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maintenance release has been suspended or cancelled, as the case may
be, is brought to the attention of any person, who is likely to fly, or
likely to issue a maintenance release for, the aircraft.
Penalty: 25 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.
47 Maintenance release to cease to be in force
(1) If:
(aa) the holder of the certificate of registration for; or
(ab) the operator of; or
(ac) a flight crew member of; or
(ad) an authorised person engaged (whether as an employee or on his
or her own behalf) in the maintenance of;
an aircraft in respect of which a maintenance release is in force
becomes aware:
(a) that:
114 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(i) a requirement or condition imposed under these
Regulations in respect of the maintenance of the aircraft has
not been complied with;
(ii) the aircraft has suffered major damage or has developed a
major defect, other than damage or a defect that is a
permissible unserviceability;
(iii) abnormal flight or ground loads have been imposed on the
aircraft; or
(iv) maintenance carried out on the aircraft may have adversely
affected, to such an extent as to affect the safety of the
aircraft, the flight characteristics of the aircraft or the
operating characteristics of any aircraft component, or any
system of aircraft components, installed in the aircraft; and
(b) that there is a likelihood that the aircraft will be flown before:
(i) the requirement or condition referred to in subparagraph
(a) (i) has been complied with;
(ii) the damage or defect referred to in subparagraph (a) (ii) has
been remedied;
(iii) any damage caused by the imposition of the abnormal loads
referred to in subparagraph (a) (iii) has been remedied; or
(iv) the characteristics referred to in subparagraph (a) (iv) have
been corrected;
as the case may be;
he or she shall, subject to subregulation (2), enter on the maintenance
release, or other document approved for use as an alternative to the
maintenance release for the purposes of this subregulation, an
endorsement signed by him or her setting out the facts of the situation
and stating that the aircraft is unairworthy, and thereupon the
maintenance release ceases to be in force.
Penalty: 25 penalty units.
(2) A person is not required under subregulation (1) to enter an
endorsement on a maintenance release or other document approved for
use as an alternative to a maintenance release if:
(a) the maintenance release was issued by virtue of paragraph
43 (7) (b); and
(b) the person considers that the ground for entering the
endorsement:
(i) existed at the time when the maintenance release was
issued; and
(ii) was known to the person who issued the maintenance
release or to a responsible employee of that person.
(3) If:
(a) the holder of the certificate of registration for; or
(b) the operator of; or
(c) the pilot in command of; or
Civil Aviation Regulations 1988 115
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(d) an authorised person engaged (whether as an employee or on his
or her own behalf) in the maintenance of;
an aircraft in respect of which a maintenance release is in force
becomes aware that the certificate of airworthiness in respect of the
aircraft has been suspended or cancelled, he or she shall enter on the
maintenance release an endorsement signed by him or her setting out
the facts of the situation and stating that the aircraft is unairworthy,
and thereupon the maintenance release ceases to be in force.
Penalty: 25 penalty units.
(4) Where:
(a) an authorised person (whether acting as an employee or on his or
her own behalf) carries out maintenance on an aircraft in
pursuance of an authorisation under subregulation 35 (3), or
subregulation 36 (3) with a view to the aircraft being tested; and
(b) there is in force in respect of the aircraft a maintenance release
issued by virtue of paragraph 43 (7) (a);
the authorised person shall enter on the maintenance release an
endorsement signed by him or her setting out that he or she has carried
out maintenance authorised under the relevant provision referred to in
paragraph (a) and that the aircraft requires testing, and thereupon the
maintenance release ceases to be in force.
Penalty: 25 penalty units.
(5) A maintenance release for an aircraft stops being in force when a
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