Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:4:p38
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 4 (pt 38/105)
Character Range: 741555–744400

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