Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) A person carrying out maintenance on an Australian aircraft must ensure that the maintenance is carried out in accordance with the applicable provisions of the aircraft's approved maintenance data.
Penalty: 50 penalty units.
Note Regulation 2A sets out what is approved maintenance data for an aircraft.
(2) Subregulation (1) has effect subject to the requirements of Division 5 ('Who may carry out maintenance').
(3) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability , see section 6.1 of the Criminal Code .
42W Installation and use of aircraft components in maintenance -- Australian aircraft in Australian territory
(1) This regulation sets out requirements to be complied with in relation to the installation and use of aircraft components in carrying out maintenance on an Australian aircraft in Australian territory.
(2) Subject to subregulation (3), a person may replace an aircraft component in the aircraft with another aircraft component only if:
(a) the replacement component is serviceable; and
(b) the replacement component:
(i) is identical with the replaced component; or
(ii) has been approved under regulation 36 as a replacement for the replaced component; or
(iii) is approved for use as a replacement for the replaced component:
(A) by the manufacturer of the aircraft or the replaced component; or
(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;
(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 .