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apply in relation to the aircraft.
Replacement Page Amdt No. 8
December 2004
Civil Aviation Regulations 1988 105
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(3) CASA must not revoke an exemption or a variation unless CASA
thinks it is necessary to do so for the purpose of ensuring the safety of
air navigation.
42ZU Effect of grant of exemption or approval of variation
(1) If:
(a) CASA or an authorised person has granted an exemption from a
requirement to which this Division applies; and
(b) that exemption is in force;
then, subject to any conditions imposed under subregulation 42ZS (2),
a person identified in the approval under subparagraph
42ZS (4) (a) (ii) is exempt from compliance with the requirement in
relation to the aircraft concerned.
(2) If:
(a) CASA or an authorised person has approved a variation of a
requirement to which this Division applies; and
(b) 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.
106 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
Division 8 Maintenance Control Manual and Maintenance Controller
42ZV Maintenance controllers
(1) The operator of a class A aircraft must appoint a person to be the
maintenance controller for the aircraft.
Penalty: 50 penalty units.
(2) The same person may be appointed as the maintenance controller for
more than 1 class A aircraft.
(3) A person appointed as the maintenance controller for a class A aircraft
must not undertake duties as the maintenance controller if each of the
following requirements is not satisfied:
(a) the appointment is approved under regulation 42ZW;
(b) the approval is not suspended or cancelled under regulation
42ZX.
Penalty: 50 penalty units.
(4) An offence against subregulation (1) or (3) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
42ZW Approval of maintenance controllers
(1) The operator of a class A aircraft may ask CASA to approve a
person’s appointment as the maintenance controller for the aircraft.
(2) CASA must, on receiving a request for approval of a person’s
appointment, approve the appointment if it is reasonably satisfied that
the person:
(a) meets the requirements of Part 1 of Schedule 9; and
(b) can properly perform the functions set out in Part 2 of Schedule 9.
[Note A decision not to approve the appointment of a person to be a maintenance
controller is reviewable by the Administrative Appeals Tribunal under regulation
297A.]
(3) CASA may approve an appointment subject to any condition that is
necessary in the interests of the safety of air navigation.
[Note A decision to approve the appointment of a person to be a maintenance
controller subject to conditions is reviewable by the Administrative Appeals
Tribunal under regulation 297A.]
(4) If CASA approves a person’s appointment it must give a copy of the
approval, including the conditions (if any) applicable to the approval,
both to the person and to the operator.
(5) A person whose appointment is approved must not contravene a
condition to which the approval is subject.
Penalty: 50 penalty units.
Civil Aviation Regulations 1988 107
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(5A) An offence against subregulation (5) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(6) An approval stops being in force if:
(a) it is cancelled; or
(b) the appointment to which it relates ends.
(7) If CASA suspends an approval, the approval has no effect during the
period of the suspension.
42ZX Suspension or cancellation of approvals
(1) CASA may suspend or cancel an approval of a person’s appointment
as the maintenance controller for a class A aircraft if:
(a) the person is not carrying out the maintenance controller’s
functions satisfactorily; or
(b) the person has contravened a condition to which the approval is
subject.
[Note A decision to suspend or cancel an approval is reviewable by the
Administrative Appeals Tribunal under regulation 297A.]
(2) A suspension or cancellation does not have effect until a notice of the
suspension or cancellation is served on:
　
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