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(xi) the conducting of the examinations referred to in paragraph
31 (4) (e);
a condition that each of those activities that is covered by the
certificate must be carried out under the control of a person
appointed by the applicant to control the activities; and
(d) a condition that the holder of the certificate of approval must
ensure that each person employed by, or working under an
arrangement with, the holder receives adequate training in:
(i) the work performed by the person for the purposes of the
activities covered by the certificate; and
(ii) the use of any equipment used in connection with that
work.
(2D) A system of quality control must be in writing and must contain the
following:
(a) the procedures to be followed in connection with the carrying out
of the activities covered by the certificate that, in particular,
includes procedures for:
(i) the control of the work carried out under the certificate; and
(ii) the maintenance, control and calibration of equipment; and
(iii) the control of stores;
(b) a statement:
(i) that sets out the places at which the activities covered by
the certificate are, or will be, carried out and which
activities are, or will be, carried out at each place; and
(ii) that identifies any mobile facilities available to the
certificate of approval holder for the carrying out of the
activities covered by the certificate and which activities are,
or will be, carried out using each mobile facility;
Civil Aviation Regulations 1988 57
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(c) in relation to each activity covered by 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:
58 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(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).
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