, the independent maintainer must take the steps mentioned in subregulation (3) within 2 days after the independent maintainer first knew that the part was unsalvageable. Penalty: 50 penalty units. (3) The steps are: (a) applying a label, or attaching a tag, to the part recording the following: (i) sufficient information to identify the part, including the part’s name, part number and serial number (if any); (ii) that the part is unsalvageable; (iii) the origin of the part, including any information about the aircraft or aeronautical product from which the part has been removed, if relevant and if known to the independent maintainer or organisation; (iv) the reason that the part is unsalvageable; and (b) doing 1 of the following: (i) storing the part separately from serviceable aeronautical products and in a secure location; (ii) if the organisation or independent maintainer is not the owner of the part—giving the part to the owner of the part; (iii) mutilating the part, or arranging for the part to be mutilated, in a manner that ensures that the part cannot be used in aviation. (4) If the owner of a part receives the part under subparagraph (3)(b)(ii), the owner must, within 3 days of receiving the part: (a) store the part separately from serviceable aeronautical products and in a secure location; or (b) mutilate the part, or arrange for the part to be mutilated, in a manner that ensures that the part cannot be used in aviation. Penalty: 50 penalty units. ### Division 42.E.4—Requirements for controlling unapproved parts #### 42.470 Meaning of unapproved for parts > A part is unapproved if: (a) the part is counterfeit; or (b) the part has not been approved in a manner mentioned in paragraph 21.305(a), (b), (c) or (e) or regulation 21.305A; or (c) the part: (i) is not a standard part; and (ii) has been produced other than under an authorisation (however described) granted by CASA or an national aviation authority; or (d) maintenance has been carried out on the part other than in accordance with an authorisation (however described) granted by CASA or an national aviation authority; or (e) the part has been modified other than in accordance with a design for which there is a Part 21 approval; or (f) the part: (i) is unserviceable or unsalvageable; and (ii) has been fraudulently represented as serviceable; or (g) the part is accompanied by a fraudulent document. #### 42.475 Control of unapproved parts (1) If a person becomes aware that a part is unapproved, the person must ensure that the steps mentioned in subregulation (2) are taken within 2 days after the person first became aware that the part was unapproved. Penalty: 50 penalty units. (2) The steps are: (a) applying a label, or attaching a tag, to the part recording the following: (i) sufficient information to identify the part, including the part’s name, part number and serial number (if any); (ii) that the part is unapproved; (iii) the origin of the part, including any information about the aircraft or aeronautical product from which the part has been removed, if relevant and if known to the person; (iv) the reason that the part is unapproved; and (b) storing the part, and any documents that accompanied the part, separately from serviceable aeronautical products and in a secure location; and (c) making a report about the part in accordance with regulation 42.480. #### 42.480 Reporting unapproved parts (1) For paragraph 42.475(2)(c), the person must give a report about the part to: (a) CASA; and (b) if the person knows that the part was fitted to an aircraft or aeronautical product—the type certificate holder or foreign type certificate holder for the aircraft or aeronautical product; and (c) if the person knows that the part was fitted to an aircraft—the person responsible for continuing airworthiness for the aircraft. (2) The report must be made in the approved form. > Note: Under regulation 11.018, a report in the approved form is not complete unless it contains all of the information required by the form. #### 42.485 Action by CASA following report of unapproved parts (1) If CASA receives a report about a part under regulation 42.480, CASA may, by notice in writing: (a) require the person who made the report to give CASA further information in relation to the part within a period specified in the notice; or (b) tell the person who made the report that the part does not have to be kept. (2) The person must comply with a notice under paragraph (1)(a). Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. #### 42.490 Action required if parts not required to be kept (1) If CASA has given a person a notice under paragraph 42.485(1)(b) in relation to a part, the person must, within 2 days after receiving the notice: (a) if the person is not the owner of the part—give the part to the owner of the part; or (b) store the part, and any documents that accompanied the part, separately from serviceable aeronautical products and in a secure location; or (c) mutilate the part, or arrange for the part to be mutilated, in a manner that ensures that the part cannot be used in aviation. Penalty: 50 penalty units. (2) If the owner of a part receives the part under paragraph (1)(a), the owner must, within 2 days of receiving the part: (a) store the part separately from serviceable aeronautical products and in a secure location; or (b) mutilate the part, or arrange for the part to be mutilated, in a manner that ensures that the part cannot be used in aviation. Penalty: 50 penalty units. Subpart 42.F—Subpart 42.F approved maintenance organisations ### Division 42.F.1—General #### 42.495 Purpose of Subpart This Subpart sets out matters relating to Subpart 42.F organisations, including: (a) requirements for approval as a Subpart 42.F organisation; and (b) requirements that apply to Subpart 42.F organisations. > Note: For other matters relating to Subpart 42.F organisations, see the Part 42 Manual of Standards. #### 42.500 Definitions for Subpart (1) In this Subpart: > accountable manager, for a Subpart 42.F organisation, means the individual, appointed by the organisation, who is responsible for: (a) ensuring that the organisation complies with its exposition, each approval rating that it holds, and these Regulations; and (b) ensuring that the organisation is able to finance the provision of the maintenance services set out in its exposition; and (c) ensuring that the organisation has adequate resources available to enable the organisation to provide maintenance services in accordance with its exposition. > approval certificate means a certificate issued under regulation 42.520. > exposition, for a Subpart 42.F organisation, means the document that is approved by CASA under regulation 42.515 in relation to the organisation, including: (a) if a change to the document is approved by CASA under regulation 42.540—that change; and (b) if the document is updated and the organisation gives CASA a copy of the updated part of the document under regulation 42.545—the updated part of the document; and (c) if the organisation makes a change to the document in accordance with a direction given by CASA under regulation 42.550—that change. > responsible manager, for a Subpart 42.F organisation, means an individual appointed by the organisation to be responsible to the accountable manager for ensuring that the organisation complies with its exposition and these Regulations in relation to a particular matter. > significant change, in relation to a Subpart 42.F organisation, has the meaning given by subregulation (2). > Note: See regulation 42.015 and the Dictionary for definitions of other terms used in this Subpart. (2) A significant change, in relation to a Subpart 42.F organisation, means any of the following changes: (a) a change to the organisation’s name; (b) a change to the location of the organisation’s maintenance facility, including the addition of a new maintenance facility; (c) a change in the personnel holding: (i) the position of accountable manager in the organisation; or (ii) any of the positions of responsible manager in the organisation; (d) a change to the maintenance services provided by the organisation, if the change would require a change to the approval ratings mentioned in the organisation’s approval certificate; (e) a change to the organisation’s facilities, equipment, tools, materials, procedures or certifying employees that could adversely affect the organisation’s ability to provide maintenance services that it is approved to provide. #### 42.505 Regulations 11.070 to 11.075 do not apply in relation to certain matters Regulations 11.070 to 11.075 do not apply to: (a) a significant change to a Subpart 42.F organisation that is approved by CASA under regulation 42.540; or (b) a change to a Subpart 42.F organisation of which CASA is notified under regulation 42.545; or (c) a change to a Subpart 42.F organisation that is made as a consequence of a change made to the organisation’s exposition in accordance with a direction given by CASA under regulation 42.550. ### Division 42.F.2—Approval of Subpart 42.F organisations #### 42.510 Applying for approval (1) A person (the applicant) may apply to CASA for approval as a Subpart 42.F organisation. (2) The application must: (a) be in writing; and (b) be signed by a person who is, or who proposes to be, the applicant’s accountable manager. (3) The application must include the following: (a) a copy of the applicant’s proposed exposition; (b) the approval rating sought by the applicant for: (i) each kind of aircraft or aeronautical product for which the applicant proposes to provide maintenance services; and (ii) each kind of specialist maintenance the applicant proposes to provide. > Note 1: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations—see regulation 11.030. > Note 2: Part 11 deals with applications and decision making. #### 42.515 Issuing approval (1) Subject to regulation 11.055, CASA must approve an applicant as a Subpart 42.F organisation if CASA is satisfied that: (a) the applicant has an exposition that complies with the requirements specified in the Part 42 Manual of Standards; and (b) the applicant has facilities, equipment, materials, maintenance data and tools that are suitable for: (i) providing maintenance services for the kinds of aircraft or aeronautical product for which the applicant proposes to provide maintenance services; and (ii) providing the specialist maintenance that the applicant proposes to provide; and (c) the facilities, equipment, materials, maintenance data and tools mentioned in paragraph (b) comply with the requirements specified in the Part 42 Manual of Standards; and (d) the applicant has nominated an individual for the position of accountable manager in the organisation; and (e) the applicant has nominated an individual for each position of responsible manager in the organisation; and (f) each individual nominated for a position mentioned in paragraph (d) or (e) is appropriately qualified to hold the position. > Note: Under regulation 201.004, an application may be made to the Administrative Review Tribunal for review of: (a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or (b) a decision imposing a condition on an approval. (2) If CASA decides to approve an applicant as a Subpart 42.F organisation, CASA must determine: (a) the approval rating for each kind of aircraft or aeronautical product for which the applicant is approved to provide maintenance services; and (b) the approval rating for each kind of specialist maintenance that the applicant is approved to provide; and (c) any limitations applying to an approval rating mentioned in paragraph (a) or (b). (3) In approving the applicant, CASA also approves the applicant’s proposed exposition. #### 42.520 Approval certificate (1) If CASA approves an applicant as a Subpart 42.F organisation, CASA must issue a certificate setting out the matters mentioned in subregulation 42.515(2). (2) The certificate issued by CASA must include an approval certificate reference number determined by CASA. (3) If CASA approves a significant change to a Subpart 42.F organisation under regulation 42.540, CASA may issue a new approval certificate to the organisation. #### 42.525 Privileges for Subpart 42.F organisations A Subpart 42.F organisation may provide maintenance services that it is approved to provide. #### 42.530 Approval subject to conditions It is a condition of approval of a Subpart 42.F organisation that: (a) the organisation must, at all times, comply with the requirements of: (i) its exposition; and (ii) the approval rating for each kind of aircraft or aeronautical product for which the organisation is approved to provide maintenance services; and (iii) the approval rating for each kind of specialist maintenance that the organisation is approved to provide; and (iv) any limitations applying to an approval rating mentioned in subparagraph (ii) or (iii); and (v) the Part 42 Manual of Standards; and (vi) this Part; and (b) the organisation must ensure that, at all times, its employees comply with the requirements mentioned in paragraph (a). > Note 1: The approval is also subject to the conditions set out in Part 11. > Note 2: Subpart 11.G empowers CASA to issue directions. ### Division 42.F.3—Changes to Subpart 42.F organisations #### 42.535 Application for approval of significant changes to Subpart 42.F organisations (1) If a Subpart 42.F organisation proposes to make a significant change, the organisation must apply to CASA for approval of the change. (2) The application must: (a) be in writing; and (b) set out the proposed change; and (c) include a copy of the part of the exposition consequentially affected by the change, showing the proposed change. (3) Subject to subregulation (4), the application must be made before the change is made. (4) If: (a) the change is of the kind mentioned in paragraph 42.500(2)(c); and (b) the organisation does not apply, in accordance with subregulation (2), before making the change; the organisation must apply in accordance with subregulation (2) within 7 days after making the change. > Note 1: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations—see regulation 11.030. > Note 2: Part 11 deals with applications and decision making. > Note 3: Making a significant change without applying for approval in accordance with this regulation will be a breach of condition of an approval—see regulation 42.530. #### 42.540 Approval of significant changes (1) Subject to regulation 11.055, CASA must approve a significant change to a Subpart 42.F organisation if CASA is satisfied that, after making the change, the requirements mentioned in subregulation 42.515(1) will continue to be met. > Note: Under regulation 201.004, an application may be made to the Administrative Review Tribunal for review of: (a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or (b) a decision imposing a condition on an approval. (2) In approving the significant change, CASA also approves the consequential changes to the applicant’s exposition. #### 42.545 Changes to Subpart 42.F organisations that are not significant changes (1) A change that is not a significant change to a Subpart 42.F organisation must be made in accordance with the procedure set out in the organisation’s exposition for making changes to the organisation that are not significant changes. (2) If such a change is made, the organisation must, within 28 days after making the change: (a) update its exposition; and (b) give CASA written notice of the change and a copy of the updated part of the exposition. #### 42.550 CASA may direct Subpart 42.F organisations to change expositions (1) CASA may direct a Subpart 42.F organisation to change its exposition: (a) to remove particular information from the exposition; or (b) to include particular information in the exposition; or (c) to revise or vary the information in the exposition. (2) CASA may give a direction under this regulation only if CASA is satisfied that it is necessary to do so to ensure that the exposition complies with the requirements specified in the Part 42 Manual of Standards. (3) A direction under this regulation must: (a) be in writing; and (b) specify the time within which the direction must be complied with. > Note: The Subpart 42.F organisation must comply with the direction—see regulation 42.565. ### Division 42.F.4—Requirements and offences for Subpart 42.F organisations #### 42.555 Provision of maintenance services (1) If a Subpart 42.F organisation provides maintenance services, it must provide the services only in accordance with: (a) its exposition; and (b) the approval rating for each kind of aircraft or aeronautical product for which the organisation is approved to provide maintenance services; and (c) the approval rating for each kind of specialist maintenance that the organisation is approved to provide; and (d) any limitations applying to an approval rating mentioned in paragraph (b) or (c); and (e) the privileges that apply to the approval rating under the Part 42 Manual of Standards. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. #### 42.560 Providing employees with exposition (1) If a Subpart 42.F organisation’s exposition relates to the duties of an employee of the organisation, the organisation must make the part of the organisation’s exposition that relates to those duties available to the employee before the employee begins carrying out the duties. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. #### 42.565 Complying with directions (1) If CASA gives a direction to a Subpart 42.F organisation under regulation 42.550, the organisation must comply with the direction within the time mentioned in the direction. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Subpart 42.G—Continuing airworthiness management organisations ### Division 42.G.1—General #### 42.570 Purpose of Subpart This Subpart sets out matters relating to continuing airworthiness management organisations, including: (a) requirements for approval as a continuing airworthiness management organisation; and (b) requirements that apply to continuing airworthiness management organisations. > Note: For other matters relating to a continuing airworthiness management organisation, see the Part 42 Manual of Standards. #### 42.575 Definitions for Subpart (1) In this Subpart: > accountable manager, for a continuing airworthiness management organisation, means the individual, appointed by the organisation, who is responsible for: (a) ensuring that the organisation complies with its exposition, its approval and these Regulations; and (b) ensuring that the organisation is able to finance the provision of the continuing airworthiness management services set out in its exposition; and (c) ensuring that the organisation has adequate resources available to enable the organisation to provide continuing airworthiness management services in accordance with its exposition. > approval certificate means a certificate issued under regulation 42.595. > continuing airworthiness management service means any of the following services for an aircraft: (a) ensuring that the requirements mentioned in Divisions 42.C.2, 42.C.3 and 42.C.4 are met; (b) the issue of an airworthiness review certificate under Division 42.I.2; (c) the extension of an airworthiness review certificate under Division 42.I.3; (d) the carrying out of an airworthiness review under Division 42.I.4; (e) the approval of: (i) a maintenance program under Division 42.J.2; or (ii) a variation of a maintenance program under Division 42.J.4. > continuing airworthiness manager, for a continuing airworthiness management organisation that is required by the Part 42 Manual of Standards to have a continuing airworthiness manager, means the individual, appointed by the organisation, who has continuing airworthiness responsibility for the organisation. > continuing airworthiness responsibility, for a continuing airworthiness management organisation, means responsibility to the accountable manager for ensuring that the organisation complies with its exposition and these Regulations in relation to providing continuing airworthiness management services. > exposition, for a continuing airworthiness management organisation, means the document that is approved by CASA under regulation 42.590 in relation to the organisation, including: (a) if a change to the document is approved by CASA under regulation 42.615—that change; and (b) if the document is updated and the organisation gives CASA a copy of the updated part of the document under regulation 42.620—the updated part of the document; and (c) if the organisation makes a change to the document in accordance with a direction given by CASA under regulation 42.625—that change. > quality manager, for a continuing airworthiness management organisation that is required by the Part 42 Manual of Standards to have a quality management system, means the individual, appointed by the organisation, who is responsible for the organisation’s quality management system. > responsible manager, for a continuing airworthiness management organisation, means an individual appointed by the organisation to be responsible for ensuring that the organisation complies with its exposition and these Regulations in relation to a particular matter. > significant change, in relation to a continuing airworthiness management organisation, has the meaning given by subregulation (2). > Note: See regulation 42.015 and the Dictionary for definitions of other terms used in this Subpart. (2) A significant change, in relation to a continuing airworthiness management organisation, means any of the following changes: (a) a change to the organisation’s name; (b) a change to the location of the organisation’s continuing airworthiness management facility, including the addition of a new facility; (c) a change in the personnel holding: (i) the position of accountable manager in the organisation; or (ii) any of the positions of responsible manager in the organisation; or (iii) the position of continuing airworthiness manager (if any) in the organisation; or (iv) the position of quality manager (if any) in the organisation; (d) a change to: (i) the aircraft types and models for which the organisation provides continuing airworthiness management services; or (ii) the kinds of continuing airworthiness management services that the organisation provides for each aircraft type and model; (e) a change to the organisation’s facilities, equipment, procedures or personnel that could adversely affect the organisation’s ability to provide the continuing airworthiness management services that it is approved to provide. #### 42.580 Regulations 11.070 to 11.075 do not apply in relation to certain matters Regulations 11.070 to 11.075 do not apply to: (a) a significant change to a continuing airworthiness management organisation that is approved by CASA under regulation 42.615; or (b) a change to a continuing airworthiness management organisation of which CASA is notified under regulation 42.620; or (c) a change to a continuing airworthiness management organisation that is made as a consequence of a change made to the organisation’s exposition in accordance with a direction given by CASA under regulation 42.625. ### Division 42.G.2—Approval of continuing airworthiness management organisations #### 42.585 Applying for approval (1) A person (the applicant) may apply to CASA for approval as a continuing airworthiness management organisation. (2) The application must: (a) be in writing; and (b) be signed by a person who is, or who proposes to be, the applicant’s accountable manager. (3) The application must include the following: (a) a copy of the applicant’s proposed exposition; (b) information showing that each individual nominated for a position of accountable manager or responsible manager in the organisation has the qualifications specified for the position in the Part 42 Manual of Standards; (c) if the organisation is required by the Part 42 Manual of Standards to have a continuing airworthiness manager—information showing that the individual nominated for the position of continuing airworthiness manager in the organisation has the qualifications specified for the position in the Part 42 Manual of Standards; (d) if the organisation is required by the Part 42 Manual of Standards to have a quality management system—information showing that the individual nominated for the position of quality manager in the organisation has the qualifications specified for the position in the Part 42 Manual of Standards; (e) the aircraft types and models for which the applicant proposes to provide continuing airworthiness management services; (f) the kinds of continuing airworthiness management services that the applicant proposes to provide for each aircraft type and model. > Note 1: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations—see regulation 11.030. > Note 2: Part 11 deals with applications and decision making. #### 42.590 Issuing approval (1) Subject to regulation 11.055, CASA must approve an applicant as a continuing airworthiness management organisation if CASA is satisfied that: (a) the applicant has an exposition that complies with the requirements specified in the Part 42 Manual of Standards; and (b) the applicant has facilities, equipment, personnel and instructions for continuing airworthiness: (i) that are suitable for the continuing airworthiness management services that the applicant proposes to provide; and (ii) that comply with the requirements specified in the Part 42 Manual of Standards; and (c) the applicant has nominated an individual for the position of accountable manager in the organisation; and (d) the applicant has nominated an individual for each position of responsible manager in the organisation; and (e) if the applicant is required by the Part 42 Manual of Standards to have a continuing airworthiness manager—the