Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:4:p3
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 4 (pt 3/105)
Character Range: 646957–649905

table 42.300 must not carry out maintenance on an aircraft unless the independent maintainer is competent to carry out the maintenance.
 (6) An independent maintainer must not supervise the carrying out of maintenance on an aircraft by another individual unless the independent maintainer is competent to carry out the maintenance.
Note 1: The competence of an independent maintainer mentioned in item 4 or 5 of table 42.300 to carry out maintenance is dealt with by a continuing airworthiness management organisation—see paragraph 42.630(2)(e).
Note 2: 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).

Offences for breach of obligation
 (7) An independent maintainer mentioned in item 1 or 3 of table 42.300 commits an offence if:
 (a) he or she carries out maintenance on an aircraft; and
 (b) he or she is not competent to carry out the maintenance.
Penalty: 50 penalty units.
 (8) An independent maintainer commits an offence if:
 (a) the independent maintainer supervises the carrying out of maintenance on an aircraft by another individual; and
 (b) the independent maintainer is not competent to carry out the maintenance.
Penalty: 50 penalty units.

42.320  Restriction on maintenance that independent maintainers may instruct or permit supervised individuals to carry out
 (1) An independent maintainer who is supervising the carrying out of maintenance by another individual must not instruct or permit the individual to carry out maintenance that the independent maintainer is not permitted to carry out.
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).
 (2) An offence against subregulation (1) is an offence of strict liability.

42.325  Maintenance involving modifications and certain repairs

Obligation
 (1) This regulation applies if an individual carries out maintenance on an aircraft or aeronautical product that involves:
 (a) making a modification to the aircraft or aeronautical product; or
 (b) a repair of the aircraft or aeronautical product that involves a change to the approved design for the aircraft or aeronautical product.
 (2) Before a certificate of release to service is issued for the aircraft or aeronautical product in relation to the maintenance, the individual must ensure that:
 (a) there is a Part 21 approval for the design of the modification or repair; and
 (b) the modification or repair complies with the design.
Note: For who issues a certificate of release to service for an aircraft, see Subdivision 42.H.3.2. For who issues a certificate of release to service for an aeronautical product, see Subdivision 42.H.4.2.

Offence—approved maintenance organisation
 (3) An approved