has revoked any suspension of the certificate of airworthiness of the aircraft to which the direction relates that the appropriate authority had imposed;

considers that the damage or defect by reason of which the direction was given is not of such a nature as to prevent the aircraft from fulfilling the minimum requirements of safety adopted in pursuance of the Convention; or

considers that, in the circumstances of the case, the aircraft to which the direction relates should be permitted to fly without passengers to a place at which the necessary repairs or modifications can be made.

on the person; or

if the direction cannot be served on the person—by affixing the direction to the aircraft to which it relates.

based on examination materials published by CASA in a document called ‘Aircraft Welding Examinations’ as in force from time to time; and

conducted by CASA or an authorised person.

welding training means practical and theoretical training that: is based on Australian Standard AS 1796 as in force from time to time; and is conducted by an organisation that carries out training in welding.

is based on Australian Standard AS 1796 as in force from time to time; and

is conducted by an organisation that carries out training in welding.

type 1—gas welding;

type 2—braze welding;

type 3—manual metal arc welding;

type 4—gas tungsten arc welding;

type 5—gas metal arc welding;

type 6—plasma arc welding.

group 1—aluminium alloys;

group 2—magnesium alloys;

group 3—carbon steel and low alloy steels;

group 4—corrosion and heat resisting steels;

group 5—nickel alloys;

group 6—copper-based alloys;

group 7—titanium alloys.

set out the following:

a statement of the activities to be covered by the certificate, including any training or assessment in the maintenance of aircraft, aircraft components or aircraft materials that the applicant intends to conduct;

the address of the main place (if any) at which the applicant proposes to carry out those activities;

the number of appropriately qualified or experienced persons employed by the applicant who will be involved in carrying out those activities; and

have with it evidence of:

the relevant qualifications and experience of the applicant and the applicant’s employees; and

the facilities and equipment available to the applicant for the carrying out of the activities; and

the arrangements made to ensure the applicant has, and will continue to receive, information necessary for the carrying out of those activities; and

a system of quality control that satisfies the requirements of subregulation (2D); and

if maintenance of class A aircraft is an activity to be covered by the certificate—have with it a copy of the procedures manual, in which the system of quality control procedures must be set out, that the applicant proposes to use if the certificate of approval is granted.

the relevant qualifications and experience of the applicant and the applicant’s employees; and

the facilities and equipment available to the applicant for the carrying out of those activities; and

the arrangements made to ensure the applicant has, and will continue to receive, the information necessary for the carrying out of those activities; and

the applicant’s system of quality control; and

if the applicant is required by paragraph (2)(c) to have a procedures manual—the applicant’s procedures manual.

a condition that each activity the certificate covers must only be carried out at a place where the facilities and equipment necessary for the proper carrying out of the activity are available to the holder of the certificate;

a condition that the activities the certificate covers must be carried out in accordance with a system of quality control that satisfies the requirements of subregulation (2D); and

if the certificate covers some or all of the following activities:

the maintenance of aircraft;

the maintenance of aircraft components;

the maintenance of aircraft materials;

a condition that each of those activities that is covered by the certificate must be carried out under the control of a person appointed by the applicant to control the activities; and

if the certificate covers training or assessment in the maintenance of aircraft, aircraft components or aircraft materials—a condition that the holder of the certificate must comply with the requirements (if any) prescribed by legislative instrument issued by CASA under regulation 30AA that apply to the holder; and

a condition that the holder of the certificate of approval must ensure that each person employed by, or working under an arrangement with, the holder receives adequate training in:

the work performed by the person for the purposes of the activities covered by the certificate; and

the use of any equipment used in connection with that work.

the procedures to be followed in connection with the carrying out of the activities covered by the certificate that, in particular, includes procedures for:

the control of the work carried out under the certificate; and

the maintenance, control and calibration of equipment; and

the control of stores;

a statement:

that sets out the places at which the activities covered by the certificate are, or will be, carried out and which activities are, or will be, carried out at each place; and

that identifies any mobile facilities available to the certificate of approval holder for the carrying out of the activities covered by the certificate and which activities are, or will be, carried out using each mobile facility;

in relation to each activity covered by the certificate that is required, by paragraph (2C)(c), to be carried out under the control of a person—the name of the position occupied by the person who controls the carrying out of the activity;

a description of the applicant’s organisational structure, the responsibilities of employees within the structure and the procedures to be followed by the employees in undertaking the activities covered by the certificate;

a description of the resources for implementing quality management;

a description of the audit system applying to the system of quality control;

if the quality control system is set out in a procedures manual required under paragraph (2)(c)—a statement of the procedures to be followed in relation to the amendment of the procedures manual.

inspect any aircraft, aircraft component or aircraft material;

inspect any process or systems carried on by, any records maintained by or any documents in the possession of, the holder of the certificate of approval in connection with the activities to which the certificate of approval relates;

conduct any tests that the authorised person considers necessary; and

require the holder of the certificate of approval to furnish to the authorised person such evidence as the authorised person requires:

of the qualifications and competence of the holder or of the qualifications and competence of the employees of the holder; or

of the facilities at the disposal of the holder.

