Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:4:p6
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 4 (pt 6/105)
Character Range: 655295–658277

independent individual commits an offence if:
 (a) he or she records the information mentioned in subregulation (3) in the continuing airworthiness records system for an aircraft in relation to critical control system maintenance carried out on the aircraft; and
 (b) the recording of the information is not permitted under subregulation (1).
Penalty: 50 penalty units.
 (3) The information is the following:
 (a) that the individual has verified the matters mentioned in subregulation (1);
 (b) information identifying the critical control system maintenance to which the verification related;
 (c) the individual's name, signature and licence or certification authorisation number;
 (d) the date the verification was performed.

Division 42.D.6—Requirements for dealing with defects

Subdivision 42.D.6.1—Dealing with defects

42.350  Meaning of qualified individual
 (1) For a defect in an aircraft that is authorised to operate under an Australian air transport AOC or a large aircraft, qualified individual means a certifying employee of a Part 145 organisation who is authorised to perform maintenance certification for the maintenance that would be necessary to rectify the defect.
 (2) For a defect in an aircraft, other than an aircraft mentioned in subregulation (1), qualified individual means a licensed aircraft maintenance engineer whose aircraft engineer licence permits the holder to perform maintenance certification for the maintenance that would be necessary to rectify the defect.

42.355  Recording defects
  If an individual:
 (a) is carrying out maintenance on an aircraft; and
 (b) is, or becomes, aware of a defect in the aircraft;
the individual must ensure that the defect is recorded in the continuing airworthiness records system for the aircraft before a certificate of release to service is issued for the aircraft in relation to the maintenance.
Penalty: 50 penalty units.
Note: For who issues a certificate of release to service for an aircraft, see Subdivision 42.H.3.2.

42.360  When qualified individual may defer rectification of defect
 (1) A qualified individual may defer the rectification of a defect in an aircraft only if the deferral is permitted by subregulation (3).
 (2) The qualified individual commits an offence if:
 (a) he or she defers the rectification of the defect; and
 (b) the deferral is not permitted by subregulation (3).
Penalty: 50 penalty units.
 (3) Deferral of the rectification of the defect is permitted only if:
 (a) the defect does not adversely affect the airworthiness of the aircraft; or
 (b) the operation of the aircraft for a flight with the defect is permitted by any of the following:
 (i) the instructions for continuing airworthiness for the aircraft;
 (ii) the minimum equipment list for the aircraft;
 (iii) the configuration deviation list for the aircraft;
 (iv) an airworthiness directive; or
 (c) the defect is approved as a permissible unserviceability under regulation 21.007; or
 (d) the defect