Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:4:p40
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 4 (pt 40/105)
Character Range: 746984–749899

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