the holder of the certificate of approval; or

a person:

who has control over any subject matter or thing specified in subregulation (4); or

who apparently has control over any subject matter or thing specified in subregulation (4).

is acting as an authorised person; and

under subregulation (4), seeks to carry out an inspection, conduct a test or require evidence to be furnished or is carrying out an inspection, conducting a test or requiring evidence to be furnished; and

fails to produce his or her identity card for inspection when asked to do so;

that person:

is not authorised to carry out the inspection, conduct the test or require evidence to be furnished; and

if that person is carrying out one of those activities, must cease that activity immediately.

authorities to carry out maintenance on aircraft;

authorities to conduct non-destructive testing of aircraft and aircraft components;

authorities to weigh aircraft and determine the centre of gravity of each aircraft for the purpose of determining requirements to control the centre of gravity during operation.

the applicant:

has passed the aircraft welding examinations that CASA considers necessary in the interests of the safety of air navigation; and

has successfully completed welding training in the type of manual welding on the parent metal group to which the application relates; or

the applicant holds a current qualification, issued by the Defence Force or a recognised authority, authorising the applicant to carry out manual welding for aeronautical purposes.

note the relevant type of manual welding and parent metal group on the authority; and

specify in the authority a period not longer than 2 years for which the authority is to remain in force.

for the period specified in it; or

if it has been renewed—until the end of the last period of renewal.

it must note on the authority the period of the renewal; and

return the authority to the holder as soon as practicable after the renewal.

be in the approved form; and

have with it the aircraft welding authority.

has passed the aircraft welding examinations that CASA considers necessary in the interests of the safety of air navigation; and

has successfully completed welding training in the type of manual welding on the parent metal group to which the request relates.

CASA or an authorised person receives a request for approval of a system of maintenance; and

CASA or the authorised person is satisfied that:

the system includes the matters set out in regulation 42L; and

the system adequately provides for the continued airworthiness of the aircraft;

CASA or the authorised person must approve the system.

if CASA is satisfied that:

the system includes the matters set out in regulation 42L; and

the system satisfies the requirements of the direction; and

the system adequately provides for the continued airworthiness of the aircraft;

CASA must approve the system;

if CASA is not satisfied as mentioned in paragraph (a), CASA may:

modify the system so that CASA is so satisfied and approve the modified system; or

refuse to approve the system.

if the system of maintenance relates to a class A aircraft—the manufacturer’s maintenance schedule and any inspection programs or documents issued by the manufacturer; and

if the system of maintenance relates to a class B aircraft—the manufacturer’s maintenance schedule and the CASA maintenance schedule.

not to approve the system of maintenance; or

to modify the system of maintenance;

CASA or the authorised person must include in the notice required by subregulation (4) a statement of the reasons for that decision.

CASA revokes the approval by written notice given to the holder of the certificate of registration for the aircraft concerned; or

the holder of the certificate of registration for the aircraft concerned gives CASA or an authorised person written notice that the holder no longer wants the approved system to apply to the aircraft.

CASA or an authorised person receives a request for approval of a change to an approved system of maintenance; and

CASA or the authorised person is satisfied that the system, as proposed to be changed, would:

include the matters set out in regulation 42L; and

adequately provide for the continued airworthiness of the aircraft;

CASA or the authorised person must approve the change.

if CASA is satisfied:

if the direction was for a specified change to be made—the change has been made; and

if the direction was for a change to correct a specified deficiency in the system—the deficiency would be corrected by the change; and

that the system, as proposed to be amended, would:

(A) include the matters set out in regulation 42L; and

(B) adequately provide for the continued airworthiness of the aircraft;

CASA must approve the change;

if CASA is not satisfied as mentioned in paragraph (a), CASA may:

modify the change so that CASA is so satisfied and approve the modified change; or

refuse to approve the change.

if the system of maintenance relates to a class A aircraft—the manufacturer’s maintenance schedule and any inspection programs or documents issued by the manufacturer; and

if the system of maintenance relates to a class B aircraft—the manufacturer’s maintenance schedule and the CASA maintenance schedule.

not to approve the change; or

to modify the change;

CASA or the authorised person must include in the notice required by subregulation (4) a statement of the reasons for that decision.

the design of the modification or repair:

has been approved under regulation 35, as in force before 27 June 2011; or

has been approved by a modification/repair design approval; or

has been approved by an approval mentioned in regulation 21.475 of CASR; or

is taken to have been approved under regulation 21.465 or 21.470 of CASR; or

has been specified by CASA in, or by means of, an airworthiness directive or a direction under regulation 44; or

is specified in the aircraft’s approved maintenance data; and

the modification or repair is in accordance with that design.

the replacement component is serviceable; and

the replacement component:

is identical with the replaced component; or

has been approved under regulation 36, as in force before 27 June 2011, as a replacement for the replaced component; or

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; or

(BA) in a parts manufacturer approval issued by a national aviation authority to which subregulation (2A) applies; or

(C) by a modification/repair design approval; or

(D) by an approval mentioned in regulation 21.475 of CASR; or

is taken to have been approved for use as a replacement for the replaced component under regulation 21.465 or 21.470 of CASR; and

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.

