Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:4:p41
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 4 (pt 41/105)
Character Range: 749629–752524

is an offence of strict liability.

Subdivision 42.H.4.3—Requirements for issuing certificate of release to service

42.795  Requirements to be met before certificate of release to service may be issued
  The following are the requirements for the issue of a certificate of release to service for an aeronautical product in relation to maintenance carried out on the product:
 (a) the information entered into the certificate for the maintenance is correct;
 (b) the maintenance is complete;
 (c) the maintenance was carried out in accordance with:
 (i) this Part; and
 (ii) Part 145, if applicable;
 (d) in respect of the maintenance, the product is serviceable.

42.800  Requirements to be met by approved maintenance organisations before issuing certificate of release to service

Obligation
 (1) An approved maintenance organisation must ensure that an individual does not issue a certificate of release to service on its behalf for an aeronautical product in relation to maintenance carried out on the product unless the requirements mentioned in regulation 42.795 are met.

Offence for breach of obligation
 (2) An approved maintenance organisation commits an offence if:
 (a) an individual issues a certificate of release to service on its behalf for an aeronautical product in relation to maintenance carried out on the product; and
 (b) a requirement mentioned in regulation 42.795 is not met in relation to the issuing of the certificate.
Penalty: 50 penalty units.
 (3) An offence against subregulation (2) is an offence of strict liability.

42.805  Requirements to be met by individuals before issuing certificate of release to service

Obligation
 (1) An individual must not issue a certificate of release to service on behalf of an approved maintenance organisation for an aeronautical product in relation to maintenance carried out on the product unless the requirements mentioned in regulation 42.795 are met.

Offence for breach of obligation
 (2) An individual commits an offence if:
 (a) he or she issues a certificate of release to service on behalf of an approved maintenance organisation for an aeronautical product in relation to maintenance carried out on the product; and
 (b) a requirement mentioned in regulation 42.795 is not met in relation to the issuing of the certificate.
Penalty: 50 penalty units.
 (3) An offence against subregulation (2) is an offence of strict liability.

Subdivision 42.H.4.4—Form and issue of certificate of release to service

42.810  Form of certificate of release to service

Maintenance that is not in‑house maintenance
 (1) A document is a certificate of release to service for an aeronautical product in relation to maintenance:
 (a) that is carried out on the product; and
 (b) that is not in‑house maintenance;
only if the document is in the approved form.
Note: Under regulation 11.018, a certificate of release to service in the