3 a person is not required to report a defect under

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(3) A person is not required to report a defect under subregulation (2) if: (a) the person was engaged in the maintenance as an employee; or (b) the person is the holder of the certificate of registration for the aircraft. (4) If the holder of the certificate of registration for an Australian aircraft becomes aware of the existence of a defect in the aircraft, he or she must: (a) have an investigation made of the defect; and (b) if the defect is a major defect have a report made to CASA with respect to the defect and to any matters revealed by the investigation. Penalty: 25 penalty units. Authorised Version F2017C00094 registered 01/02/2017
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Defect reporting Part 4B Regulation 51A Civil Aviation Regulations 1988 109 Compilation No. 87 Compilation date: 27/1/17 Registered: 31/1/17 51A Reporting of defects in Australian aircraft: major defects (1) This regulation applies to major defects: (a) that have caused, or that could cause, a primary structural failure in an aircraft; or (b) that have caused, or that could cause, a control system failure in an aircraft; or (c) that have caused, or that could cause, an engine structural failure in an aircraft; or (d) caused by, that have caused, or that could cause, fire in an aircraft. (2) 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. (2A) An offence against subregulation (2) is an offence of strict liability. Note: For strict liability , see section 6.1 of the Criminal Code . (3) A person must not prevent another person from reporting a defect of a kind to which this regulation applies. Penalty: 50 penalty units. (4) It is a defence to a prosecution under subregulation (2) if the person charged establishes: (a) a reason for not being able to report the defect to CASA immediately; and (b) that the reason was: (i) by its nature such as to prevent the person reporting the defect to CASA immediately; or (ii) that the defect required further investigation to discover the extent of the defect; and (c) that the person reported the defect to CASA as soon as he or she was not prevented by the reason from doing so. Authorised Version F2017C00094 registered 01/02/2017
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Part 4B Defect reporting Regulation 51B 110 Civil Aviation Regulations 1988 Compilation No. 87 Compilation date: 27/1/17 Registered: 31/1/17 51B Defects discovered in complying with directions by CASA (1) If a person discovers a defect in an aircraft in the course of complying with an airworthiness directive or a direction given by CASA under regulation 38, the person must report the defect to CASA. Penalty: 25 penalty units. (2) An offence against subregulation (1) is an offence of strict liability.
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