Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:4:p33
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 4 (pt 33/105)
Character Range: 727633–730747

Part to be given to CASA
 (1) If:
 (a) a continuing airworthiness management organisation enters into a contract with the registered operator of an aircraft as mentioned in regulation 42.040 or 42.045; and
 (b) the organisation has reasonable grounds to believe that the registered operator has contravened a provision of this Part;
the organisation must give CASA written notice of the contravention within 7 days after the organisation forms the belief that the contravention has occurred.
Penalty: 50 penalty units.
 (2) If the organisation is an individual, he or she is not excused from giving a notice under subregulation (1) on the ground that the information in the notice might tend to incriminate the individual or expose the individual to a penalty.
 (3) However:
 (a) the information in the notice; or
 (b) any information, document or thing obtained as a direct or indirect consequence of giving the notice;
is not admissible in evidence against the individual in criminal proceedings other than proceedings for an offence against subsections 136.1(1) or (4), 137.1(1) or 137.2(1) of the Criminal Code.
Note 1: Subsections 136.1(1) and (4), 137.1(1) and 137.2(1) of the Criminal Code provide for offences in relation to false or misleading statements in applications and false or misleading information or documents.
Note 2: See regulation 42.075 for the equivalent requirement for a registered operator.
Subpart 42.H—Maintenance certification and certificate of release to service

Division 42.H.1—General

42.680  Purpose of Subpart
  This Subpart sets out requirements for the performance of maintenance certification and the issue of certificates of release to service when maintenance has been carried out.

Division 42.H.2—Maintenance certification for maintenance carried out on aircraft

Subdivision 42.H.2.1—Application of Division

42.685  Application of Division
  This Division applies if an individual carries out maintenance on an aircraft.

Subdivision 42.H.2.2—Who must perform maintenance certification

42.690  Approved maintenance organisations
 (1) If the maintenance is carried out by an individual on behalf of an approved maintenance organisation, the organisation must ensure that maintenance certification for the maintenance is performed on behalf of the organisation:
 (a) by an individual mentioned in subregulation (2); and
 (b) before the organisation issues a certificate of release to service for the aircraft in relation to the maintenance.
Penalty: 50 penalty units.
 (2) For paragraph (1)(a), the individual must be a certifying employee of the organisation:
 (a) whose certification authorisation permits him or her to perform maintenance certification for the maintenance; and
 (b) who carried out the maintenance, or supervised the carrying out of the maintenance by another individual.
 (3) An offence against subregulation (1) is an offence of strict liability.

42.695  Individuals performing maintenance certification on behalf of approved maintenance organisations

Obligation
 (1) An individual must not perform maintenance certification for the maintenance