Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:4:p35
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 4 (pt 35/105)
Character Range: 733249–736480

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