Australia has an agreement (however described) with the Contracting State for the acceptance of parts manufacturer approvals; or

CASA has an agreement (however described) with the national aviation authority for the acceptance of parts manufacturer approvals.

if the component, or a component that it incorporates, was manufactured in the course of carrying out maintenance—the completion of the maintenance was certified in accordance with regulation 42ZE or 42ZN;

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;

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:

was approved under regulation 35, as in force before 27 June 2011; or

was approved by a modification/repair design approval; or

was approved by an approval mentioned in regulation 21.475 of CASR; or

is taken to have been approved under regulation 21.465 or 21.470 of CASR; or

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

was specified in the component’s, or the incorporated component’s, approved maintenance data; or

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;

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;

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.

an aircraft component manufactured to approved data by a manufacturer that holds an approval from CASA or a national aviation authority to do so; or

an aircraft component that has had maintenance carried out on it.

it has a unique identifying number;

it is issued by, or with the authority or approval of:

if maintenance has been carried out on the relevant component—the national aviation authority of the country in which the most recent maintenance was carried out; or

if no maintenance has been carried out on the component—the national aviation authority of the country in which it was manufactured;

it specifies the national aviation authority that issued it or that authorised its issue;

it contains at least the following information about the component (or, if it applies to 2 or more components, about each of them):

the full name and business address of the supplier of the component;

enough information to identify the contract, work order or invoice related to the supply of the component;

the component’s name or description, and part number;

the types or models of aircraft, propeller or engine on which the component can be installed (if known to the body issuing the certificate);

the serial number or batch number of the component;

the component’s status (that is, whether it is manufactured or newly overhauled, or has been inspected, modified or repaired, or is a prototype) and a statement of any limitations that apply to it;

if the certificate applies to 2 or more components, it gives an identifying number for each;

if the certificate applies to 2 or more components that have the same part number, it states how many of them the certificate applies to;

it quotes or identifies the authorisation under which it is issued;

the person who signed it is a proper person to do so, in accordance with subregulation (2), (3) or (4).

he or she is permitted by regulation 42ZC to carry out the maintenance; and

he or she is employed by, or is working under an arrangement with, the person who carried out the most recent such maintenance.

he or she is permitted to carry out the maintenance by the national aviation authority of the country in which that maintenance was carried out; and

he or she carried out the most recent such maintenance, or is employed by, or works under an arrangement with, the person who did so.

if:

the material was supplied to the person by another person; and

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);

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

contain:

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

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

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

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

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

be signed by:

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

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

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

set out the date on which the person signed the document.

that has a flight manual; and

that is not, in that manual, approved for use in IFR flight.

a removable item of radiocommunications equipment is installed in an aircraft; and

that item is removed from the aircraft;

a person may re-install that item, or install another item of the same type, in the aircraft even though the requirements of paragraphs 42W(4)(c) and (d) are not satisfied.

use of the component, material or thing would be an offence against these Regulations if the aircraft were in Australian territory; and

CASA has not approved the use.

the person:

holds:

(A) an aircraft engineer licence that permits him or her to perform maintenance certification for the maintenance; or

(B) an airworthiness authority or an aircraft welding authority covering the maintenance; and

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

the following requirements are satisfied:

the person is employed by, or working under an arrangement with, a person who holds a certificate of approval covering the maintenance; and

the maintenance is carried out under the supervision of a person who holds an aircraft engineer licence that permits him or her to perform maintenance certification for 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

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

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.

the person:

holds:

(A) an aircraft engineer licence that permits him or her to perform maintenance certification for the maintenance; or

(B) an airworthiness authority or an aircraft welding authority covering the maintenance; and

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

except where the maintenance is specified in Schedule 7, the person:

holds:

(A) an aircraft engineer licence that permits him or her to perform maintenance certification for the maintenance; or

(B) an airworthiness authority or an aircraft welding authority covering the maintenance; and

either:

(A) is not an employee; or

(B) is employed by a person mentioned in subparagraph (i); or

the person carries out the maintenance under the supervision of a person who:

holds an aircraft engineer licence that permits him or her to perform maintenance certification for the maintenance; and

is permitted by paragraph (a) or (b) to carry out the maintenance; or

the following requirements are satisfied:

the person is the holder of a pilot licence that is valid for the aircraft;

the maintenance is specified in Part 1 of Schedule 8;

the maintenance is carried out in accordance with any conditions prescribed by legislative instrument issued by CASA for the purposes of this subparagraph; or

the following requirements are satisfied:

the person is a category B1 licence holder or a category B2 licence holder;

the maintenance is specified in Part 1 of Schedule 8;

the maintenance is carried out in accordance with any conditions prescribed by legislative instrument issued by CASA for the purposes of this subparagraph; or

for an aircraft that is a balloon—the following requirements are satisfied:

