Document ID: chunk:federal_register_of_legislation:F2024C00887:reg:51a
Version: federal_register_of_legislation:F2024C00887
Segment Type: reg
Provision Reference: reg 51A
Character Range: 151553–153095

51A  Reporting of defects in Australian aircraft: major defects
 (1) This regulation applies to major defects:
 (a) that have caused, or that could cause, a primary structural failure in an aircraft; or
 (b) that have caused, or that could cause, a control system failure in an aircraft; or
 (c) that have caused, or that could cause, an engine structural failure in an aircraft; or
 (d) caused by, that have caused, or that could cause, fire in an aircraft.
 (2) If a person connected with the operation of, or the carrying out of maintenance on, an Australian aircraft discovers a defect in the aircraft, being a defect of a kind to which this regulation applies, the person must report the defect to CASA immediately.
Penalty: 50 penalty units.
 (2A) An offence against subregulation (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (3) A person must not prevent another person from reporting a defect of a kind to which this regulation applies.
Penalty: 50 penalty units.
 (4) It is a defence to a prosecution under subregulation (2) if the person charged establishes:
 (a) a reason for not being able to report the defect to CASA immediately; and
 (b) that the reason was:
 (i) by its nature such as to prevent the person reporting the defect to CASA immediately; or
 (ii) that the defect required further investigation to discover the extent of the defect; and
 (c) that the person reported the defect to CASA as soon as he or she was not prevented by the reason from doing so.