applicant has nominated an individual for the position of continuing airworthiness manager in the organisation; and (f) if the applicant is required by the Part 42 Manual of Standards to have a quality management system: (i) the applicant has a quality management system that complies with the requirements specified in the Part 42 Manual of Standards; and (ii) the applicant has nominated an individual for the position of quality manager in the organisation; and (iii) the individual nominated for the position of quality manager is not also nominated for the position of accountable manager, continuing airworthiness manager (if any) or responsible manager; and (g) each individual nominated for a position mentioned in paragraph (c), (d) or (e) or subparagraph (f)(ii) holds the qualifications specified for the position in the Part 42 Manual of Standards. > Note: Under regulation 201.004, an application may be made to the Administrative Review Tribunal for review of: (a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or (b) a decision imposing a condition on an approval. (2) If CASA decides to approve an applicant as a continuing airworthiness management organisation, CASA must determine: (a) the aircraft types and models for which the applicant is approved to provide continuing airworthiness management services; and (b) the kinds of continuing airworthiness management services that the applicant is approved to provide for each permitted aircraft type and model; and (c) any limitations applying to the approval. (3) In approving the applicant, CASA also approves the applicant’s proposed exposition. #### 42.595 Approval certificate (1) If CASA approves an applicant as a continuing airworthiness management organisation, CASA must issue a certificate setting out the matters mentioned in subregulation 42.590(2). (2) The certificate issued by CASA must include an approval certificate reference number determined by CASA. (3) If CASA approves a significant change to a continuing airworthiness management organisation under regulation 42.615, CASA may issue a new approval certificate to the organisation. #### 42.600 Privileges for continuing airworthiness management organisations A continuing airworthiness management organisation may provide continuing airworthiness management services that it is approved to provide. #### 42.605 Approval subject to conditions It is a condition of approval of a continuing airworthiness management organisation that: (a) the organisation must, at all times, comply with the requirements of: (i) its exposition; and (ii) its approval, including any limitations applying to the approval; and (iii) the Part 42 Manual of Standards; and (iv) this Part; and (b) the organisation must ensure that, at all times, its employees comply with the requirements mentioned in paragraph (a). > Note 1: The approval is also subject to the conditions set out in Part 11. > Note 2: Subpart 11.G empowers CASA to issue directions. ### Division 42.G.3—Changes to continuing airworthiness management organisations #### 42.610 Application for approval of significant changes to continuing airworthiness management organisations (1) If a continuing airworthiness management organisation proposes to make a significant change, the organisation must apply to CASA for approval of the change. (2) The application must: (a) be in writing; and (b) set out the proposed change; and (c) include a copy of the part of the exposition consequentially affected by the change, showing the proposed change. (3) Subject to subregulation (4), the application must be made before the change is made. (4) If: (a) the change is of the kind mentioned in paragraph 42.575(2)(c); and (b) the organisation does not apply, in accordance with subregulation (2), before making the change; the organisation must apply in accordance with subregulation (2) within 7 days after making the change. > Note 1: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations—see regulation 11.030. > Note 2: Part 11 deals with applications and decision making. > Note 3: Making a significant change without applying for approval in accordance with this regulation will be a breach of condition of an approval—see regulation 42.605. #### 42.615 Approval of significant changes (1) Subject to regulation 11.055, CASA must approve a significant change to a continuing airworthiness management organisation if CASA is satisfied that, after making the change, the requirements mentioned in subregulation 42.590(1) will continue to be met. > Note: Under regulation 201.004, an application may be made to the Administrative Review Tribunal for review of: (a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or (b) a decision imposing a condition on an approval. (2) In approving the significant change, CASA also approves the consequential changes to the applicant’s exposition. #### 42.620 Changes to continuing airworthiness management organisations that are not significant changes (1) A change that is not a significant change to a continuing airworthiness management organisation must be made in accordance with the procedure set out in the organisation’s exposition for making changes to the organisation that are not significant changes. (2) If such a change is made, the organisation must, within 28 days after making the change: (a) update its exposition; and (b) give CASA written notice of the change and a copy of the updated part of the exposition. #### 42.625 CASA may direct continuing airworthiness management organisations to change expositions (1) CASA may direct a continuing airworthiness management organisation to change its exposition: (a) to remove particular information from the exposition; or (b) to include particular information in the exposition; or (c) to revise or vary the information in the exposition. (2) CASA may give a direction under this regulation only if CASA is satisfied that it is necessary to do so to ensure that the exposition complies with the requirements specified in the Part 42 Manual of Standards. (3) A direction under this regulation must: (a) be in writing; and (b) specify the time within which the direction must be complied with. > Note: The continuing airworthiness management organisation must comply with the direction—see regulation 42.665. ### Division 42.G.4—Authorisation of pilot licence holders and flight engineers to provide maintenance services #### 42.630 When pilot licence holders and flight engineers may be authorised (1) A continuing airworthiness management organisation may issue an authorisation to provide specified maintenance services for a large aircraft or an aircraft that is authorised to operate under an AOC to a pilot licence holder or a flight engineer if: (a) for an aircraft for which the continuing airworthiness management organisation is not the registered operator—the registered operator of the aircraft asks the organisation to issue the authorisation; and (b) the organisation is responsible for providing continuing airworthiness management services for the aircraft; and (c) the requirements mentioned in subregulation (2) are met. (2) The requirements are that: (a) the maintenance to be carried out by the pilot licence holder or flight engineer under the authorisation is specified in the Part 42 Manual of Standards for items 4 and 5 of table 42.300; and (b) the pilot licence holder or flight engineer is at least 21; and (c) the authorisation is for a type and model of aircraft: (i) that the pilot licence holder is authorised, under Part 61, to fly; or (ii) in relation to which the flight engineer is authorised, under Part 61, to perform the duties of flight engineer; and (d) the pilot licence holder or flight engineer has a written statement from a Part 145 organisation or a maintenance training organisation to the effect that: (i) the pilot licence holder or flight engineer has been trained and assessed in the maintenance mentioned in paragraph (a); and (ii) the pilot licence holder or flight engineer is competent to carry out the maintenance; and (e) at the time the organisation issues the authorisation, the organisation is satisfied that the pilot licence holder or flight engineer: (i) is competent to carry out the maintenance mentioned in paragraph (a); and (ii) has comprehensive knowledge of the requirements of Subparts 42.D, 42.E and 42.H; and (iii) has comprehensive knowledge of the continuing airworthiness records system for the aircraft in relation to performing maintenance certification and issuing certificates of release to service. (3) The authorisation must: (a) be in writing; and (b) be signed by the responsible manager in the organisation who is responsible for ensuring that the organisation complies with its exposition and these Regulations in relation to authorisations under this regulation; and (c) include the following information: (i) the name of the continuing airworthiness management organisation; (ii) the name and licence number of the pilot licence holder or flight engineer being authorised; (iii) the maintenance services that the pilot licence holder or flight engineer is authorised to provide; (iv) the date that the authorisation is issued; (v) the period for which the authorisation is in force; (vi) the aircraft for which the authorisation is issued; (vii) the name of the registered operator of the aircraft. (4) The period for which the authorisation is in force: (a) must not exceed 2 years; and (b) must not include a period before the date that the authorisation is issued. #### 42.635 Ceasing of authorisation if organisation ceases to be responsible for providing continuing airworthiness management services for aircraft (1) This regulation applies if: (a) a continuing airworthiness management organisation has issued an authorisation under regulation 42.630 to a pilot licence holder or a flight engineer to provide maintenance services for an aircraft; and (b) the organisation ceases to be responsible for providing continuing airworthiness management services for the aircraft. (2) The authorisation ceases to be in force at the time the organisation ceases to be responsible for providing continuing airworthiness management services for the aircraft. #### 42.640 Directions in relation to authorisations (1) If CASA is satisfied that, when an authorisation was issued under regulation 42.630, a requirement mentioned in subregulation 42.630(1) or (2) was not met, CASA may give the continuing airworthiness management organisation that issued the authorisation a direction: (a) to make a change to the authorisation; or (b) to cancel the authorisation. (2) A direction under this regulation must: (a) be in writing; and (b) specify the time within which the direction must be complied with. > Note: The continuing airworthiness management organisation must comply with the direction—see regulation 42.665. #### 42.645 Notice of cancellation of authorisation (1) If a continuing airworthiness management organisation cancels an authorisation issued under regulation 42.630, the organisation must give the holder of the authorisation notice in writing of the cancellation, including the date on which the cancellation takes effect. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. ### Division 42.G.5—Requirements and offences for continuing airworthiness management organisations #### 42.650 Provision of continuing airworthiness management services (1) If a continuing airworthiness management organisation provides continuing airworthiness management services it must provide the services only in accordance with: (a) its exposition; and (b) its approval, including any limitations applying to the approval. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. #### 42.655 Providing employees with exposition (1) If a continuing airworthiness management organisation’s exposition relates to the duties of an employee of the organisation, the organisation must make the part of the organisation’s exposition that relates to those duties available to the employee before the employee begins carrying out the duties. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. #### 42.660 Copies of authorisations and records (1) If a continuing airworthiness management organisation issues an authorisation under regulation 42.630 in relation to an aircraft, the organisation must, within 14 days after issuing the authorisation, give a copy of the authorisation to the registered operator of the aircraft. Penalty: 50 penalty units. (2) The continuing airworthiness management organisation must retain a copy of the authorisation for at least 2 years after the authorisation ceases to be in force. Penalty: 50 penalty units. (3) The organisation must keep any record evidencing the matters mentioned in paragraph 42.630(2)(e) in relation to an authorisation under regulation 42.630 for at least 2 years after the authorisation ceases to be in force. Penalty: 50 penalty units. (4) An offence against subregulation (1), (2) or (3) is an offence of strict liability. #### 42.665 Complying with directions (1) If CASA gives a direction to a continuing airworthiness management organisation under regulation 42.625 or 42.640, the organisation must comply with the direction within the time mentioned in the direction. