Reporting of defects in Australian aircraft: major defects
51A Reporting of defects in Australian aircraft: major defects
This regulation applies to major defects:
that have caused, or that could cause, a primary structural failure in an aircraft; or
that have caused, or that could cause, a control system failure in an aircraft; or
that have caused, or that could cause, an engine structural failure in an aircraft; or
caused by, that have caused, or that could cause, fire in an aircraft.
If a person connected with the operation of, or the carrying out of maintenance on, an Australian aircraft discovers a defect in the aircraft, being a defect of a kind to which this regulation applies, the person must report the defect to CASA immediately.
Penalty: 50 penalty units.
An offence against subregulation (2) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
A person must not prevent another person from reporting a defect of a kind to which this regulation applies.
Penalty: 50 penalty units.
It is a defence to a prosecution under subregulation (2) if the person charged establishes:
a reason for not being able to report the defect to CASA immediately; and
that the reason was:
by its nature such as to prevent the person reporting the defect to CASA immediately; or
that the defect required further investigation to discover the extent of the defect; and
that the person reported the defect to CASA as soon as he or she was not prevented by the reason from doing so.
This Act’s bill:Explanatory statement
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