Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:4:p51
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 4 (pt 51/105)
Character Range: 776750–779781

the requirements in the instructions for continuing airworthiness for the aircraft, or for an aeronautical product fitted to the aircraft, that relate to maintenance that is required by the instructions to be carried out on a regular basis; or
 (b) the person responsible for continuing airworthiness for the aircraft is a continuing airworthiness management organisation, but its approval under Subpart 42.G does not permit it to approve proposed maintenance programs under Division 42.J.2 for that type and model of aircraft; or
 (c) the aircraft is authorised to operate under an Australian air transport AOC.

42.975  Form of application
  An application to CASA for approval of a proposed maintenance program must:
 (a) be in writing; and
 (b) include a copy of the program; and
 (c) if the program does not comply with the requirements in the instructions for continuing airworthiness for the aircraft, or for an aeronautical product fitted to the aircraft, that relate to maintenance that is required by the instructions to be carried out on a regular basis—include the technical justification for the non‑compliance.

42.980  Approval of maintenance programs by CASA
  Subject to regulation 11.055, CASA must approve a proposed maintenance program for an aircraft if CASA is satisfied that the program:
 (a) complies with the requirements specified in the Part 42 Manual of Standards; and
 (b) adequately provides for the continuing airworthiness of the aircraft.
Note 1: See Part 11 for other matters relating to applications and decisions.
Note 2: Under regulation 201.004, an application may be made to the Administrative Review Tribunal for review of:
(a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or
(b) a decision imposing a condition on an approval.

Division 42.J.4—Approval of variations of approved maintenance programs by continuing airworthiness management organisations

42.985  Circumstances in which continuing airworthiness management organisations may approve proposed variations
 (1) The continuing airworthiness management organisation for an aircraft may approve a proposed variation of the approved maintenance program for the aircraft if the organisation's approval under Subpart 42.G permits it to approve proposed variations of maintenance programs under this Division for that type and model of aircraft.
 (2) If a continuing airworthiness management organisation approves a proposed variation of an approved maintenance program for an aircraft, the organisation must ensure that the program is approved on behalf of the organisation by an individual:
 (a) who is a maintenance program approval employee of the organisation; and
 (b) whose authorisation as a maintenance program approval employee permits the employee to approve a maintenance program for the aircraft.
Penalty: 50 penalty units.
 (3) An offence against subregulation (2) is an offence of strict liability.
Note 1: The continuing airworthiness management organisation for an aircraft may apply