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. #### 42.670 Giving information in accordance with contract If: (a) a continuing airworthiness management organisation enters into a contract with the registered operator of an aircraft as mentioned in regulation 42.040 or 42.045; and (b) the organisation has information about the continuing airworthiness of the aircraft that relates to a matter mentioned in paragraph 42.050(2)(d); the organisation must give the information to the registered operator in accordance with the contract. Penalty: 50 penalty units. > Note: See regulation 42.055 for the requirement for the registered operator of an aircraft to give information to the continuing airworthiness management organisation for the aircraft. #### 42.675 Notice of contravention of Part to be given to CASA (1) If: (a) a continuing airworthiness management organisation enters into a contract with the registered operator of an aircraft as mentioned in regulation 42.040 or 42.045; and (b) the organisation has reasonable grounds to believe that the registered operator has contravened a provision of this Part; the organisation must give CASA written notice of the contravention within 7 days after the organisation forms the belief that the contravention has occurred. Penalty: 50 penalty units. (2) If the organisation is an individual, he or she is not excused from giving a notice under subregulation (1) on the ground that the information in the notice might tend to incriminate the individual or expose the individual to a penalty. (3) However: (a) the information in the notice; or (b) any information, document or thing obtained as a direct or indirect consequence of giving the notice; is not admissible in evidence against the individual in criminal proceedings other than proceedings for an offence against subsections 136.1(1) or (4), 137.1(1) or 137.2(1) of the Criminal Code. > Note 1: Subsections 136.1(1) and (4), 137.1(1) and 137.2(1) of the Criminal Code provide for offences in relation to false or misleading statements in applications and false or misleading information or documents. > Note 2: See regulation 42.075 for the equivalent requirement for a registered operator. Subpart 42.H—Maintenance certification and certificate of release to service ### Division 42.H.1—General #### 42.680 Purpose of Subpart This Subpart sets out requirements for the performance of maintenance certification and the issue of certificates of release to service when maintenance has been carried out. ### Division 42.H.2—Maintenance certification for maintenance carried out on aircraft #### Subdivision 42.H.2.1—Application of Division #### 42.685 Application of Division This Division applies if an individual carries out maintenance on an aircraft. #### Subdivision 42.H.2.2—Who must perform maintenance certification #### 42.690 Approved maintenance organisations (1) If the maintenance is carried out by an individual on behalf of an approved maintenance organisation, the organisation must ensure that maintenance certification for the maintenance is performed on behalf of the organisation: (a) by an individual mentioned in subregulation (2); and (b) before the organisation issues a certificate of release to service for the aircraft in relation to the maintenance. Penalty: 50 penalty units. (2) For paragraph (1)(a), the individual must be a certifying employee of the organisation: (a) whose certification authorisation permits him or her to perform maintenance certification for the maintenance; and (b) who carried out the maintenance, or supervised the carrying out of the maintenance by another individual. (3) An offence against subregulation (1) is an offence of strict liability. #### 42.695 Individuals performing maintenance certification on behalf of approved maintenance organisations Obligation (1) An individual must not perform maintenance certification for the maintenance on behalf of an approved maintenance organisation unless: (a) he or she is a certifying employee of the organisation whose certification authorisation permits him or her to perform maintenance certification for the maintenance; and (b) he or she carried out the maintenance, or supervised the carrying out of the maintenance by another individual. Offence for breach of obligation (2) An individual commits an offence if: (a) he or she performs maintenance certification for the maintenance on behalf of an approved maintenance organisation; and (b) either: (i) at the time of performing the maintenance certification, he or she is not a certifying employee of the organisation whose certification authorisation permits him or her to perform the maintenance certification; or (ii) he or she did not carry out the maintenance, or supervise the carrying out of the maintenance by another individual. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. #### 42.700 Independent maintainers (1) If the maintenance is carried out by an independent maintainer, the independent maintainer must perform maintenance certification for the maintenance before the independent maintainer issues a certificate of release to service for the aircraft in relation to the maintenance. Penalty: 50 penalty units. (2) If the maintenance is carried out by an individual mentioned in item 2 of table 42.300, the independent maintainer who supervised the carrying out of the maintenance must perform maintenance certification for the maintenance before the independent maintainer issues a certificate of release to service for the aircraft in relation to the maintenance. Penalty: 50 penalty units. > Note: A person mentioned in item 1 of table 42.300 is the only independent maintainer who is permitted to supervise the carrying out of maintenance by another individual—see subregulation 42.300(2). (3) An offence against subregulation (1) or (2) is an offence of strict liability. #### Subdivision 42.H.2.3—Requirements for performing maintenance certification #### 42.705 Requirements to be met by individuals before performing maintenance certification Obligation (1) An individual must not perform maintenance certification for the maintenance unless he or she has ensured that: (a) the maintenance has been carried out in accordance with: (i) this Part; and (ii) Part 145, if applicable; and (b) the information required by regulation 42.395 for the maintenance has been recorded. Offence for breach of obligation (2) An individual commits an offence if: (a) he or she performs maintenance certification; and (b) he or she did not comply with subregulation (1) before performing the maintenance certification. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. #### 42.710 Requirements to be met by organisations before performing maintenance certification Obligation (1) An approved maintenance organisation must ensure that an individual who performs maintenance certification on its behalf complies with subregulation 42.705(1). Offence for breach of obligation (2) An approved maintenance organisation commits an offence if: (a) an individual performs maintenance certification on its behalf; and (b) the individual did not comply with subregulation 42.705(1) before performing the maintenance certification. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. #### Subdivision 42.H.2.4—Performance of maintenance certification #### 42.715 How maintenance certification is performed To perform maintenance certification for the maintenance, an individual must: (a) sign the record that contains the information required by regulation 42.395 for the maintenance; and (b) record, in that record: (i) the date of the maintenance certification; and (ii) if he or she carried out the maintenance on behalf of an approved maintenance organisation—his or her certification authorisation number; and (iii) if he or she did not carry out the maintenance on behalf of an approved maintenance organisation—his or her aircraft engineer licence number, pilot licence number or flight engineer licence number. > Note: The information required under regulation 42.395 about maintenance, and the maintenance certification for the maintenance, together constitute the maintenance record for the maintenance—see the definition of maintenance record in regulation 42.015. ### Division 42.H.3—Certificate of release to service—aircraft #### Subdivision 42.H.3.1—Preliminary #### 42.720 Application of Division This Division applies if an individual carries out maintenance on an aircraft. #### 42.725 Requirement not to release aircraft without certificate of release to service Obligation—approved maintenance organisation (1) If an individual carries out maintenance on an aircraft on behalf of an approved maintenance organisation, the organisation must not release the aircraft to another person unless the organisation has issued a certificate of release to service for the aircraft in relation to the maintenance. Offence for breach of obligation (2) An approved maintenance organisation commits an offence if: (a) an individual carries out maintenance on an aircraft on behalf of the organisation; and (b) the organisation has not issued a certificate of release to service for the aircraft in relation to the maintenance; and (c) the organisation releases the aircraft to another person. Penalty: 50 penalty units. Obligation—independent maintainer (3) If an independent maintainer carries out maintenance on an aircraft, or supervises the carrying out of maintenance on an aircraft by another individual, the independent maintainer must not release the aircraft to another person unless the independent maintainer has issued a certificate of release to service for the aircraft in relation to the maintenance. > Note: A person mentioned in item 1 of table 42.300 is the only independent maintainer who is permitted to supervise the carrying out of maintenance by another individual—see subregulation 42.300(2). Offence for breach of obligation (4) An independent maintainer commits an offence if: (a) the independent maintainer carries out maintenance on an aircraft, or supervises the carrying out of maintenance on an aircraft by another individual; and (b) the independent maintainer has not issued a certificate of release to service for the aircraft in relation to the maintenance; and (c) the independent maintainer releases the aircraft to another person. Penalty: 50 penalty units. (5) An offence against subregulation (2) or (4) is an offence of strict liability. #### Subdivision 42.H.3.2—Who may issue certificate of release to service #### 42.730 Approved maintenance organisations (1) If maintenance was carried out on an aircraft on behalf of an approved maintenance organisation, the organisation may issue a certificate of release to service for the aircraft in relation to the maintenance. (2) If an approved maintenance organisation issues a certificate of release to service for the aircraft in relation to the maintenance, the organisation must ensure that the certificate is issued on behalf of the organisation by an individual: (a) who is a certifying employee of the organisation; and (b) whose certification authorisation permits him or her to issue the certificate for the aircraft in relation to the maintenance. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. #### 42.735 Individuals issuing certificates of release to service on behalf of approved maintenance organisations Obligation (1) An individual must not issue a certificate of release to service on behalf of an approved maintenance organisation for an aircraft in relation to maintenance carried out on the aircraft unless: (a) he or she is a certifying employee of the organisation; and (b) his or her certification authorisation permits him or her to issue the certificate for the aircraft in relation to the maintenance. Offence for breach of obligation (2) An individual commits an offence if: (a) he or she issues a certificate of release to service on behalf of an approved maintenance organisation for an aircraft in relation to maintenance carried out on the aircraft; and (b) at the time of issuing the certificate: (i) he or she is not a certifying employee of the organisation; or (ii) he or she is a certifying employee of the organisation, but his or her certification authorisation does not permit him or her to issue the certificate for the aircraft in relation to the maintenance. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. #### 42.740 Independent maintainers (1) If an independent maintainer carries out maintenance on an aircraft, the independent maintainer may issue a certificate of release to service for the aircraft in relation to the maintenance. (2) If an individual mentioned in item 2 of table 42.300 carries out maintenance on an aircraft, the independent maintainer who supervised the carrying out of the maintenance may issue a certificate of release to service for the aircraft in relation to the maintenance. > Note: A person mentioned in item 1 of table 42.300 is the only independent maintainer who is permitted to supervise the carrying out of maintenance by another individual—see subregulation 42.300(2). (3) An independent maintainer commits an offence if: (a) the independent maintainer issues a certificate of release to service for an aircraft in relation to maintenance carried out on the aircraft; and (b) the issuing of the certificate by the independent maintainer is not permitted by subregulation (1) or (2). Penalty: 50 penalty units. (4) An offence against subregulation (3) is an offence of strict liability. #### Subdivision 42.H.3.3—Requirements for issuing certificate of release to service #### 42.745 Requirements to be met before certificate of release to service may be issued The following are the requirements for the issue of a certificate of release to service for an aircraft in relation to maintenance carried out on the aircraft: (a) the certificate complies with regulation 42.760; (b) the information entered into the certificate is correct; (c) maintenance certification has been performed for all of the maintenance; (d) if the maintenance included critical control system maintenance—the information mentioned in subregulation 42.345(3) has been recorded in the continuing airworthiness records system for the aircraft in relation to the critical control system maintenance; (e) in respect of the maintenance, the aircraft is airworthy; (f) if there is a defect in the aircraft, and the rectification of the defect has not been deferred in accordance with Subdivision 42.D.6.1: (i) the certificate includes details of the defect; and (ii) the person responsible for continuing airworthiness for the aircraft has been notified that: (A) the certificate is to be issued; and (B) there is a defect in the aircraft, and the rectification of the defect has not been deferred in accordance with Subdivision 42.D.6.1; (g) if maintenance requested for the aircraft (other than the rectification of a defect mentioned in paragraph (f)) has not been carried out: (i) the certificate includes details of the maintenance that has not been carried out; and (ii) the person responsible for continuing airworthiness for the aircraft has been notified that: (A) the certificate is to be issued; and (B) maintenance requested for the aircraft (other than the rectification of a defect mentioned in paragraph (f)) has not been carried out. #### 42.750 Requirements to be met by approved maintenance organisations before issuing certificate of release to service Obligation (1) An approved maintenance organisation must ensure that an individual does not issue a certificate of release to service on its behalf for an aircraft in relation to maintenance carried out on the aircraft unless the requirements mentioned in regulation 42.745 are met. Offence for breach of obligation (2) An approved maintenance organisation commits an offence if: (a) an individual issues a certificate of release to service on its behalf for an aircraft in relation to maintenance carried out on the aircraft; and (b) a requirement mentioned in regulation 42.745 is not met in relation to the issuing of the certificate. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. #### 42.755 Requirements to be met by individuals before issuing certificate of release to service Obligation (1) An individual must not issue a certificate of release to service for an aircraft in relation to maintenance carried out on the aircraft unless the requirements mentioned in regulation 42.745 are met. Offence for breach of obligation (2) An individual commits an offence if: (a) he or she issues a certificate of release to service for an aircraft in relation to maintenance carried out on the aircraft; and (b) a requirement mentioned in regulation 42.745 is not met in relation to the issuing of the certificate. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. #### Subdivision 42.H.3.4—Form, content and issue of certificate of release to service #### 42.760 Form and content of certificate of release to service (1) A document is a certificate of release to service for an aircraft in relation to maintenance carried out on the aircraft only if it includes the following information: (a) information identifying the certificate as a certificate of release to service; (b) the aircraft’s registration mark; (c) if the maintenance was carried out by an approved maintenance organisation—the organisation’s approval certificate reference number and the certification authorisation number of the employee issuing the certificate; (d) if the maintenance was not carried out by an approved maintenance organisation—the name and aircraft engineer licence number, pilot licence number or flight engineer licence number of the individual issuing the certificate. (2) The certificate must be included in the flight technical log for the aircraft on which the maintenance was carried out. #### 42.765 How certificate of release to service is issued To issue a certificate of release to service for an aircraft in relation to maintenance carried out on the aircraft, an individual must: (a) sign the certificate; and (b) record the date and time of issue on the certificate. #### Subdivision 42.H.3.5—Record‑keeping #### 42.770 Retaining copy of certificate of release to service (1) If a certificate of release to service for an aircraft in relation to maintenance carried out on the aircraft is issued on behalf of an approved maintenance organisation, the organisation must ensure that a copy of the certificate is retained for 1 year beginning on the date the certificate is issued. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. ### Division 42.H.4—Certificate of release to service—aeronautical products #### Subdivision 42.H.4.1—Preliminary #### 42.775 Application of Division This Division applies if an individual carries out maintenance on an aeronautical product on behalf of an approved maintenance organisation. > Note 1: Maintenance certification is not required for maintenance carried out on aeronautical products. > Note 2: Under regulation 42.305, only approved maintenance organisations and individuals carrying out maintenance on behalf of approved maintenance organisations are permitted to carry out maintenance on aeronautical products. #### 42.780 Requirement not to release aeronautical product without certificate of release to service Obligation (1) If an individual carries out maintenance on an aeronautical product on behalf of an approved maintenance organisation, the organisation must not release the product for use in an aircraft or another aeronautical product unless the organisation has issued a certificate of release to service for the aeronautical product in relation to the maintenance. Offence for breach of obligation (2) An approved maintenance organisation commits an offence if: (a) an individual carries out maintenance on an aeronautical product on behalf of the organisation; and (b) the organisation has not issued a certificate of release to service for the aeronautical product in relation to the maintenance; and (c) the organisation releases the product for use in an aircraft or another aeronautical product. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. #### Subdivision 42.H.4.2—Who may issue certificate of release to service #### 42.785 Approved maintenance organisations (1) If maintenance was carried out on an aeronautical product on behalf of an approved maintenance organisation, the organisation may issue a certificate of release to service for the aeronautical product in relation to the maintenance. (2) If an approved maintenance organisation issues a certificate of release to service for the product in relation to the maintenance, the organisation must ensure that the certificate is issued on behalf of the organisation by an individual: (a) who is a certifying employee of the organisation; and (b) whose certification authorisation permits him or her to issue the certificate for the product in relation to the maintenance. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. #### 42.790 Individuals issuing certificates of release to service on behalf of approved maintenance organisations Obligation (1) An individual must not issue a certificate of release to service on behalf of an approved maintenance organisation for an aeronautical product in relation to maintenance carried out on the product unless: (a) he or she is a certifying employee of the organisation; and (b) his or her certification authorisation permits him or her to issue the certificate for the product in relation to the maintenance. Offence for breach of obligation (2) An individual commits an offence if: (a) he or she issues a certificate of release to service on behalf of an approved maintenance organisation for an aeronautical product in relation to maintenance carried out on the product; and (b) at the time of issuing the certificate: (i) he or she is not a certifying employee of the organisation; or (ii) he or she is a certifying employee of the organisation, but his or her certification authorisation does not permit him or her to issue the certificate for the product in relation to the maintenance. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. #### Subdivision 42.H.4.3—Requirements for issuing certificate of release to service #### 42.795 Requirements to be met before certificate of release to service may be issued The following are the requirements for the issue of a certificate of release to service for an aeronautical product in relation to maintenance carried out on the product: (a) the information entered into the certificate for the maintenance is correct; (b) the maintenance is complete; (c) the maintenance was carried out in accordance with: (i) this Part; and (ii) Part 145, if applicable; (d) in respect of the maintenance, the product is serviceable. #### 42.800 Requirements to be met by approved maintenance organisations before issuing certificate of release to service Obligation (1) An approved maintenance organisation must ensure that an individual does not issue a certificate of release to service on its behalf for an aeronautical product in relation to maintenance carried out on the product unless the requirements mentioned in regulation 42.795 are met. Offence for breach of obligation (2) An approved maintenance organisation commits an offence if: (a) an individual issues a certificate of release to service on its behalf for an aeronautical product in relation to maintenance carried out on the product; and (b) a requirement mentioned in regulation 42.795 is not met in relation to the issuing of the certificate. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. #### 42.805 Requirements to be met by individuals before issuing certificate of release to service Obligation (1) An individual must not issue a certificate of release to service on behalf of an approved maintenance organisation for an aeronautical product in relation to maintenance carried out on the product unless the requirements mentioned in regulation 42.795 are met. Offence for breach of obligation (2) An individual commits an offence if: (a) he or she issues a certificate of release to service on behalf of an approved maintenance organisation for an aeronautical product in relation to maintenance carried out on the product; and (b) a requirement mentioned in regulation 42.795 is not met in relation to the issuing of the certificate. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. #### Subdivision 42.H.4.4—Form and issue of certificate of release to service #### 42.810 Form of certificate of release to service Maintenance that is not in‑house maintenance (1) A document is a certificate of release to service for an aeronautical product in relation to maintenance: (a) that is carried out on the product; and (b) that is not in‑house maintenance; only if the document is in the approved form. > Note: Under regulation 11.018, a certificate of release to service in the approved form is not complete unless it contains all of the information required by the form. In‑house maintenance (2) A document is a certificate of release to service for an aeronautical product in relation to in‑house maintenance carried out on the aeronautical product only if the document is: (a) in the approved form; or (b) in the form of an in‑house release document. > Note 1: Under regulation 11.018, a certificate of release to service in the approved form is not complete unless it contains all of the information required by the form. > Note 2: For the definition of in‑house release document, see Part 1 of the Dictionary. #### 42.815 How certificate of release to service is issued To issue a certificate of release to service on behalf of an approved maintenance organisation for an aeronautical product in relation to maintenance carried out on the product, an individual must: (a) sign the certificate; and (b) record the date of issue on the certificate. #### Subdivision 42.H.4.5—Record‑keeping and dealing with certificate of release to service #### 42.820 Additional record for certificate of release to service issued as in‑house release document (1) This regulation applies if a certificate of release to service for an aeronautical product in relation to in‑house maintenance carried out on the product is issued in the form of an in‑house release document. (2) The Part 145 organisation that carried out the in‑house maintenance must: (a) ensure that a record is made that contains the information that, if the certificate was issued in the approved form, would have been recorded on the approved form; and (b) retain the record until the end of 2 years after the date the organisation fits the aeronautical product to an aircraft or another aeronautical product. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. > Note: For the definition of in‑house release document, see Part 1 of the Dictionary. #### 42.825 Dealing with certificate of release to service (1) If an approved maintenance organisation issues a certificate of release to service for an aeronautical product in relation to maintenance carried out on the product, the organisation must: (a) give the certificate to the person to whom the product is released for use in an aircraft or another aeronautical product; and (b) retain a copy of the certificate for 2 years beginning on the date the certificate is issued. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Subpart 42.I—Airworthiness reviews and airworthiness review certificates ### Division 42.I.1—General #### 42.830 Application of Subpart This Subpart applies to an aircraft: (a) that is authorised to operate under an AOC; or (b) that is a large aircraft. #### 42.835 Purpose of Subpart This Subpart sets out: (a) requirements in relation to airworthiness review certificates and airworthiness reviews for aircraft operating under an AOC and large aircraft; and (b) the relationship between an airworthiness review certificate and a certificate of airworthiness. ### Division 42.I.2—Issue of airworthiness review certificates #### 42.840 Who may issue airworthiness review certificate (1) The continuing airworthiness management organisation for an aircraft may issue an airworthiness review certificate for the aircraft. (2) If a continuing airworthiness management organisation issues an airworthiness review certificate for the aircraft, the organisation must ensure that the certificate is issued on behalf of the organisation by an individual: (a) who is an airworthiness review employee of the organisation; and (b) whose authorisation as an airworthiness review employee permits the employee to issue an airworthiness review certificate for the aircraft. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. #### 42.845 Requirements to be met for issue of airworthiness review certificate The following are the requirements for the issue of an airworthiness review certificate for an aircraft: (a) the information entered into the certificate is correct; (b) an airworthiness review employee of the continuing airworthiness management organisation for the aircraft has carried out an airworthiness review for the aircraft in accordance with regulation 42.900; (c) a record of the findings of the review has been made in accordance with regulation 42.905; (d) any corrective action that was necessary to ensure that the requirements of subregulations 42.900(2) and (3) are met for the aircraft has been taken; (e) a record of action mentioned in paragraph (d) has been made in accordance with regulation 42.910; (f) the aircraft is airworthy. #### 42.850 Requirements to be met by continuing airworthiness management organisations before issuing airworthiness review certificate Obligation (1) A continuing airworthiness management organisation must ensure that an individual does not issue an airworthiness review certificate on its behalf for an aircraft unless the requirements mentioned in regulation 42.845 are met. Offence for breach of obligation (2) A continuing airworthiness management organisation commits an offence if: (a) an individual issues an airworthiness review certificate on its behalf for an aircraft; and (b) a requirement mentioned in regulation 42.845 is not met in relation to the issuing of the certificate. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. #### 42.855 Requirements to be met by individuals before issuing airworthiness review certificate Obligation (1) An individual must not issue an airworthiness review certificate for an aircraft unless the requirements mentioned in regulation 42.845 are met. Offence for breach of obligation (2) An individual commits an offence if: (a) he or she issues an airworthiness review certificate for an aircraft; and (b) a requirement mentioned in regulation 42.845 is not met in relation to the issuing of the certificate. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. #### 42.860 Form of airworthiness review certificate A document is an airworthiness review certificate only if it is in the approved form. > Note: Under regulation 11.018, an airworthiness review certificate in the approved form is not complete unless it contains all of the information required by the form. #### 42.865 How airworthiness review certificate is issued To issue an airworthiness review certificate for an aircraft, an individual must: (a) sign the certificate; and (b) record the date of issue and date of expiry on the certificate. #### 42.870 How long airworthiness review certificate remains in force An airworthiness review certificate remains in force: (a) for 1 year beginning on the day it is issued; and (b) if the time for which it is in force is extended under Division 42.I.3—until the end of the time for which it is in force is extended. ### Division 42.I.3—Extension of airworthiness review certificates #### 42.875 Who may extend airworthiness review certificate (1) The continuing airworthiness management organisation for an aircraft may extend the time for which an airworthiness review certificate for the aircraft is in force if the organisation: (a) issued the certificate; and (b) has been the continuing airworthiness management organisation for the aircraft since the date of issue of the certificate. (2) A continuing airworthiness management organisation commits an offence if: (a) it extends the time for which an airworthiness review certificate is in force; and (b) the extension is not permitted by subregulation (1). Penalty: 50 penalty units. (3) If a continuing airworthiness management organisation extends the time for which an airworthiness review certificate is in force, the organisation must ensure that the time for which the certificate is in force is extended on behalf of the organisation by an individual: (a) who is an airworthiness review employee of the organisation; and (b) whose authorisation as an airworthiness review employee permits the employee to issue an airworthiness review certificate for the aircraft. Penalty: 50 penalty units. (4) An offence against subregulation (2) or (3) is an offence of strict liability. #### 42.880 Requirements to be met for extension of airworthiness review certificate (1) This regulation sets out the requirements for extending the time for which an airworthiness review certificate for an aircraft is in force. (2) The time for which the certificate is in force may be extended only within the period of 90 days before the certificate is due to expire. (3) The time for which the certificate is in force is to be extended must be no more than 1 year starting immediately after the certificate is due to expire. (4) The time for which the certificate is in force may be extended no more than twice. (5) The aircraft must be airworthy. #### 42.885 Requirements to be met by continuing airworthiness management organisations before extension of airworthiness review certificate Obligation (1) A continuing airworthiness management organisation must ensure that an individual does not extend an airworthiness review certificate on its behalf for an aircraft unless the requirements mentioned in regulation 42.880 are met. Offence for breach of obligation (2) A continuing airworthiness management organisation commits an offence if: (a) an individual extends an airworthiness review certificate on its behalf for an aircraft; and (b) a requirement mentioned in regulation 42.880 is not met in relation to the issuing of the certificate. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. #### 42.890 Requirements to be met by individuals before extending airworthiness review certificate Obligation (1) An individual must not extend an airworthiness review certificate for an aircraft unless the requirements mentioned in regulation 42.880 are met. Offence for breach of obligation (2) An individual commits an offence if: (a) he or she extends an airworthiness review certificate for an aircraft; and (b) a requirement mentioned in regulation 42.880 is not met in relation to the issuing of the certificate. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. #### 42.895 How airworthiness review certificate is extended To extend the time for which an airworthiness review certificate is in force, an individual must: (a) sign the certificate; and (b) record on the certificate the date of the extension and the new date of expiry of the certificate. ### Division 42.I.4—Airworthiness review procedure #### 42.900 Airworthiness review procedure (1) This regulation sets out the procedure for carrying out an airworthiness review for an aircraft. (2) An airworthiness review employee of the continuing airworthiness management organisation for the aircraft must examine the continuing airworthiness records for the aircraft to determine whether the following requirements are met: (a) the details of the utilisation of the airframe, engine and propeller of the aircraft have been recorded in accordance with regulation 42.190; (b) maintenance required by the maintenance program for the aircraft has been carried out in accordance with the maintenance program; (c) critical control system maintenance recorded in the records has been dealt with in accordance with Division 42.D.5; (d) defects in the aircraft have been rectified in accordance with regulation 42.115; (e) if the rectification of defects in the aircraft have been deferred—the deferral was in accordance with Subdivision 42.D.6.1; (f) the requirements mentioned in paragraph 39.002(1)(b), (c) or (d) have been complied with for each airworthiness directive: (i) that applies to the aircraft or an aeronautical product fitted to the aircraft; and (ii) from the operation of which the aircraft or aeronautical product is not excluded under subregulation 39.002(2) or paragraph 39.004(2)(b) or (3)(b); (g) if a modification has been made to the aircraft—there is a Part 21 approval for the design of the modification; (h) for each aeronautical product that is fitted to the aircraft and has a life limit, the records: (i) correctly identify the aeronautical product; and (ii) show that the aeronautical product has not exceeded its life limit at the time the airworthiness review is carried out; (j) the following information for the aircraft is recorded in the records and is up to date: (i) the empty weight of the aircraft; (ii) the position of the centre of gravity on the aircraft when the aircraft is in its empty weight configuration; (k) the aircraft complies with its approved design. > Note: For paragraph (j), the empty weight of the aircraft, and the position of the centre of gravity on the aircraft when the aircraft is in its empty weight configuration, must be determined in accordance with the method set out in Civil Aviation Order 100.7—see regulation 42.185. (3) The airworthiness review employee must carry out a survey of the aircraft to determine whether the following requirements are met: (a) markings that are required, by or under these Regulations or by the aircraft’s type certification basis, to be on the aircraft: (i) are correct; and (ii) are in the correct position on the aircraft; (b) placards that are required, by or under these Regulations or by the aircraft’s type certification basis, to be fitted to the aircraft are correctly fitted; (c) the configuration of the aircraft complies with the aircraft’s approved design; (d) any defect in the aircraft that is apparent to the employee is recorded in the continuing airworthiness records system for the aircraft; (e) the aircraft’s flight manual is up to date and reflects the aircraft’s configuration; (f) the condition of the aircraft is consistent with the continuing airworthiness records for the aircraft. > Note 1: For paragraph (a), see Parts 45 and 90 and the Part 90 Manual of Standards. > Note 2: For paragraph (b), see Part 90 and the Part 90 Manual of Standards. > Note 3: For paragraph (e), for the definition of flight manual, see Part 1 of the Dictionary. ### Division 42.I.5—Administration #### 42.905 Record of findings of airworthiness review (1) If an airworthiness review employee of a continuing airworthiness management organisation has carried out an airworthiness review for an aircraft, the organisation must comply with subregulation (2) before the organisation issues an airworthiness review certificate for the aircraft. Penalty: 50 penalty units. (2) The organisation must ensure that the findings of the review, including whether the requirements of subregulations 42.900(2) and (3) are met for the aircraft, are recorded in writing. (3) An offence against subregulation (1) is an offence of strict liability. #### 42.910 Record of corrective action taken (1) If a continuing airworthiness management organisation takes corrective action to ensure that the requirements of subregulations 42.900(2) and (3) are met for an aircraft, the organisation must ensure that the action taken is recorded in writing before the organisation issues an airworthiness review certificate for the aircraft. