Keeping of defective aircraft and aircraft components
52B Keeping of defective aircraft and aircraft components
This regulation applies where a person:
who owns an aircraft or an aircraft component; or
who is otherwise in possession of an aircraft or an aircraft component;
is required, by a provision of this Division, to report a defect in the aircraft or component to CASA.
The person must take reasonable steps to ensure that:
the aircraft, or the part of the aircraft that is defective; or
the aircraft component;
as the case requires, is kept in a state that will allow CASA to investigate the defect.
Penalty: 25 penalty units.
An offence against subregulation (2) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
Subject to subregulation (5), the obligation under subregulation (2) ends when CASA gives the person notice that the aircraft, part of the aircraft, or aircraft component is no longer required to be kept in a state that allows CASA to investigate the defect.
CASA must give the notice to the person within a period of 1 year from the day on which the defect was reported to CASA.
If CASA does not give the notice to the person within that period, the obligation under subregulation (2) ends at the end of that period.
This Act’s bill:Explanatory statement
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