the person is the holder of a commercial pilot (balloon) licence, a private pilot (balloon) permit (within the meaning of regulation 5.138) or a balloon pilot authorisation mentioned in paragraph 5.138(1)(b) that is valid for the balloon;

the maintenance is specified in Part 2 of Schedule 8;

the maintenance is carried out in accordance with any conditions prescribed by legislative instrument issued by CASA for the purposes of this subparagraph; or

the following requirements are satisfied:

the aircraft is of a type that has been manufactured in accordance with the requirements of, and accepted for use by, an armed force;

the maintenance is carried out under the supervision of a person who holds an airworthiness authority covering the maintenance; or

the following requirements are satisfied:

the aircraft is an amateur-built aircraft, kit-built aircraft or a light sport aircraft;

the person is included in a class of persons prescribed by legislative instrument issued by CASA for the purposes of this subparagraph;

the maintenance is carried out in accordance with any conditions prescribed by legislative instrument issued by CASA for the purposes of this subparagraph; or

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.

the person is employed by, or working under an arrangement with, the holder of a certificate of approval that covers the maintenance; and

in the case of maintenance that is either:

an inspection using a non-destructive testing method; or

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.

CASA or the authorised person, as the case may be, considers are necessary in the interests of the safety of air navigation; and

are included in the authorisation.

the person would be permitted by regulation 42ZC to carry out the maintenance if the aircraft were in Australian territory; or

if the aircraft is in a Contracting State—the person would be permitted under the law of the Contracting State to carry out the maintenance if the aircraft were registered in the Contracting State; or

the person is authorised by CASA under subregulation (3) to carry out the maintenance and the maintenance is carried out in accordance with any conditions subject to which the authorisation is given.

CASA considers are necessary in the interests of the safety of air navigation; and

are included in the authorisation.

a direction issued by CASA under regulation 38 or 44, or a direction in force under subregulation 202.051(3) of CASR; or

a document or design that:

was approved under regulation 35, as in force before 27 June 2011; or

was approved by a modification/repair design approval; or

was approved by an approval mentioned in regulation 21.475 of CASR; or

is taken to have been approved under regulation 21.465 or 21.470 of CASR; or

forms part of a certificate of type approval; or

issued by the manufacturer of an aircraft component or aircraft material; or

issued by the designer of a modification of an aircraft or aircraft component;

that relates to:

what maintenance is to be carried out on an aircraft; or

when maintenance is to be carried out on an aircraft; or

how maintenance is to be carried out on an aircraft.

an exemption, in relation to the aircraft, from a requirement to which this Division applies; or

a variation, in relation to the aircraft, of a requirement to which this Division applies.

particulars of the exemption or variation sought; and

the reasons for seeking the exemption or variation.

in the case of an exemption:

the aircraft to which the exemption relates; and

the person or persons to whom the exemption applies; and

the conditions (if any) subject to which the exemption is granted; or

in the case of an approval of a variation:

the aircraft to which the variation relates; and

the person or persons to whom the variation applies; and

the conditions (if any) subject to which the variation is granted.

it is expressed to have effect for a limited period and that period ends; or

it is revoked by CASA by written notice given to the holder of the certificate of registration for the aircraft concerned; or

the holder of the certificate of registration for the aircraft concerned gives CASA or the authorised person written notice that the holder no longer wants the exemption or variation to apply in relation to the aircraft.

CASA or an authorised person has granted an exemption from a requirement to which this Division applies; and

that exemption is in force;

then, subject to any conditions imposed under subregulation 42ZS(2), a person identified in the exemption under subparagraph 42ZS(4)(a)(ii) is exempt from compliance with the requirement in relation to the aircraft concerned.

CASA or an authorised person has approved a variation of a requirement to which this Division applies; and

that approval is in force;

then, subject to any conditions imposed under subregulation 42ZS(2), the requirement has effect, in relation to a person identified in the approval under subparagraph 42ZS(4)(b)(ii) and the aircraft concerned, as if the requirement were varied in the manner approved.

the appointment is approved under regulation 42ZW;

the approval is not suspended or cancelled under regulation 42ZX.

meets the requirements of Part 1 of Schedule 9; and

can properly perform the functions set out in Part 2 of Schedule 9.

it is cancelled; or

the appointment to which it relates ends.

the person is not carrying out the maintenance controller’s functions satisfactorily; or

the person has contravened a condition to which the approval is subject.

the person; and

the operator of the aircraft.

states the operator’s name; and

if the operator does not hold the registration certificate for the aircraft—states the name of its certificate holder; and

sets out the functions of the operator’s maintenance controller; and

includes:

a description of the aircraft that identifies it, including particulars of its type, model and marks; and

details of the arrangements for the control of maintenance of the aircraft; and

details of the arrangements under which the aircraft’s approved maintenance program is to be met; and

details of the arrangements to ensure compliance with the weight and balance requirements for the aircraft; and

a statement determining the period, or period of time-in-service, for which a maintenance release for the aircraft is to remain in force.

compliance with the maintenance control manual; and

that the maintenance controller properly carries out the maintenance controller’s function set out in Part 2 of Schedule 9.