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. #### 42.915 Retaining records relating to airworthiness review certificates (1) If a continuing airworthiness management organisation issues an airworthiness review certificate for an aircraft, the organisation must retain: (a) the record mentioned in subregulation 42.905(2) for the aircraft; and (b) the record mentioned in subregulation 42.910(1) for the aircraft (if any); and (c) a copy of the certificate; for 3 years beginning on the date of issue of the certificate. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. #### 42.920 Documents to be sent to CASA and registered operator (1) If a continuing airworthiness management organisation for an aircraft issues an airworthiness review certificate for the aircraft, the organisation must give a copy of the certificate to the following persons within 10 days after issuing the certificate: (a) CASA; (b) if the organisation is not the registered operator of the aircraft—the registered operator. Penalty: 50 penalty units. (2) If the organisation extends the time for which the certificate is in force, the organisation must give a copy of the certificate, with the extension recorded on it, to the following persons within 10 days after extending the time for which the certificate is in force: (a) CASA; (b) if the organisation is not the registered operator of the aircraft—the registered operator. Penalty: 50 penalty units. (3) An offence against subregulation (1) or (2) is an offence of strict liability. #### 42.925 Notice of decision not to issue airworthiness review certificate (1) If: (a) an airworthiness review employee of the continuing airworthiness management organisation for an aircraft carries out an airworthiness review for an aircraft; and (b) the organisation decides not to issue an airworthiness review certificate for the aircraft because a requirement mentioned in paragraph 42.845(d) or (f) is not met; the organisation must, within 2 days after making the decision, notify the persons mentioned in subregulation (2) of the decision and the reasons for the decision. Penalty: 50 penalty units. (2) The organisation must notify: (a) CASA; and (b) if the organisation is not the registered operator of the aircraft—the registered operator. (3) An offence against subregulation (1) is an offence of strict liability. ### Division 42.I.6—Relationship of airworthiness review certificate to certificate of airworthiness #### 42.930 Relationship with certificate of airworthiness (1) If the certificate of airworthiness for an aircraft expires or is cancelled, the airworthiness review certificate for the aircraft ceases to be in force at the same time as the certificate of airworthiness expires or is cancelled. (1A) If the certificate of airworthiness for an aircraft is taken to not be in force under subregulation 21.181(4) for a period, the airworthiness review certificate for the aircraft is taken to not be in force for the same period. (1B) For the purposes of subregulation (1A), the period during which the airworthiness review certificate is taken to not be in force counts as part of the period for which the certificate was issued. (2) If the certificate of airworthiness for an aircraft is suspended under regulation 21.181, the airworthiness review certificate for the aircraft is suspended for the same period as the certificate of airworthiness is suspended. Subpart 42.J—Approval of maintenance programs and variations of approved maintenance programs ### Division 42.J.1—Preliminary #### 42.935 Purpose of Subpart This Subpart sets out the process and requirements for: (a) approval of maintenance programs; and (b) approval of variations of approved maintenance programs. ### Division 42.J.2—Approval of maintenance programs by continuing airworthiness management organisations #### 42.940 Circumstances in which continuing airworthiness management organisations may approve proposed maintenance program (1) The continuing airworthiness management organisation for an aircraft may approve a proposed maintenance program for an aircraft if: (a) the aircraft is not authorised to operate under an Australian air transport AOC; and (b) the organisation’s approval under Subpart 42.G permits it to approve proposed maintenance programs under this Division for that type and model of aircraft. (2) If a continuing airworthiness management organisation approves a proposed maintenance program for an aircraft, the organisation must ensure that the program is approved on behalf of the organisation by an individual: (a) who is a maintenance program approval employee of the organisation; and (b) whose authorisation as a maintenance program approval employee permits the employee to approve a maintenance program for the aircraft. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. > Note 1: The continuing airworthiness management organisation for an aircraft may apply to CASA for approval of a proposed maintenance program for the aircraft—see subregulation 42.970(1). > Note 2: In some circumstances, the continuing airworthiness management organisation for an aircraft must apply to CASA for approval of a proposed maintenance program for the aircraft—see subregulation 42.970(2). #### 42.945 Requirements for approval of maintenance programs The following are the requirements for the approval of a proposed maintenance program for an aircraft by the continuing airworthiness management organisation for the aircraft: (a) the program complies with the requirements in the instructions for continuing airworthiness for the aircraft, and for aeronautical products fitted to the aircraft, that relate to maintenance that is required by the instructions to be carried out on a regular basis; (b) the program complies with the requirements specified in the Part 42 Manual of Standards. #### 42.950 Requirements to be met by continuing airworthiness management organisations before approving proposed maintenance programs Obligation (1) A continuing airworthiness management organisation must ensure that an individual does not approve a proposed maintenance program for an aircraft on its behalf unless the requirements mentioned in regulation 42.945 are met. Offence for breach of obligation (2) A continuing airworthiness management organisation commits an offence if: (a) an individual approves a proposed maintenance program for an aircraft on its behalf; and (b) a requirement mentioned in regulation 42.945 is not met in relation to the approval. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. #### 42.955 Requirements to be met by individuals before approving proposed maintenance programs Obligation (1) An individual must not approve a proposed maintenance program for an aircraft unless the requirements mentioned in regulation 42.945 are met. Offence for breach of obligation (2) An individual commits an offence if: (a) he or she approves a proposed maintenance program for an aircraft; and (b) a requirement mentioned in regulation 42.945 is not met in relation to the approval. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. #### 42.960 How approval is given To approve a proposed maintenance program for an aircraft, an individual must: (a) make a record that: (i) identifies the maintenance program to which it relates; and (ii) includes a statement to the effect that the maintenance program is approved; and (iii) includes the name and approval certificate reference number of the continuing airworthiness management organisation for the aircraft; and (b) sign and date the record. #### 42.965 Record‑keeping requirements (1) If a continuing airworthiness management organisation approves a proposed maintenance program, the organisation must retain, for the period during which the approved maintenance program is in effect, a copy of the following documents: (a) the approved maintenance program; (b) the record of the approval; (c) any other documents that support the approval. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. ### Division 42.J.3—Approval of maintenance programs by CASA #### 42.970 Application to CASA for approval of maintenance programs (1) The person responsible for continuing airworthiness for an aircraft may apply to CASA for approval of a proposed maintenance program for the aircraft. (2) The person responsible for continuing airworthiness for an aircraft must apply to CASA for approval of a proposed maintenance program for the aircraft if: (a) the proposed maintenance program does not comply with the requirements in the instructions for continuing airworthiness for the aircraft, or for an aeronautical product fitted to the aircraft, that relate to maintenance that is required by the instructions to be carried out on a regular basis; or (b) the person responsible for continuing airworthiness for the aircraft is a continuing airworthiness management organisation, but its approval under Subpart 42.G does not permit it to approve proposed maintenance programs under Division 42.J.2 for that type and model of aircraft; or (c) the aircraft is authorised to operate under an Australian air transport AOC. #### 42.975 Form of application An application to CASA for approval of a proposed maintenance program must: (a) be in writing; and (b) include a copy of the program; and (c) if the program does not comply with the requirements in the instructions for continuing airworthiness for the aircraft, or for an aeronautical product fitted to the aircraft, that relate to maintenance that is required by the instructions to be carried out on a regular basis—include the technical justification for the non‑compliance. #### 42.980 Approval of maintenance programs by CASA Subject to regulation 11.055, CASA must approve a proposed maintenance program for an aircraft if CASA is satisfied that the program: (a) complies with the requirements specified in the Part 42 Manual of Standards; and (b) adequately provides for the continuing airworthiness of the aircraft. > Note 1: See Part 11 for other matters relating to applications and decisions. > Note 2: Under regulation 201.004, an application may be made to the Administrative Review Tribunal for review of: (a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or (b) a decision imposing a condition on an approval. ### Division 42.J.4—Approval of variations of approved maintenance programs by continuing airworthiness management organisations #### 42.985 Circumstances in which continuing airworthiness management organisations may approve proposed variations (1) The continuing airworthiness management organisation for an aircraft may approve a proposed variation of the approved maintenance program for the aircraft if the organisation’s approval under Subpart 42.G permits it to approve proposed variations of maintenance programs under this Division for that type and model of aircraft. (2) If a continuing airworthiness management organisation approves a proposed variation of an approved maintenance program for an aircraft, the organisation must ensure that the program is approved on behalf of the organisation by an individual: (a) who is a maintenance program approval employee of the organisation; and (b) whose authorisation as a maintenance program approval employee permits the employee to approve a maintenance program for the aircraft. