Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:4:p12
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 4 (pt 12/105)
Character Range: 671582–674357

and
 (d) the fitting of the part is permitted under subregulation (5).
Note: For the definition of eligible to be fitted, see regulation 42.015.
 (3) For subparagraph (2)(a)(ii), the part may be fitted if:
 (a) the operation of the aircraft for a flight with the defect is permitted by the minimum equipment list for the aircraft; and
 (b) subregulation (4) does not apply to the part.
 (4) This regulation applies to a part if:
 (a) before the proposed fitting of the part, the part was fitted to an aircraft; and
 (b) the aircraft to which the part was most recently fitted was operated for a flight with the defect; and
 (c) the operation of the aircraft for the flight with the defect was permitted by the minimum equipment list for that aircraft.
 (5) For paragraph (2)(d), the part may be fitted if:
 (a) for a part on which maintenance has not been carried out since its manufacture, and that has not been used in an aircraft since its manufacture:
 (i) an authorised release certificate has been issued for the part in relation to its manufacture; or
 (ii) the fitting of the part is permitted under regulation 42.435 or 42.440; or
 (b) for a part on which maintenance has been carried out, and that has not been used in an aircraft since the maintenance was carried out:
 (i) an authorised release certificate has been issued for the part in relation to the maintenance; or
 (ii) if the maintenance was in‑house maintenance—an in‑house release document has been issued for the part in relation to the maintenance; or
 (iii) the fitting of the part is permitted under regulation 42.440; or
 (c) the fitting of the part is permitted under regulation 42.430.

42.425  Obligations and offences for fitting parts other than standard parts

Obligation for approved maintenance organisation
 (1) An approved maintenance organisation must ensure that an individual who carries out maintenance on its behalf complies with subregulation 42.420(1).

Offence for breach of obligation
 (2) An approved maintenance organisation commits an offence if:
 (a) an individual is carrying out maintenance on an aircraft or aeronautical product on behalf of the organisation; and
 (b) the individual fits a part that is not a standard part to the aircraft or aeronautical product; and
 (c) the fitting of the part is not permitted by subregulation 42.420(1).
Penalty: 50 penalty units.

Obligation for independent maintainer
 (3) An independent maintainer must:
 (a) comply with subregulation 42.420(1) when carrying out maintenance on an aircraft; and
 (b) if the independent maintainer is supervising the carrying out of maintenance on an aircraft by another individual—ensure that the individual complies with subregulation 42.420(1).
Note: A person mentioned in item 1 of table 42.300