Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:4:p34
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 4 (pt 34/105)
Character Range: 730432–733512

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 on behalf of an approved maintenance organisation unless:
 (a) he or she is a certifying employee of the organisation whose certification authorisation permits him or her to perform maintenance certification for the maintenance; and
 (b) he or she carried out the maintenance, or supervised the carrying out of the maintenance by another individual.

Offence for breach of obligation
 (2) An individual commits an offence if:
 (a) he or she performs maintenance certification for the maintenance on behalf of an approved maintenance organisation; and
 (b) either:
 (i) at the time of performing the maintenance certification, he or she is not a certifying employee of the organisation whose certification authorisation permits him or her to perform the maintenance certification; or
 (ii) he or she did not carry out the maintenance, or supervise the carrying out of the maintenance by another individual.
Penalty: 50 penalty units.
 (3) An offence against subregulation (2) is an offence of strict liability.

42.700  Independent maintainers
 (1) If the maintenance is carried out by an independent maintainer, the independent maintainer must perform maintenance certification for the maintenance before the independent maintainer issues a certificate of release to service for the aircraft in relation to the maintenance.
Penalty: 50 penalty units.
 (2) If the maintenance is carried out by an individual mentioned in item 2 of table 42.300, the independent maintainer who supervised the carrying out of the maintenance must perform maintenance certification for the maintenance before the independent maintainer issues a certificate of release to service for the aircraft in relation to the maintenance.
Penalty: 50 penalty units.
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).
 (3) An offence against subregulation (1) or (2) is an offence of strict liability.

Subdivision 42.H.2.3—Requirements for performing maintenance certification

42.705  Requirements to be met by individuals before performing maintenance certification

Obligation
 (1) An individual must not perform maintenance certification for the maintenance unless he or she has ensured that:
 (a) the maintenance has been carried out in accordance with:
 (i) this Part; and
 (ii) Part 145, if applicable; and
 (b) the information required by regulation 42.395 for the maintenance has been recorded.

Offence for breach of obligation
 (2) An individual commits an offence if:
 (a) he or she performs maintenance certification; and
 (b) he or she did not comply with subregulation (1) before performing the maintenance certification.
Penalty: 50