there is in force, a certificate of airworthiness for the aircraft; or

CASA has approved the issue of the maintenance release.

setting out each permissible unserviceability that exists with respect to the aircraft;

setting out such of the conditions (if any) with respect to the use of an aircraft with those permissible unserviceabilities set out in any direction given under regulation 37, or approval under regulation 21.007 of CASR, in relation to those permissible unserviceabilities as are not set out in any operations manual issued with respect to the aircraft or in Part 20 of the Civil Aviation Orders; and

stating that the maintenance release is issued subject to those conditions, whether set out in the maintenance release or the other document or otherwise.

for a contravention of subregulation (1)—25 penalty units; or

for a contravention of subregulation (6)—25 penalty units; or

for a contravention of subregulation (7)—50 penalty units; or

for a contravention of subregulation (10)—10 penalty units.

a direction; or

the condition specified in subregulation (3); or

a condition to which a maintenance release is subject.

for a contravention of a direction under subregulation (2)—10 penalty units; or

for a contravention of the condition specified in subregulation (3)—10 penalty units; or

for a contravention of a direction under subregulation (4) or (5)—5 penalty units; or

for a contravention of a condition under subregulation (9)—50 penalty units.

the person considers that:

the aircraft is defective; and

the defect is major damage or a major defect; and

the defect is not a permissible unserviceability; or

the person considers that 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 of any system of aircraft components, installed in the aircraft; or

the person is aware that certain maintenance that has been carried out on the aircraft has not been certified, in accordance with regulation 42ZE or 42ZN, to have been completed; or

the person is aware that:

information entered on the maintenance release is incorrect; or

the maintenance release does not contain all information that it is required by or under these Regulations to contain.

if the person signs the maintenance release in contravention of paragraph (13)(a) or (b)—50 penalty units; or

if the person signs the maintenance release in contravention of paragraph (13)(c)—10 penalty units; or

if the person signs the maintenance release in contravention of paragraph (13)(d)—25 penalty units.

every maintenance release in force on or after the date of the direction;

every maintenance release in respect of an aircraft of a kind specified in the direction in force on or after the date of the direction; or

a maintenance release in respect of a specified aircraft.

in the case of a direction under subregulation (1)—a fine not exceeding 50 penalty units; and

in the case of a direction under subregulation (1A)—a fine not exceeding 25 penalty units.

the holder of the certificate of registration for; or

the operator of; or

a flight crew member of; or

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:

a requirement or condition imposed under these Regulations in respect of the maintenance of the aircraft has not been complied with;

the aircraft has developed a defect that is major damage or a major defect and that is not a permissible unserviceability;

abnormal flight or ground loads have been imposed on the aircraft; or

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

that there is a likelihood that the aircraft will be flown before:

the requirement or condition referred to in subparagraph (a)(i) has been complied with;

the defect referred to in subparagraph (a)(ii) has been remedied;

any damage caused by the imposition of the abnormal loads referred to in subparagraph (a)(iii) has been remedied; or

the characteristics referred to in subparagraph (a)(iv) have been corrected;

as the case may be;

he or she shall 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.

the holder of the certificate of registration for; or

the operator of; or

the pilot in command of; or

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.

where the endorsement refers to a requirement or condition in respect of the maintenance of the aircraft not having been complied with—there is entered on the maintenance release or other document on which the endorsement was made a certification, in accordance with regulation 42ZE or 42ZN, that the maintenance to which the requirement or condition relates has been completed;

where the endorsement refers to the aircraft having suffered major damage or having developed a major defect—there is entered on the maintenance release or other document on which the endorsement was made a certification, in accordance with regulation 42ZE or 42ZN, that the maintenance required to remedy the damage or the defect, as the case may be, has been completed;

where the endorsement refers to the aircraft having had imposed on it abnormal flight or ground loads—there is entered on the maintenance release or other document on which the endorsement was made a certification, in accordance with regulation 42ZE or 42ZN, that the maintenance required to be carried out to check whether that imposition has caused any damage to the aircraft, and to remedy any damage so caused, has been completed; or

where the endorsement relates to the flight characteristics of the aircraft or the operating characteristics of an aircraft component, or system of aircraft components, installed in the aircraft—there is entered on the maintenance release or other document on which the endorsement was made a certification, in accordance with regulation 42ZE or 42ZN, that the maintenance required to correct the flight characteristics or operating characteristics, as the case may be, has been completed.

the period during which the maintenance release is expressed to remain in force has expired; or

a subsequent maintenance release has been issued in respect of the aircraft by virtue of subregulation 43(7).

the holder of the certificate of registration for the aircraft;

the operator of the aircraft;

a flight crew member of the aircraft;

a person who is permitted by regulation 42ZC or 42ZD to carry out maintenance on the aircraft.

an aircraft in respect of which a maintenance release is in force has developed a defect that is a permissible unserviceability; and

there is a likelihood that the aircraft will be flown before the permissible unserviceability is rectified;

a person mentioned in subregulation (1), who becomes aware of the defect, must endorse the maintenance release, or other document approved for use as an alternative to the maintenance release for the purposes of this regulation, in the manner set out in subregulation (3).

