Document ID: chunk:federal_register_of_legislation:F2024C00887:reg:43:p2
Version: federal_register_of_legislation:F2024C00887
Segment Type: reg
Provision Reference: reg 43 (pt 2/3)
Character Range: 126229–129027

an alternative to the maintenance release for the purposes of this subregulation, shall bear an endorsement:
 (a) setting out each permissible unserviceability that exists with respect to the aircraft;
 (b) setting out such of the conditions (if any) with respect to the use of an aircraft with those permissible unserviceabilities set out in any direction given under regulation 37, or approval under regulation 21.007 of CASR, in relation to those permissible unserviceabilities as are not set out in any operations manual issued with respect to the aircraft or in Part 20 of the Civil Aviation Orders; and
 (c) stating that the maintenance release is issued subject to those conditions, whether set out in the maintenance release or the other document or otherwise.
 (11) A person shall not issue a maintenance release in contravention of this regulation.
Penalty:
 (a) for a contravention of subregulation (1)—25 penalty units; or
 (b) for a contravention of subregulation (6)—25 penalty units; or
 (c) for a contravention of subregulation (7)—50 penalty units; or
 (d) for a contravention of subregulation (10)—10 penalty units.
 (11A) A person must not contravene:
 (a) a direction; or
 (b) the condition specified in subregulation (3); or
 (c) a condition to which a maintenance release is subject.
Penalty:
 (a) for a contravention of a direction under subregulation (2)—10 penalty units; or
 (b) for a contravention of the condition specified in subregulation (3)—10 penalty units; or
 (c) for a contravention of a direction under subregulation (4) or (5)—5 penalty units; or
 (d) for a contravention of a condition under subregulation (9)—50 penalty units.
 (12) Subregulation (11) does not apply in relation to a person by reason only that he or she has issued a maintenance release in contravention of a direction given under this regulation unless the direction has been served on the person.
 (13) A person shall not sign a maintenance release to be issued by virtue of subregulation (7) in respect of an aircraft if:
 (a) the person considers that:
 (i) the aircraft is defective; and
 (ii) the defect is major damage or a major defect; and
 (iii) the defect is not a permissible unserviceability; or
 (b) the person considers that maintenance carried out on the aircraft may have adversely affected, to such an extent as to affect the safety of the aircraft, the flight characteristics of the aircraft or the operating characteristics of any aircraft component, or of any system of aircraft components, installed in the aircraft; or
 (c) the person is aware that certain maintenance that has been carried out on the aircraft has not been certified, in accordance with regulation 42ZE or 42ZN, to have been completed; or
 (d) the person is aware that:
 (i) information entered on the