Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:4:p36
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 4 (pt 36/105)
Character Range: 736193–739145

maintenance; and
 (c) the organisation releases the aircraft to another person.
Penalty: 50 penalty units.

Obligation—independent maintainer
 (3) If an independent maintainer carries out maintenance on an aircraft, or supervises the carrying out of maintenance on an aircraft by another individual, the independent maintainer must not release the aircraft to another person unless the independent maintainer has issued 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).

Offence for breach of obligation
 (4) An independent maintainer commits an offence if:
 (a) the independent maintainer carries out maintenance on an aircraft, or supervises the carrying out of maintenance on an aircraft by another individual; and
 (b) the independent maintainer has not issued a certificate of release to service for the aircraft in relation to the maintenance; and
 (c) the independent maintainer releases the aircraft to another person.
Penalty: 50 penalty units.
 (5) An offence against subregulation (2) or (4) is an offence of strict liability.

Subdivision 42.H.3.2—Who may issue certificate of release to service

42.730  Approved maintenance organisations
 (1) If maintenance was carried out on an aircraft on behalf of an approved maintenance organisation, the organisation may issue a certificate of release to service for the aircraft in relation to the maintenance.
 (2) If an approved maintenance organisation issues a certificate of release to service for the aircraft 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 aircraft in relation to the maintenance.
Penalty: 50 penalty units.
 (3) An offence against subregulation (2) is an offence of strict liability.

42.735  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 aircraft in relation to maintenance carried out on the aircraft 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 aircraft 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 aircraft in relation to maintenance carried out on the aircraft; and
 (b) at the time of issuing