set out each permissible unserviceability that exists with respect to the aircraft; and

set out the conditions (if any) with respect to the use of the aircraft with those permissible unserviceabilities set out in any direction given under regulation 37, or approval under regulation 21.007 of CASR, in relation to those permissible unserviceabilities as are not set out in any operations manual issued with respect to the aircraft or in Part 20 of the Civil Aviation Orders; and

state that the maintenance release has effect subject to those conditions, whether set out in the maintenance release or the other document or otherwise.

the holder of the certificate of registration for an Australian aircraft;

the operator of an Australian aircraft;

a flight crew member of an Australian aircraft.

there is a defect in the aircraft; or

the aircraft has suffered major damage;

a person mentioned in subregulation (1), who becomes aware of the defect or damage, must endorse the maintenance release of the aircraft or other document approved for use as an alternative for the purposes of this regulation, setting out the particulars of the defect or damage, as the case may be, and sign the endorsement.

keep a log book for the aircraft; and

make the log book, and other documents referred to in the log book, available to CASA and to persons engaged in maintenance on the aircraft;

in accordance with the instructions issued by CASA under subregulation (2).

relating to how aircraft log books are to be kept; and

requiring aircraft log books, and documents referred to in aircraft log books, to be made available to CASA and to persons engaged in maintenance on aircraft.

keep a record relating to the aircraft’s maintenance; and

make the record, and other documents referred to in the record, available to CASA and to persons engaged in maintenance on the aircraft;

in accordance with the terms of the approval.

keep a record relating to the aspects of the aircraft’s maintenance that would otherwise be covered by that section; and

make the record, and other documents referred to in the record, available to CASA and to persons engaged in maintenance on the aircraft;

in accordance with the terms of the approval.

the alteration is not a single line through the words to be struck out; and

the words struck out do not remain legible.

the retention and transfer of aircraft maintenance records and parts of aircraft maintenance records; and

the making and keeping of copies of aircraft maintenance records and parts of aircraft maintenance records.

it is not possible to comply with both of the requirements; or

they require the same, or substantially the same, action to be taken at different times or in a different way.

requirements in these Regulations (except those requirements mentioned in the remaining provisions of this subregulation);

requirements in instruments made under these Regulations;

requirements in documents (including designs) approved by CASA or authorised persons under these Regulations;

requirements in instructions issued by designers of modifications of aircraft;

requirements in instructions issued by designers of modifications of aircraft components;

requirements in instructions issued by aircraft manufacturers;

requirements in instructions issued by aircraft component manufacturers;

requirements in instructions issued by aircraft material manufacturers;

requirements in documents that are approved maintenance data because of paragraph 2A(2)(e).

a person who:

(i) is a staff member within the meaning of the Transport Safety Investigation Act 2003; and

has had training with respect to the replay and analysis of cockpit voice recordings; and

has been briefed on the requirements of Part IIIB of the Act;

a person who:

(i) is to check on behalf of the holder of a CVR certificate of approval (the holder) whether equipment used to make a cockpit voice recording is functioning and reliable; and

has had training from the holder with respect to the replay and analysis of cockpit voice recordings; and

has been briefed by the holder on the requirements of Part IIIB of the Act.

a commercial pilot (balloon) licence; and

a flight instructor (balloon) rating.

Australian balloon means a balloon that is an Australian aircraft.

authorised balloon flight instructor means a person who: holds a current flight instructor (balloon) rating; and either: is the holder of an AOC that authorises balloon flying training; or is employed to instruct by, or instructs under an arrangement with, a person who is the holder of an AOC that authorises balloon flying training.

holds a current flight instructor (balloon) rating; and

either:

is the holder of an AOC that authorises balloon flying training; or

is employed to instruct by, or instructs under an arrangement with, a person who is the holder of an AOC that authorises balloon flying training.

balloon class endorsement means an endorsement that authorises its holder to fly balloons included in a particular class of balloon.

balloon flight crew licence: see regulation 5.08.

balloon flight crew rating means a rating of a kind mentioned in regulation 5.13.

balloon flying school means a school for which there is an AOC that authorises the school to conduct balloon flying training.

balloon flying training means any training given during flight time in a balloon for the purpose of increasing a person’s skill in flying the balloon.

balloon proficiency check means a check that tests the aeronautical skills and aeronautical knowledge relevant to balloon flight of the person undertaking the check.

CAR certificate of validation means a certificate issued under regulation 5.27.

