Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p2
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 2/4)
Character Range: 625779–628667

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