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(3) If an approved system of certification of completion of maintenance is:
(a) no longer appropriate; or
(b) defective;
within 7 days of becoming aware of the inappropriate aspect or the
defect, the person who has the approved system of certification of
completion of maintenance must make a request under subregulation
(1) for CASA or an authorised person to approve a proposed change to
the system to ensure that it is appropriate and not defective.
Penalty: 25 penalty units.
(4) CASA may, under regulation 38, direct a person who has an approved
system of certification of completion of maintenance:
(a) to make:
(i) a specified change to the system; or
(ii) a change to the system that will correct a specified
deficiency in the system; and
(b) to submit the proposed change to CASA or an authorised person
for approval.
42ZK Approval of changes
(1) If:
(a) CASA or an authorised person receives a request for approval of
a change to an approved system of certification of completion of
maintenance; and
Replacement Page Amdt No. 8
December 2004
100 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(b) CASA or the authorised person is satisfied that, having regard to
the CASA system of certification of completion of maintenance,
the system, as proposed to be changed, would adequately provide
for certification of the completion of the maintenance;
CASA or the authorised person must approve the change.
(2) CASA or the authorised person must, in writing, notify the person
who requested approval of the change of CASA’s or the authorised
person’s decision in relation to the request.
(3) If CASA or the authorised person decides not to approve the proposed
change, CASA or the authorised person must include in the notice a
statement of the reasons for that decision.
42ZL When approval of a change is effective
If CASA or an authorised person approves a change to a system of
certification of completion of maintenance, the approval has effect
from when notice of the approval is given to the person who requested
approval of the change.
42ZM All changes must be approved
A purported change to an approved system of certification of
completion of maintenance has no effect unless it has been approved
under subregulation 42ZK (1) and that approval is in force.
Replacement Page Amdt No. 8
December 2004
Civil Aviation Regulations 1988 101
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
Subdivision 2 Maintenance Outside Australian Territory
42ZN Certification of maintenance outside Australian territory
(1) The holder of the certificate of registration for an Australian aircraft
on which maintenance has been carried out outside Australian territory
must not fly the aircraft, and must ensure the aircraft is not flown, if
each of the following requirement is not satisfied:
(a) the completion of the maintenance has been certified by:
(i) a person who would have been permitted by regulation
42ZC to carry out the maintenance if the aircraft had been
in Australia; or
(ii) if the maintenance was carried out in a Contracting State—
a person who would be permitted under the law of the
Contracting State to certify the completion of the
maintenance if the aircraft were registered in the
Contracting State; or
(iii) a person who is authorised by CASA to certify the
completion of the maintenance;
(b) the certification is made in a manner that is acceptable to CASA
having regard to the safety of air navigation.
Penalty: 50 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
102 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
Subdivision 3 Miscellaneous
42ZP Certification not to be made
(1) A person must not certify the completion of maintenance carried out
on an aircraft, aircraft component or aircraft material if the
maintenance was not carried out in accordance with the approved
maintenance data for the aircraft, aircraft component or aircraft
material.
Penalty: 50 penalty units.
[Note Regulation 2A sets out what is approved maintenance data for an aircraft.]
(2) This regulation has effect in spite of any provision in an approved
system of certification of completion of maintenance.
(3) An offence against subregulation (1) is an offence of strict liability.
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