Air Navigation (Fuel Spillage) Regulations 1999 (Cth)
made under the
This compilation was prepared on 22 February 2002
taking into account amendments up to SR 2002 No. 13
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Part 2 Scheme to prevent release of fuel from aircraft in flight
These regulations are the
Air Navigation (Fuel Spillage) Regulations 1999 .
These regulations commence on gazettal.
A note in these regulations is an explanatory note and does not form part of these regulations.
(1) An example in these regulations is part of these regulations.
(2) If a provision includes an example of its operation:
(a) the example is not exhaustive; and
(b) if the example is inconsistent with the provision — the provision prevails.
In these regulations:
CASA means the Civil Aviation Safety Authority established by theCivil Aviation Act 1988 .
Commonwealth jurisdiction aircraft has the same meaning as in the Air Services Act 1995.
grounding notice means a notice issued under regulation 9.
infringement notice means a notice issued under regulation 19.
infringement notice offence means an offence that is declared by a provision of these regulations to be an infringement notice offence.
(1) If a provision of these regulations says that an offence is an offence of strict liability:
(a) there is no mental element (that is, intention, knowledge, recklessness or negligence) for any act or omission that constitutes the offence; and
(b) the defence of mistake of fact is available.
(2) For subregulation (1), a person makes a
mistake of fact in relation to an offence only if:(a) at or before the time of the act or omission constituting the offence, the person considered whether or not facts existed, and is under a mistaken but reasonable belief about those facts; and
(b) had those facts existed, the conduct would not have constituted an offence.
(3) A person may be regarded as having considered whether or not facts existed if:
(a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and
(b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.
(1) The operator of a Commonwealth jurisdiction aircraft must ensure that fuel is not released from the aircraft during flight.
Penalty: 25 penalty units.
Note Sections 3AB and 3AC of theAir Navigation Act 1920 explain when a flight starts and ends.(2) Subregulation (1) is not contravened if:
(a) fuel is released from an aircraft according to a permission given by a person performing duty in Air Traffic Control; or
(b) fuel is released from an aircraft according to a direction issued by CASA for paragraph 150 (2) (a) of the
Civil Aviation Regulations 1988 ; or(c) in an emergency, fuel is released from an aircraft over areas where it does not create a hazard to a person or property on the ground or water; or
(d) fuel is released from a turbine engine of an aircraft manufactured before 18 February 1982 because the engine is shut down.
(3) A contravention of subregulation (1) is an offence of strict liability.
(4) A contravention of subregulation (1) is an infringement notice offence, and if an infringement notice is issued for such a contravention, the penalty payable under the notice is 5 penalty units.
(5) In this regulation:
Air Traffic Control has the same meaning as in theCivil Aviation Regulations 1988 .
(1) The Secretary may inspect a Commonwealth jurisdiction aircraft to find out whether the aircraft’s fuel system might release fuel from the aircraft during flight.
(2) If the Secretary intends to inspect an aircraft, the Secretary must consult with the aircraft’s operator to set a time, date and place for inspection.
(3) At least 5 days before the inspection, the Secretary must tell the aircraft’s operator, in writing, the time, date and place for inspection.
Note If the aircraft’s operator does not allow the Secretary to inspect the aircraft, the Secretary may issue the operator a grounding notice for the aircraft — see regulation 9.
(1) This regulation applies if:
(a) there are reasonable grounds for believing that a Commonwealth jurisdiction aircraft’s fuel system will release fuel from the aircraft during flight; or
(b) the operator of a Commonwealth jurisdiction aircraft does not allow the Secretary to inspect the aircraft under regulation 8.
(2) The Secretary may issue a notice (called a grounding notice) for the aircraft to the aircraft’s operator.
(1) A grounding notice for an aircraft must explain:
(a) that, unless the Secretary withdraws the notice, it would be a contravention of regulation 14 for the aircraft’s operator to allow the aircraft to start a flight without the written permission of the Secretary; and
(b) that the notice will not be withdrawn unless the Secretary is satisfied that the aircraft’s fuel system will not release fuel from the aircraft during flight; and
(c) how the aircraft’s operator may satisfy the Secretary that the aircraft’s fuel system will not release fuel from the aircraft during flight.
(2) A grounding notice for an aircraft must also set out the following information:
(a) the name of the aircraft’s operator;
(b) a description of the aircraft;
(c) the aircraft’s registration mark;
(d) if the notice is given because there are reasonable grounds for believing that the aircraft’s fuel system will release fuel from the aircraft during flight — a statement to that effect and the reasons for coming to that conclusion;
(e) if the notice is given because the operator did not allow the Secretary to inspect the aircraft — a statement to that effect;
(f) the name of the person issuing the notice;
(g) the name, telephone number and address of a person in the Department who the aircraft’s operator may contact about the notice.
(1) A grounding notice must be served on the person to whom it is issued.
(2) A grounding notice may be served on an individual:
(a) by giving it to the individual; or
(b) by leaving it at, or by sending it by post, telex, facsimile or similar facility to, the address of the place of residence or business (the
relevant place ) of the individual last known to the person issuing it; or(c) by giving it, at the relevant place, to someone who:
(i) lives or is employed, or apparently lives or is employed, there; and
(ii) is, or the person issuing it has reason to believe is, over 16 years.
(3) A grounding notice may be served on a corporation:
(a) by leaving it at, or by sending it by post, telex, facsimile or similar facility to, the address of the head office, a registered office or a principal office of the corporation; or
(b) by giving it, at an office mentioned in paragraph (a), to someone who is, or the person issuing it has reason to believe is, an officer or employee of the corporation.
(1) The Secretary must not withdraw a grounding notice for an aircraft unless the Secretary is satisfied that the aircraft’s fuel system will not release fuel from the aircraft during flight.
Examples of how Secretary may be satisfied 1 The operator of the aircraft gives the Secretary information in writing showing that the aircraft’s fuel system has been maintained and serviced according to the specifications of the aircraft’s manufacturer.
2 The operator of the aircraft gives the Secretary:
(a) information in writing showing that the aircraft’s fuel system has been maintained by a person who holds an aircraft maintenance engineer licence covering the maintenance and who is permitted under regulation 42ZC of the
Civil Aviation Regulations 1988 to carry out the maintenance; and(b) a statement in writing by the person mentioned in paragraph (a) certifying that the aircraft’s fuel system will not release fuel from the aircraft during flight.
3 The operator of the aircraft gives the Secretary:
(a) information in writing showing that the aircraft’s fuel system has been inspected by a person to whom the Secretary has delegated the power of inspection under regulation 8; and
(b) a statement in writing by the person mentioned in paragraph (a) certifying that the aircraft’s fuel system will not release fuel from the aircraft during flight.
(2) As soon as practicable after the Secretary is satisfied for subregulation (1), the Secretary must withdraw the grounding notice.
(3) In this regulation:
aircraft maintenance engineer licence has the same meaning as in the Civil Aviation Regulations 1988.
As soon as practicable after the Secretary withdraws a grounding notice for an aircraft, the Secretary must tell the aircraft’s operator, in writing, about the withdrawal.
(1) If the Secretary issues a grounding notice for an aircraft to the aircraft’s operator, the operator must ensure that the aircraft does not start a flight.
Penalty: 45 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note Forstrict liability , see section 6.1 of theCriminal Code .(3) An offence against subregulation (1) is an infringement notice offence, and if an infringement notice is issued for such an offence, the penalty payable under the notice is 9 penalty units.
(4) It is a defence to a prosecution under subregulation (1) that, before the flight, the Secretary gave permission in writing for the aircraft to start the flight, or that the Secretary withdrew the grounding notice.
Note A defendant bears an evidential burden in relation to whether or not the Secretary gave permission in writing, or withdrew the grounding notice (see subsection 13.3 (3) of theCriminal Code ).
The Secretary may give permission under regulation 14 for an aircraft to start a flight only if it is in the public interest.
Example of public interest Permitting an aircraft to start a flight to a place for servicing.
(1) In this regulation:
decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.(2) Application may be made under the
Administrative Appeals Tribunal Act 1975 to the Administrative Appeals Tribunal for review of a decision of the Secretary:(a) under regulation 9 — to issue a grounding notice for an aircraft to the aircraft’s operator; or
(b) under regulation 12 — to withdraw or not to withdraw a grounding notice; or
(c) under regulation 14 — to give or not to give permission to start a flight.
(1) The purpose of this Division is to create a system of infringement notices for offences against these regulations as an alternative to prosecution.
(2) This Division does not:
(a) require an infringement notice to be issued to a person for an offence; or
(b) affect the liability of a person to be prosecuted for an offence if an infringement notice is not issued to the person for the offence; or
(c) prevent the issue of 2 or more infringement notices to a person for an offence; or
(d) affect the liability of a person to be prosecuted for an offence if the person does not comply with an infringement notice for the offence; or
(e) limit or otherwise affect the penalty that may be imposed by a court on a person convicted of an offence.
(3) If 2 or more infringement notices are issued to a person for the same offence, the person's liability to be prosecuted for the offence ceases if the person pays the infringement notice penalty for any of the notices.
In this Division:
penalty , for an infringement notice offence, means the penalty for the offence if an infringement notice is issued for the offence.
Note If an offence created by a provision of these regulations is an infringement notice offence, another provision will say so, and specify the applicable fixed penalty.
If the Secretary has reason to believe that a person has committed an infringement notice offence, the Secretary may issue a notice (called an infringement notice) to the person for the offence.
