Commonwealth Consolidated Regulations

CIVIL AVIATION REGULATIONS 1988 - REG 52

  (1)   This regulation applies if:

  (a)   a person engaged in the maintenance of an aircraft component becomes aware of a defect in the component; or

  (b)   a person engaged in the maintenance of an aircraft becomes aware of a defect in an aircraft component that the person proposed to install in the aircraft in the course of that maintenance; or

  (c)   a person who holds a certificate of approval that covers the maintenance of aircraft components becomes aware of a defect in an aircraft component that he or she owns; or

  (d)   a person who holds an AOC, an aerial work certificate or a Part   141 certificate, becomes aware of a defect in an aircraft component that the person owns and intends to install in an aircraft used in operations under that certificate.

  (2)   If the person owns the aircraft component:

  (a)   the person must have an investigation made of the defect; and

  (b)   if the defect is such that, if the component were installed in an aircraft, the safety of the aircraft might be affected or the aircraft might become a danger to person or property--the person must have a report made to CASA in relation to the defect and any matters revealed by the investigation.

Penalty:   25 penalty units.

  (3)   If the person does not own the aircraft component the person must:

  (a)   have a report made to the owner of the component in relation to the defect; and

  (b)   if the person thinks that the defect is such that, if the component were installed in an aircraft, the safety of the aircraft might become affected or the aircraft might become a danger to person or property--have a report made to CASA in relation to the defect.

Penalty:   25 penalty units.

  (4)   After the owner of an aircraft component receives the report mentioned in paragraph   (3)(a):

  (a)   the owner must have an investigation made of the defect; and

  (b)   if the defect is such that, if the component were installed in an aircraft, the safety of the aircraft might be affected or the aircraft might become a danger to person or property--the owner must have a report made to CASA in relation to the defect and any matters revealed by the investigation.

Penalty:   25 penalty units.

  (5)   An offence against subregulation   (4) is an offence of strict liability.

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