Document ID: chunk:federal_register_of_legislation:F2024C00887:reg:30:p3
Version: federal_register_of_legislation:F2024C00887
Segment Type: reg
Provision Reference: reg 30 (pt 3/4)
Character Range: 44460–47263

the certificate that is required, by paragraph (2C)(c), to be carried out under the control of a person—the name of the position occupied by the person who controls the carrying out of the activity;
 (d) a description of the applicant's organisational structure, the responsibilities of employees within the structure and the procedures to be followed by the employees in undertaking the activities covered by the certificate;
 (e) a description of the resources for implementing quality management;
 (f) a description of the audit system applying to the system of quality control;
 (g) if the quality control system is set out in a procedures manual required under paragraph (2)(c)—a statement of the procedures to be followed in relation to the amendment of the procedures manual.
Note: Australian Standards AS3900 to AS3904 provide guidance for the content of a system of quality control.
 (3) CASA may, for the purpose of ensuring the safety of air navigation, include in a certificate of approval granted under this regulation an endorsement that the certificate is granted subject to a condition set out in the endorsement, in a document issued with the certificate of approval or in a specified Part or Section of Civil Aviation Orders.
 (3A) A person must not contravene a condition to which a certificate of approval is subject.
Penalty: 25 penalty units.
 (3B) An offence against subregulation (3A) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (3C) It is a defence to a prosecution under subregulation (3A) if the defendant had a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subregulation (3C) (see subsection 13.3(3) of the Criminal Code).
 (4) An authorised person may, at any time, for the purpose of ascertaining whether the activities to which a certificate of approval relates are being carried on in a satisfactory manner:
 (a) inspect any aircraft, aircraft component or aircraft material;
 (b) inspect any process or systems carried on by, any records maintained by or any documents in the possession of, the holder of the certificate of approval in connection with the activities to which the certificate of approval relates;
 (c) conduct any tests that the authorised person considers necessary; and
 (d) require the holder of the certificate of approval to furnish to the authorised person such evidence as the authorised person requires:
 (i) of the qualifications and competence of the holder or of the qualifications and competence of the employees of the holder; or
 (ii) of the facilities at the disposal of the holder.
 (4A) The holder of a certificate of approval must give to an authorised person the evidence required under paragraph (4)(d).
Penalty: 5 penalty units.