Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(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.
(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.