(1) An infringement notice issued for an offence must:
(a) be identified by a unique number; and
(b) give the name of the person who issued it; and
(c) state its date of issue; and
(d) state the full name, or the surname and initials, and the address of the person to whom it is issued; and
(e) give brief details of the offence, including:
(i) the date and time of the offence; and
(ii) where the offence happened; and
(iii) the provision of these regulations contravened; and
(f) state the penalty for the offence payable under the notice; and
(g) state the place where, and any method by which, the penalty may be paid; and
(h) tell the person to whom it is issued where, and to whom, the person should apply to be allowed more time to pay the penalty; and
(i) be signed by the person who issued it; and
(j) tell the person to whom it is issued where, and to whom, the person should apply for the notice to be withdrawn; and
(k) tell the person to whom it is issued that the person may pay the penalty specified in the notice by posting or delivering the payment to the place of payment specified in the notice; and
(l) if there is another way to pay the penalty — tell the person to whom it is issued what that way is; and
(m) tell the person to whom it is issued that if the person pays the penalty within 28 days after the day when the notice is served on the person (or any longer time allowed in writing by the Secretary) — unless the infringement notice is subsequently withdrawn and any penalty paid refunded:
(i) any liability of the person for the offence will be discharged; and
(ii) the person will not be prosecuted in a court for the offence; and
(iii) the person will not be taken to have been convicted of the offence; and
(n) tell the person to whom it is issued that if the person is prosecuted in court and found guilty of the offence, the person may be convicted of the offence and ordered to pay a penalty and costs, and be subject to any other order that the court makes; and
(o) tell the person to whom it is issued the greatest penalty that a court could impose for the offence.
(2) An infringement notice may contain any other information that the Secretary thinks necessary.
(1) An infringement notice must be served on the person to whom it is issued.
(2) An infringement notice may be served on an individual:
(a) by giving it to the individual; or
(b) by leaving it at, or by sending it by post, telex, facsimile or similar facility to, the address of the place of residence or business (the
relevant place ) of the individual last known to the person issuing it; or(c) by giving it, at the relevant place, to someone who:
(i) lives or is employed, or apparently lives or is employed, there; and
(ii) is, or the person issuing it has reason to believe is, over 16 years.
(3) An infringement notice may be served on a corporation:
(a) by leaving it at, or by sending it by post, telex, facsimile or similar facility to, the address of the head office, a registered office or a principal office of the corporation; or
(b) by giving it, at an office mentioned in paragraph (a), to someone who is, or the person issuing it has reason to believe is, an officer or employee of the corporation.
The penalty mentioned in an infringement notice must be paid:
(a) within 28 days after the day on which the notice is served on the person to whom it is issued; or
(b) if the person applies for a further period of time in which to pay the penalty, and that application is granted — within the further period allowed; or
(c) if the person applies for a further period of time in which to pay the penalty, and the application is refused — within 7 days after the notice of the refusal is served on the person; or
(d) if the person applies for the notice to be withdrawn, and the application is refused — within 28 days after the notice of the refusal is served on the person.
(1) The person to whom an infringement notice is issued (
the recipient ) may apply, in writing, to the Secretary for a further period of 28 days or less in which to pay the penalty mentioned in the notice.(2) The Secretary must:
(a) grant or refuse a further period; and
(b) tell the recipient in writing of the decision and, if the decision is a refusal, the reasons for it.
(3) Notice of the decision may be served on the recipient in any way in which the infringement notice could have been served on the recipient.
If an infringement notice is not withdrawn, and the person to whom it is issued for an offence pays the penalty stated in the notice:
(a) any liability of the person for the offence is discharged; and
(b) the person may not be prosecuted in a court for the offence; and
(c) the person is not taken to have been convicted of the offence.
(1) With or without an application under subregulation (2), the Secretary may withdraw an infringement notice.
(2) Before the end of 28 days after receiving an infringement notice, a person may apply, in writing, to the Secretary for the infringement notice to be withdrawn.
(3) The Secretary must:
(a) withdraw or refuse to withdraw the notice; and
(b) tell the applicant in writing of the decision and, if the decision is a refusal, the reasons for it.
(4) Before withdrawing or refusing to withdraw a notice, the Secretary must consider:
(a) whether the person has been convicted previously of an offence against these regulations; and
(b) the circumstances of the offence stated in the notice; and
(c) whether the person has previously paid a penalty under an infringement notice issued to the person for an offence of the same type as the offence mentioned in the notice; and
(d) any other matter the Secretary considers relevant to the particular case.
(1) Notice of the withdrawal of an infringement notice may be served on a person in any way in which the infringement notice could have been served on that person.
(2) A notice withdrawing an infringement notice served on a person for an offence must:
(a) include the following information:
(i) the full name, or surname and initials, and address of the person;
(ii) the number of the infringement notice;
(iii) the date of issue of the infringement notice; and
(b) state that the notice is withdrawn; and
(c) if the Secretary intends to prosecute the person in a court for the offence — state that the person may be prosecuted in a court for the offence.
If an infringement notice is withdrawn after the penalty has been paid, the Commonwealth must refund the amount of the penalty to the person who paid it.
The Secretary may, in writing, delegate all or any of the Secretary’s powers under these regulations, except this power of delegation, to:
(a) an officer of the Department; or
(b) a member of the staff of CASA.
The
1999 No. 91 | 4 June 1999 | 4 June 1999 | |
2001 No. 73 | 12 Apr 2001 | 12 Apr 2001 | — |
2002 No. 13 | 21 Feb 2002 | 21 Feb 2002 | — |
am. = amended rep. = repealed rs. = repealed and substituted | |
R. 14...................................... | rs. 2002 No. 13 |
R. 16...................................... | am. 2001 No. 73 |
0
0
0