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. > Note 1: The continuing airworthiness management organisation for an aircraft may apply to CASA for approval of a proposed variation of the approved maintenance program for the aircraft—see subregulation 42.1015(1). > Note 2: In some circumstances, a continuing airworthiness management organisation for an aircraft must apply to CASA for approval of a proposed variation of the approved maintenance program for the aircraft—see subregulation 42.1015(2). #### 42.990 Requirements to be met for approval of variations of maintenance programs The following are the requirements for the approval of a variation of a proposed maintenance program for an aircraft by the continuing airworthiness management organisation for the aircraft: (a) the program, as varied by the proposed variation, would comply with the requirements in the instructions for continuing airworthiness for the aircraft, and for aeronautical products fitted to the aircraft, that relate to maintenance that is required by the instructions to be carried out on a regular basis; (b) the approved maintenance program for the aircraft, as varied by the proposed variation, would comply with the requirements specified in the Part 42 Manual of Standards. #### 42.995 Requirements to be met by continuing airworthiness management organisations before approving proposed variations Obligation (1) A continuing airworthiness management organisation must ensure that an individual does not approve a proposed variation to an approved maintenance program for an aircraft on its behalf unless the requirements mentioned in regulation 42.990 are met. Offence for breach of obligation (2) A continuing airworthiness management organisation commits an offence if: (a) an individual approves a proposed variation to an approved maintenance program for an aircraft on its behalf; and (b) a requirement mentioned in regulation 42.990 is not met in relation to the approval. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. #### 42.1000 Requirements to be met by individuals before approving proposed variations Obligation (1) An individual must not approve a proposed variation to an approved maintenance program for an aircraft unless the requirements mentioned in regulation 42.990 are met. Offence for breach of obligation (2) An individual commits an offence if: (a) he or she approves a proposed variation of an approved maintenance program for an aircraft; and (b) a requirement mentioned in regulation 42.990 is not met in relation to the approval. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. #### 42.1005 How approval is given To approve a proposed variation of an approved maintenance program for an aircraft, an individual must: (a) make a record that: (i) identifies the maintenance program to which it relates; and (ii) includes details of the variation to which it relates; and (iii) includes a statement to the effect that the variation is approved; and (iv) includes the name and approval certificate reference number of the continuing airworthiness management organisation for the aircraft; and (b) sign and date the record. #### 42.1010 Record‑keeping requirements (1) If a continuing airworthiness management organisation approves a proposed variation to an approved maintenance program, the organisation must retain, for the period during which the approved maintenance program is in effect, a copy of the following documents: (a) the approved variation; (b) the record of the approval; (c) any other documents that support the approval. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. ### Division 42.J.5—Approval of variations of approved maintenance programs by CASA #### 42.1015 Application to CASA for approval of variations of approved maintenance programs (1) The person responsible for continuing airworthiness for an aircraft may apply to CASA for approval of a proposed variation of the approved maintenance program for the aircraft. (2) The person responsible for continuing airworthiness for an aircraft must apply to CASA for approval of a proposed variation of the approved maintenance program for the aircraft if: (a) the program, as varied by the proposed variation, would not comply with the requirements in the instructions for continuing airworthiness for the aircraft, or for an aeronautical product fitted to the aircraft, that relate to maintenance that is required by the instructions to be carried out on a regular basis; or (b) the person responsible for continuing airworthiness for the aircraft is a continuing airworthiness management organisation, but its approval under Subpart 42.G does not permit it to approve variations of maintenance programs under Division 42.J.4. #### 42.1020 Form of application An application to CASA for approval of a proposed variation of an approved maintenance program for an aircraft must: (a) be in writing; and (b) include the following: (i) a copy of the variation; (ii) the technical justification for the variation. #### 42.1025 Approval of variations by CASA Subject to regulation 11.055, CASA must approve a proposed variation of an approved maintenance program for an aircraft if CASA is satisfied that the program, as varied by the proposed variation: (a) would comply with the requirements specified in the Part 42 Manual of Standards; and (b) would adequately provide for the continuing airworthiness of the aircraft. > Note 1: See Part 11 for other matters relating to applications and decisions. > Note 2: Under regulation 201.004, an application may be made to the Administrative Review Tribunal for review of: (a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or (b) a decision imposing a condition on an approval. Subpart 42.K—Directions to vary approved maintenance programs #### 42.1030 Purpose of Subpart This Subpart: (a) empowers CASA to give directions to vary approved maintenance programs and approved reliability programs; and (b) requires the person responsible for continuing airworthiness for an aircraft to comply with a direction. #### 42.1035 CASA may direct variations of approved maintenance programs (1) CASA may direct the person responsible for continuing airworthiness for an aircraft to vary the approved maintenance program for the aircraft: (a) to include a particular requirement for maintenance in the program; or (b) to vary a requirement for maintenance in the program. (2) CASA may give the direction only if CASA is satisfied that it is necessary to do so to ensure that the program will adequately provide for the continuing airworthiness of the aircraft. (3) A direction under this regulation must: (a) be in writing; and (b) specify the time within which the direction must be complied with. (4) The person must comply with the direction within the time specified in the direction. Penalty: 50 penalty units. (5) An offence against subregulation (4) is an offence of strict liability. Subpart 42.L—Approval of reliability programs and variations of approved reliability programs ### Division 42.L.1—Preliminary #### 42.1040 Purpose of Subpart This Subpart sets out the requirements for: (a) approval of reliability programs for aircraft to which regulation 42.155 applies; and (b) approval of variations of approved reliability programs. ### Division 42.L.2—Approval of reliability programs #### 42.1045 Application for approval of reliability programs (1) The person responsible for continuing airworthiness for an aircraft to which regulation 42.155 applies may apply, in writing, to CASA for approval of a proposed reliability program for the aircraft. (2) The application must include a copy of the program. #### 42.1050 Approval of reliability programs Subject to regulation 11.055, CASA must approve the program if CASA is satisfied that the program complies with the requirements specified in the Part 42 Manual of Standards. > Note 1: See Part 11 for other matters relating to applications and decisions. > Note 2: Under regulation 201.004, an application may be made to the Administrative Review Tribunal for review of: (a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or (b) a decision imposing a condition on an approval. ### Division 42.L.3—Approval of variations of approved reliability programs #### 42.1055 Application for approval of variations of approved reliability programs (1) The person responsible for continuing airworthiness for an aircraft for which there is an approved reliability program may apply, in writing, to CASA for approval of a proposed variation of the program. (2) The application must include a copy of the variation. #### 42.1060 Approval of variations of approved reliability programs Subject to regulation 11.055, CASA must approve the variation if CASA is satisfied that the program, as varied by the proposed variation, would comply with the requirements specified in the Part 42 Manual of Standards. > Note 1: See Part 11 for other matters relating to applications and decisions. > Note 2: Under regulation 201.004, an application may be made to the Administrative Review Tribunal for review of: (a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or (b) a decision imposing a condition on an approval. Subpart 42.M—Requirements for pilots #### 42.1065 Purpose of Subpart This Subpart sets out requirements for pilots. #### 42.1070 Pre‑flight inspection—all aircraft (1) If an aircraft’s flight manual requires a pre‑flight inspection of the aircraft to be carried out before the aircraft is operated for a flight, the pilot in command of the aircraft must ensure that a pre‑flight inspection of the aircraft is carried out before the aircraft is operated for the flight. Penalty: 50 penalty units. > Note: For the definition of flight manual, see Part 1 of the Dictionary. (2) An offence against subregulation (1) is an offence of strict liability. #### 42.1075 Recording information in flight technical log—all aircraft Defects and exceeding operating limits (1) The pilot in command of an aircraft for a flight (the first flight) must ensure that, before the aircraft is next operated for flight, the following information is recorded in the flight technical log for the aircraft: (a) details of any defect of which the pilot becomes aware during the operation of the aircraft, including: (i) any abnormal instrument indication; and (ii) any abnormal behaviour by the aircraft; (b) any instance of the exceeding of an operating limit specified in the aircraft’s flight manual during the first flight. Penalty: 50 penalty units. > Note: For paragraph (b), for the definition of flight manual, see Part 1 of the Dictionary. Utilisation information mentioned in regulation 42.190 (2) If the flight technical log for an aircraft is capable of containing the information mentioned in regulation 42.190 for each flight for the aircraft, the pilot in command of the aircraft for a flight must record that information for the flight in the log before the aircraft is next operated for flight. Penalty: 50 penalty units. (3) Strict liability applies to paragraph (1)(b). (4) An offence against subregulation (2) is an offence of strict liability. Subpart 42.N—Record‑keeping requirements #### 42.1080 Purpose of Subpart This Subpart sets out requirements for records made under this Part. #### 42.1085 Requirements for making records made under Part (1) If a person is required to record information under this Part, or to ensure that information is recorded, the person must ensure that the record: (a) is written in a legible form in English; and (b) will remain legible for the time for which the record is required, by this Part, to be kept. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. #### 42.1090 Requirements for keeping records made under Part (1) If a person is required to record information under this Part, or to ensure that information is recorded, the person must ensure that the record is kept: (a) in a system that allows the record to be retrieved; and (b) in a manner that protects the record from being lost, damaged or accidentally altered. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. #### 42.1095 Change to records made under Part (1) If a person makes a change to a record made under this Part, the person must make the change in a manner: (a) that retains the original record; and (b) that identifies himself or herself; and (c) that includes the date the change is made. Penalty: 50 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Subpart 42.O—Copying or disclosing cockpit voice recording information #### 42.1100 Purpose of Subpart This Subpart sets out the authorisation of persons for paragraph 32AP(3A)(a) of the Act. #### 42.1105 Authorisation of persons for paragraph 32AP(3A)(a) of Act For paragraph 32AP(3A)(a) of the Act, the following persons are authorised: (a) a person who: (i) is a staff member within the meaning of the Transport Safety Investigation Act 2003; and (ii) has had training with respect to the replay and analysis of cockpit voice recordings; and (iii) has been briefed on the requirements of Part IIIB of the Act; (b) a person who: (i) is to check on behalf of an approved maintenance organisation whether equipment used to make a cockpit voice recording is functioning and reliable; and (ii) has had training from the organisation with respect to the replay and analysis of cockpit voice recordings; and (iii) has been briefed by the organisation on the requirements of Part IIIB of the Act.