Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:4:p13
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 4 (pt 13/105)
Character Range: 674090–676847

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