Commonwealth Consolidated Regulations

CIVIL AVIATION REGULATIONS 1988 - REG 42X

  (1)   A person may use an aircraft material in an aircraft only if the person satisfies CASA or an authorised person that the material is suitable for use in the maintenance of the aircraft or the following requirements are satisfied:

  (a)   if:

  (i)   the material was supplied to the person by another person; and

  (ii)   the material is not a fuel or lubricant;

    the material was supplied by the other person with a document that satisfies the requirements of subregulation   (2);

  (b)   if the material has had maintenance carried out on it--completion of the maintenance was certified in accordance with regulation   42ZE or 42ZN.

Penalty:   50 penalty units.

  (2)   A document accompanying the supply of an aircraft material must:

  (a)   contain:

  (i)   a statement that identifies the material and that includes   (if applicable) the specification of the material; and

  (ii)   if maintenance has been carried out on the material--details of the maintenance carried out and the data used in carrying out the maintenance; and

  (b)   have been issued by, or with the authority or approval of:

  (i)   if maintenance has been carried out on the material--the national aviation authority of the country in which the most recent maintenance was carried out; or

  (ii)   if no maintenance has been carried out on the material--the national aviation authority of the country in which the material was manufactured; and

  (c)   be signed by:

  (i)   if maintenance has been carried out on the material in Australia--a person who is permitted by regulation   42ZC to carry out the maintenance and who is employed by, or is working under an arrangement with, the person who carried out the most recent maintenance; or

  (ii)   if maintenance has been carried out on the material in a country other than Australia--a person who is permitted to carry out the maintenance by the national aviation authority of the country in which that maintenance was carried out and who is, is employed by, or is working under an arrangement with, the person who carried out the most recent maintenance; or

  (iii)   if no maintenance has been carried out on the material--a person who is, is employed by, or is working under an arrangement with, the person who manufactured the material; and

  (d)   set out the date on which the person signed the document.

  (3)   An offence against subregulation   (1) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .