Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:4:p37
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 4 (pt 37/105)
Character Range: 738919–741826

an offence if:
 (a) he or she issues a certificate of release to service on behalf of an approved maintenance organisation for an aircraft in relation to maintenance carried out on the aircraft; 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 aircraft in relation to the maintenance.
Penalty: 50 penalty units.
 (3) An offence against subregulation (2) is an offence of strict liability.

42.740  Independent maintainers
 (1) If an independent maintainer carries out maintenance on an aircraft, the independent maintainer may issue a certificate of release to service for the aircraft in relation to the maintenance.
 (2) If an individual mentioned in item 2 of table 42.300 carries out maintenance on an aircraft, the independent maintainer who supervised the carrying out of the maintenance may issue a certificate of release to service for the aircraft in relation to the maintenance.
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).
 (3) An independent maintainer commits an offence if:
 (a) the independent maintainer issues a certificate of release to service for an aircraft in relation to maintenance carried out on the aircraft; and
 (b) the issuing of the certificate by the independent maintainer is not permitted by subregulation (1) or (2).
Penalty: 50 penalty units.
 (4) An offence against subregulation (3) is an offence of strict liability.

Subdivision 42.H.3.3—Requirements for issuing certificate of release to service

42.745  Requirements to be met before certificate of release to service may be issued
  The following are the requirements for the issue of a certificate of release to service for an aircraft in relation to maintenance carried out on the aircraft:
 (a) the certificate complies with regulation 42.760;
 (b) the information entered into the certificate is correct;
 (c) maintenance certification has been performed for all of the maintenance;
 (d) if the maintenance included critical control system maintenance—the information mentioned in subregulation 42.345(3) has been recorded in the continuing airworthiness records system for the aircraft in relation to the critical control system maintenance;
 (e) in respect of the maintenance, the aircraft is airworthy;
 (f) if 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:
 (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