CASA flying operations inspector means a person employed by CASA as: a flying operations inspector (however described); or a senior flying operations inspector (however described).

a flying operations inspector (however described); or

a senior flying operations inspector (however described).

chief balloon flying instructor means a person: who holds a current flight instructor (balloon) rating; and who is appointed by a balloon flying school to supervise the balloon flying training given by the school; and whose appointment is approved by CASA under regulation 5.58. class, of balloon, means a class mentioned in table 5.01.

who holds a current flight instructor (balloon) rating; and

who is appointed by a balloon flying school to supervise the balloon flying training given by the school; and

whose appointment is approved by CASA under regulation 5.58.

class, of balloon, means a class mentioned in table 5.01.

commercial (balloon) pilot means the holder of a commercial pilot (balloon) licence.

equivalent: see regulation 5.31.

flight radiotelephone operator licence means a flight radiotelephone operator licence issued under this Part.

flight radiotelephone practical test means a practical test of a person’s knowledge and skill in the use of an aeronautical radio set by CASA under subregulation 5.41(3).

flight test means a practical test of a person’s aeronautical knowledge and practical flying skill set by CASA under subregulation 5.41(2).

free flight time means any part of the flight time in the balloon during which it is not tethered.

overseas balloon authorisation means an authorisation (however described) that: authorises the holder to perform activities essential to the operation of balloons during flight time; and is issued by the responsible authority of a Contracting State.

authorises the holder to perform activities essential to the operation of balloons during flight time; and

is issued by the responsible authority of a Contracting State.

overseas medical certificate means a certificate that: is issued by the responsible authority of the Contracting State that issued the authorisation; and indicates that its holder meets the medical standard set by the responsible authority; and authorises its holder to exercise the authority given by the authorisation in the Contracting State.

is issued by the responsible authority of the Contracting State that issued the authorisation; and

indicates that its holder meets the medical standard set by the responsible authority; and

authorises its holder to exercise the authority given by the authorisation in the Contracting State.

overseas radio licence means a licence (however described) issued in accordance with Annex 1 to the Chicago Convention by a country that is a signatory to the International Telecommunication Convention.

personal log book means the log book required by regulation 5.51.

responsible authority means the authority that has responsibility for the licensing of persons to perform activities essential to the operation of balloons in the State.

responsible organisation means:

the responsible authority of a Contracting State; or

the Defence Force of Australia, or of a Contracting State; or

a sport aviation body.

student record means a record of a person’s progress in balloon flying training and ground training that is kept by a balloon flying school at which the person receives balloon flying training.

syllabus means a syllabus of training published under regulation 5.59.

tethered flight time means any part of the flight time in the balloon during which the balloon is tethered.

theory examination means an examination set under subregulation 5.41(1).

giving balloon flying training;

flying at night under the VFR.

the holder performs an activity authorised by the licence; and

the holder does not meet the requirement mentioned in subregulation (2).

hold a current class 1 or 2 medical certificate; or

have the permission of CASA to perform the activity without holding a current medical certificate.

in all the circumstances it is reasonable to allow the holder to perform the duty without holding the certificate; and

the performance of the activity by the holder without holding the certificate will not adversely affect the safety of air navigation.

the holder is required to hold an overseas medical certificate for the authorisation to exercise the authority given by the authorisation in the country in which the authorisation was issued; and

the holder performs an activity authorised by the certificate; and

the holder does not hold an overseas medical certificate for the authorisation that is in force.

the person attempts a flight test for a commercial pilot (balloon) licence; and

the person does not hold a class 1 or 2 medical certificate.

the officer conducts a flight test for the issue of a commercial pilot (balloon) licence or for the issue, or renewal, of a balloon flight crew rating; and

the person attempting the test does not meet the requirement mentioned in subregulation (3).

hold a current class 1 or 2 medical certificate; or

hold both:

a CAR certificate of validation for an overseas balloon authorisation; and

a current overseas medical certificate for the authorisation.

possesses a knowledge of the English language that is sufficient to enable him or her to exercise safely the authority given by the licence; and

is qualified to hold the licence; and

is a suitable person to hold the licence.

has knowingly or recklessly made a false or misleading statement in relation to the person’s application for the licence; or

does not satisfy the requirements of subregulation (1).

any action taken by CASA, or a responsible organisation, in relation to any authority to perform activities essential to the operation of a balloon during flight time that was given to the applicant by CASA, or the organisation; and

any other matter that relates to the safety of air navigation.

is aware of information that is relevant to a matter that CASA must take into account under subregulation (3); and

does not disclose the information to CASA.

the flight tests that must be passed by the person; and

any other requirements that must be satisfied by the person; and

any other condition that must be satisfied by, or in relation to, the person.

the person has passed the necessary flight tests; and

the person satisfies the other requirements; and

any other condition to be met by, or in relation to, the person has been met;

for the issue, or renewal, of the rating.

has knowingly or recklessly made a false or misleading statement in relation to the person’s application for the rating; or

does not satisfy the requirements of subregulation (3).

the end of the period set out in the Civil Aviation Orders as the period for which a rating of that kind remains in force; or

the end of the period set out by CASA in the holder of the rating’s personal log book as the period for which the rating remains in force; or

it is suspended or cancelled;

whichever occurs first.

any condition that must be satisfied by, or in relation to, the person; and

the content of any test that must be passed by the person; and

the way in which a test is to be conducted.

set out the condition in the approval; or

give it as a direction in Civil Aviation Orders.

