Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(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:
(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
(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 maintenance release inspection of the aircraft begins.
(6) In this regulation, maintenance release inspection means an inspection carried out on an aircraft for the purpose of determining whether a maintenance release for the aircraft should be issued.
(7) An offence against subregulation (4) is an offence of strict liability.
Note For strict liability , see section 6.1 of the Criminal Code .