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December 2004
88 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(AA) in an Australian Parts Manufacturer Approval issued
under regulation 21.303 of CASR; or
(B) in a Parts Manufacturers Approval issued by the
Federal Aviation Administration of the United States
of America; and
(c) if the replacement component has been removed or salvaged from
another aircraft and has not had maintenance carried out on it—
the replacement component is not damaged and complies with its
manufacturer’s specifications.
Penalty: 50 penalty units.
(3) A person may replace an aircraft component in the aircraft with
another aircraft component that does not satisfy the requirements of
paragraphs (2) (a) and (c) if inclusion of the replacement component in
the aircraft amounts to a permissible unserviceability in the aircraft.
[Note Regulation 37 sets out requirements relating to permissible unserviceabilities.]
(4) Subject to regulations 42Y and 42Z, a person must not install an
aircraft component in an aircraft if each of the following requirements
is not satisfied:
(a) completion of the component, and of any other component that it
incorporates, was certified:
(i) in accordance with regulation 34; or
(ii) if the component was not manufactured in Australia — in a
way acceptable to CASA;
(b) if the component, or another aircraft component that is
incorporated in it, has had maintenance carried out on it —
completion of the maintenance was certified in accordance with
regulation 42ZE or 42ZN;
(c) if the component, or another aircraft component that is
incorporated in it, has been modified or repaired — the
modification or repair was carried out in accordance with a
design that:
(i) was approved under regulation 35; or
(ii) was specified by CASA in, or by means of, an
airworthiness directive or a direction under regulation 44 or
subregulation 21.176 (2) of CASR; or
(iii) was specified in the component’s, or the incorporated
component’s, approved maintenance data; or
(iv) if the modification or repair was carried out outside
Australian territory — was approved or specified in a
manner that is acceptable to CASA having regard to the
safety of air navigation;
(d) if subregulation (5) applies to the component, and the component
was supplied by another person — the supplier of the component
supplied an authorised release certificate with it and for it;
Replacement Page Amdt No. 8
December 2004
Civil Aviation Regulations 1988 89
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(e) if the component includes a component to which subregulation
(5) applies, and the included component was supplied by another
person — the supplier of the included component supplied an
authorised release certificate with it and for it.
Penalty: 50 penalty units.
Note Authorised release certificate means a certificate that complies with
regulation 42WA — see the Dictionary.
(5) This subregulation applies to:
(a) an aircraft component manufactured to approved data by a
manufacturer that holds an approval from CASA or an NAA to do
so; or
(b) an aircraft component that has had maintenance carried out on it.
(6) An offence against subregulation (2) or (4) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
42WA Requirements for authorised release certificate
(1) The requirements for an authorised release certificate for an aircraft
component are the following:
(a) it has a unique identifying number;
(b) it is issued by, or with the authority or approval of:
(i) if maintenance has been carried out on the relevant
component — the NAA of the country in which the most
recent maintenance was carried out; or
(ii) if no maintenance has been carried out on the component —
the NAA of the country in which it was manufactured;
(c) it specifies the NAA that issued it or that authorised its issue;
(d) it contains at least the following information about the component
(or, if it applies to 2 or more components, about each of them):
(i) the full name and business address of the supplier of the
component;
(ii) enough information to identify the contract, work order or
invoice related to the supply of the component;
(iii) the component’s name or description, and part number;
(iv) the types or models of aircraft, propeller or engine on which
the component can be installed (if known to the body issuing
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