the person’s commercial pilot (balloon) licence is suspended or cancelled; or

a court makes an order in relation to the person under the authority given by the person’s commercial pilot (balloon) licence; orsection 30A of the Act that affects

there are reasonable grounds for believing that the person has contravened a condition to which his or her approval is subject; or

it is necessary to do so in the interests of the safety of air navigation.

has knowingly or recklessly made a false or misleading statement in relation to the person’s application for an endorsement; or

does not satisfy the requirements of subregulation (2).

the person’s overseas balloon authorisation is in force; and

where the person is required to hold an overseas medical certificate for the authorisation to exercise the authority given by the authorisation in the country in which the authorisation was issued—the person holds an overseas medical certificate for the authorisation that is in force.

the applicant satisfies the requirements of subregulation (1); and

the applicant possesses a knowledge of the English language that is sufficient to enable him or her to safely exercise the authority given by a CAR certificate of validation; and

the applicant is a suitable person to hold the certificate; and

the applicant has passed the CAR certificate of validation examinations that CASA considers necessary in the interests of the safety of air navigation.

has knowingly or recklessly made a false or misleading statement in relation to the application; or

does not satisfy the requirements of subregulation (2).

any action taken by CASA, or a responsible organisation, in relation to any authority to perform activities essential to the operation of a balloon during flight time that was given to the applicant by CASA, or the organisation; and

any other matter that relates to the safety of air navigation.

is aware of information that is relevant to a matter that CASA must take into account in deciding whether the applicant is a suitable person to hold the certificate; and

does not disclose the information to CASA.

a balloon flight crew licence that is the equivalent of the authorisation; or

a balloon class endorsement that is the equivalent of the authorisation; or

if the authorisation would allow the holder to perform activities in a balloon that is engaged in an activity for which a balloon flight crew rating is required—a balloon flight crew rating that is the equivalent of the authorisation;

as the case requires.

the end of the period of 3 months beginning on the day on which the certificate was issued;

the end of the period set out by CASA on the certificate as the period for which the certificate remains in force;

the overseas balloon authorisation ceases to be in force;

if a holder of the overseas balloon authorisation is required to hold an overseas medical certificate for the authorisation to exercise the authority given by the authorisation in the country in which it was issued—the overseas medical certificate for the authorisation ceases to be in force;

the CAR certificate of validation is suspended or cancelled.

the person makes an application for a CAR certificate of validation for an overseas balloon authorisation; and

at the time the application is made, the person’s overseas balloon authorisation is not in force.

the person makes an application for a CAR certificate of validation for an overseas balloon authorisation; and

the person is required to hold an overseas medical certificate for the authorisation to exercise the authority given by the authorisation in the country in which it was issued; and

at the time the application is made, the person does not hold an overseas medical certificate for the authorisation that is in force.

the holder exercises the authority given by the certificate in an Australian balloon during flight time; and

at the time of exercising the authority, the holder’s overseas balloon authorisation is not in force.

the holder exercises the authority given by the certificate in an Australian balloon during flight time; and

the person is required to hold an overseas medical certificate for the authorisation to exercise the authority given by the authorisation in the country in which it was issued; and

at the time of exercising the authority, the holder does not hold an overseas medical certificate for the authorisation that is in force.

the person flies a balloon as pilot acting in command under supervision; and

either:

the person does not satisfy subregulation (3) in relation to the balloon; or

the person does not satisfy subregulation (4) in relation to the balloon.

the operator permits a person to fly a balloon as pilot acting in command under supervision; and

the person does not satisfy subregulation (3) in relation to the balloon.

the person holds:

a commercial pilot (balloon) licence; or

a CAR certificate of validation for an overseas balloon authorisation that is equivalent to a commercial pilot (balloon) licence; and

the person holds a balloon class endorsement that authorises him or her to fly the balloon as pilot in command; and

if the person carries out an activity for which a balloon flight crew rating is required—the person holds a balloon flight crew rating that permits him or her to carry out that activity as pilot in command of the balloon.

the person is the co-pilot of the balloon; and

the operator of the balloon permits the person to fly the balloon as pilot acting in command under supervision; and

the pilot in command of the balloon is appointed for the purpose by the operator of the balloon.

commercial pilot (balloon) licence theory examinations;

flight radiotelephone theory examinations.

conducts a flight test; and

has not, at least 24 hours before the test:

given CASA notice of the time, date, place and nature of the proposed test; and

obtained from CASA a flight test number for the test.

conducts a flight test; and

does not do each of the following:

enter the flight test number on the flight test report form used for the flight test;

record the results of the test on the flight test report form;

send the flight test report form to CASA:

(A) if the test is passed—within 14 days after the day of the test; or

(B) if the test is failed—within 90 days after the day of the test.

are described in the notice; and

are in the officer’s possession and control; and

are reasonably required by CASA in relation to the test.

receives a notice under subregulation (3); and

does not send the documents to CASA within:

if the test is passed—14 days after the day of the test; or

if the test is failed—90 days after the day of the test.

testing the balloon; or