Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) The holder of the certificate of registration for, the operator of, and the pilot in command of, an Australian aircraft must not authorise or permit any maintenance to be carried out on the aircraft in Australian territory by a person if the person is not permitted by this regulation to carry out the maintenance.
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 .
(3) Subject to subregulation (5), a person may carry out maintenance on a class A aircraft in Australian territory if:
(a) the person:
(i) holds an aircraft maintenance engineer licence, an airworthiness authority or an aircraft welding authority covering the maintenance; and
(ii) either:
(A) holds a certificate of approval covering the maintenance; or
(B) is employed by, or working under an arrangement with, a person who holds a certificate of approval covering the maintenance; or
(b) the following requirements are satisfied:
(i) the person is employed by, or working under an arrangement with, a person who holds a certificate of approval covering the maintenance; and
(ii) the maintenance is carried out under the supervision of a person who holds an aircraft maintenance engineer licence covering the maintenance and who either:
(A) holds a certificate of approval covering the maintenance; or
(B) is employed by, or working under an arrangement with, a person who holds a certificate of approval covering the maintenance; or
(c) the person is a pilot of the aircraft and is authorised to carry out the maintenance by the aircraft's approved system of maintenance; or
(d) the person is authorised by CASA under subregulation (6), or an authorised person under subregulation (7), to carry out the maintenance and the maintenance is carried out in accordance with any conditions subject to which the authorisation is given.
(4) Subject to subregulation (5), a person may carry out maintenance on a class B aircraft in Australian territory if:
(a) the person:
(i) holds an aircraft maintenance engineer licence, an airworthiness authority or an aircraft welding authority covering the maintenance; and
(ii) either:
(A) holds a certificate of approval covering the maintenance; or
(B) is employed by, or working under an arrangement with, a person who holds a certificate of approval covering the maintenance; or
(b) except where the maintenance is specified in Schedule 7, the person:
(i) holds an aircraft maintenance engineer licence, an airworthiness authority or an aircraft welding authority covering the maintenance; and
(ii) either:
(A) is not an employee; or
(B) is employed by another person who holds an aircraft maintenance engineer licence, an airworthiness authority or an aircraft welding authority; or
(c) the person carries out the maintenance under the supervision of a person who:
(i) holds an aircraft maintenance engineer licence covering the maintenance; and
(ii) is permitted by paragraph (a) or (b) to carry out the maintenance; or
(d) the person is the holder of a pilot licence (not being a student pilot licence) that is valid for the aircraft and the maintenance is specified in Schedule 8; or
(e) the person is authorised by CASA under subregulation (6) to carry out the maintenance and the maintenance is carried out in accordance with any conditions subject to which the authorisation is given.
(5) In spite of subregulations (3) and (4), a person may carry out maintenance on an aircraft component, or an aircraft material, if:
(a) the person is employed by, or working under an arrangement with, the holder of a certificate of approval that covers the maintenance; and
(b) in the case of maintenance that is either:
(i) an inspection using a non‑destructive testing method; or
(ii) manual welding;
the person is authorised by CASA under subregulation (6) to carry out the maintenance and the maintenance is carried out in accordance with any conditions subject to which the authorisation is given.
(6) CASA may, in writing, authorise a person for the purposes of paragraph (3) (d) or (4) (e) or subregulation (5).
(7) An authorised person may, in writing, authorise a person for the purposes of paragraph (3) (d).
(8) An authorisation is subject to any conditions that:
(a) CASA or the authorised person, as the case may be, considers are necessary in the interests of the safety of air navigation; and
(b) are included in the authorisation.
(9) For the purposes of this regulation, an aircraft maintenance engineer licence covers the maintenance if the licence:
(a) is issued in the category; and
(b) is endorsed with a rating;
that covers the maintenance.
(10) For the purposes of this regulation, an aircraft welding authority covers maintenance of a particular kind if the authority is issued for the type of manual welding and the parent metal group that is appropriate to that kind of maintenance.