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adversely affected the safety of the aircraft.
(4) An authorisation under subregulation (3) shall be in writing and shall
include a statement that the authorisation is given for the purpose of
testing the aircraft to which the aircraft component concerned is to be
fitted.
(5) For the purpose of carrying out maintenance in accordance with an
authority given under subregulation (3), the use of the aircraft
component concerned as a replacement shall be deemed to have been
approved under subregulation (2).
(6) Where:
(a) the results of a test referred to in subregulation (3) are furnished
to CASA or to an authorised person; and
(b) having regard to those results, CASA or the authorised person is
satisfied that the replacement concerned will not adversely affect
the safety of an aircraft;
CASA or the authorised person, as the case may be, shall approve the
aircraft component, or aircraft components included in the type of
aircraft components, to which the application relates for use as a
replacement as set out in the application.
36A Use of aircraft material in the maintenance, servicing and
operation of Australian aircraft
(1) This regulation applies to a person who is the holder of the certificate
of registration for, or the operator or pilot in command of, an
Australian aircraft where the aircraft’s flight manual or approved
maintenance data, or a direction under subregulation (2), requires the
use of aircraft material of an identified specification for a particular
purpose connected with the maintenance, servicing or operation of the
aircraft.
(2) CASA may, for the purposes of this regulation, give written directions
requiring the use of aircraft materials of identified specifications for
particular purposes connected with the maintenance, servicing or
operation of Australian aircraft.
72 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(3) The person must not use, or permit the use of, aircraft material for that
purpose if the aircraft material does not conform to the specification.
Penalty: 50 penalty units.
(3A) The person must not use, or permit the use of, aircraft material for that
purpose if CASA or an authorised person has not approved the use of
the aircraft material for that purpose.
Penalty: 50 penalty units.
(3B) An offence against subregulation (3) or (3A) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(4) If the person is charged with an offence against subregulation (3) of
using, or permitting the use of, a substance that does not conform to
the specification, it is a defence if the person proves that:
(a) the substance was supplied to the person by another person who
represented the substance as being an aircraft material
conforming to the specification; and
(b) the person reasonably relied on that representation.
37 Permissible unserviceabilities
(1) CASA may, for the purposes of these Regulations, approve a defect in,
or damage to, an Australian aircraft, or any aircraft included in a class
of aircraft, as a permissible unserviceability in relation to the aircraft
or to Australian aircraft included in the class of aircraft, as the case
may be.
(2) CASA may, for the purpose of ensuring the safety of air navigation,
direct that the use of an Australian aircraft with a permissible
unserviceability is subject to such conditions as are set out in the
direction.
(2A) A person must comply with a condition set out in a direction.
Penalty: 50 penalty units.
(2B) An offence against subregulation (2A) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(3) A direction given under subregulation (2) does not have effect in
relation to a person until it has been served on the person.
Civil Aviation Regulations 1988 73
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
PART 4A MAINTENANCE
Division 1 Maintenance Directions by CASA
38 Maintenance directions
(1) CASA may give directions relating to the maintenance of Australian
aircraft for the purpose of ensuring the safety of air navigation.
(2) A direction is not binding on a person unless it has been served on the
person.
(3) A person must not contravene a direction that is binding on the person.
Penalty: 50 penalty units.
(4) If a direction relating to an aircraft is binding on the holder of the
certificate of registration for the aircraft, the holder must take
reasonable steps to ensure the direction is brought to the attention of
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