Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:15:p161
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 15 (pt 161/182)
Character Range: 564008–566869

permit for the flight; or
 (ii) the rectification of the defect is deferred in accordance with Subdivision 42.D.6.1; or
 (iii) the defect is in an item of operational or emergency equipment that:
 (A) is fitted to the aircraft; and
 (B) is not required by the certification basis for the aircraft; and
 (C) is not required by or under these Regulations for the operation of the aircraft for the flight; and
 (f) the flight technical log for the aircraft records the details of any defect in the aircraft mentioned in subparagraph (e)(i) or (iii).
Note 1: For paragraph (b), under subregulation 42.760(2), a certificate of release to service for an aircraft in relation to maintenance carried out on the aircraft must be included in the flight technical log for the aircraft.
Note 2: For subparagraph (c)(ii), for how long an airworthiness review certificate remains in force, see regulation 42.870.
 (3) An offence against subregulation (1) is an offence of strict liability.

42.035  Condition of AOC—aircraft authorised to operate under AOCs
  For paragraph 28BA(1)(b) of the Act, it is a condition of an AOC that the requirements of regulation 42.040 are met for each aircraft that is authorised to operate under the AOC.

42.040  Aircraft authorised to operate under AOCs and large aircraft must have continuing airworthiness management organisations

Aircraft authorised to operate under Australian air transport AOC
 (1) The registered operator of an aircraft that is authorised to operate under an Australian air transport AOC must be approved by CASA under Subpart 42.G as a continuing airworthiness management organisation for the type and model of aircraft.

Aircraft authorised to operate under AOC other than Australian air transport AOC
 (2) The registered operator of an aircraft that is authorised to operate under an AOC, other than an Australian air transport AOC, must:
 (a) be approved by CASA under Subpart 42.G as a continuing airworthiness management organisation for the type and model of aircraft; or
 (b) have a contract with a single continuing airworthiness management organisation for that organisation to ensure that all of the requirements mentioned in Divisions 42.C.2, 42.C.3 and 42.C.4 are met for the aircraft.

Large aircraft not authorised to operate under AOC
 (3) The registered operator of a large aircraft that is not authorised to operate under an AOC must:
 (a) be approved by CASA under Subpart 42.G as a continuing airworthiness management organisation for the type and model of aircraft; or
 (b) have a contract with a single continuing airworthiness management organisation for that organisation to ensure that all of the requirements mentioned in Divisions 42.C.2, 42.C.3 and 42.C.4 are met for the aircraft.

42.045  Small aircraft not authorised to operate under AOCs may have continuing airworthiness management