Civil Aviation Amendment Regulations 2003 (No. 5) (Cth)

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Civil Aviation Amendment Regulations 2003 (No. 5)1

Statutory Rules 2003 No. 2012

I, GUY STEPHEN MONTAGUE GREEN, Administrator of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Civil Aviation Act 1988.

Dated 30 July 2003

G. S. M. GREEN

Administrator

By His Excellency’s Command

JOHN ANDERSON

Minister for Transport and Regional Services

1Name of Regulations

These Regulations are the Civil Aviation Amendment Regulations 2003 (No. 5).

2Commencement

These Regulations commence on gazettal.

3Amendment of Civil Aviation Regulations 1988

Schedule 1 amends the Civil Aviation Regulations 1988.

Schedule 1Amendments

(regulation 3)

  

[1]Subregulation 2 (1), after definition of elevation

insert

engage in conduct means:

  1. (a)

    do an act; or

  2. (b)

    omit to perform an act.

[2]Subregulation 6A (3)

omit

as soon as practicable.

insert

within 7 days of the person stopping being an authorised person.

[3]After subregulation 6A (3), including the penalty

insert

  1. (3A)

    An offence against subregulation (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (3B)

    It is a defence to a prosecution under subregulation (3) if the defendant returned the identity card to CASA as soon as practicable.

Note A defendant bears an evidential burden in relation to the matter in subregulation (3B) (see subsection 13.3 (3) of the Criminal Code).

[4]Subregulation 13C (1)

omit

withdrawal.

insert

withdrawal, in accordance with subregulation (2).

[5]Subregulation 13C (1), at the foot

insert

Penalty: 5 penalty units.

[6]Subregulation 13C (3)

substitute

  1. (3)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code

  1. (4)

    It is a defence to a prosecution under subregulation (1) if the defendant had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the matter in subregulation (4) (see subsection 13.3 (3) of the Criminal Code).

[7]Subregulation 13D (1), at the foot

insert

Penalty: 5 penalty units.

[8]Subregulation 13D (2), at the foot

insert

Penalty: 5 penalty units.

[9]Subregulation 13D (3)

substitute

  1. (3)

    An offence against subregulation (1) or (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (4)

    It is a defence to a prosecution under subregulation (1) or (2) if the defendant had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the matter in subregulation (4) (see subsection 13.3 (3) of the Criminal Code).

[10]Subregulation 13E (1), at the foot

insert

Penalty: 5 penalty units.

[11]Subregulation 13E (2)

substitute

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (3)

    It is a defence to a prosecution under subregulation (1) if the defendant had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the matter in subregulation (3) (see subsection 13.3 (3) of the Criminal Code).

[12]Subregulation 13F (3)

substitute

  1. (3)

    The holder of a certificate of registration who receives a requirement under this regulation must comply with the requirement.

Penalty: 5 penalty units.

  1. (4)

    An offence against subregulation (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (5)

    It is a defence to a prosecution under subregulation (3) if the defendant had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the matter in subregulation (5) (see subsection 13.3 (3) of the Criminal Code).

[13]Subregulation 13G (1), at the foot

insert

Penalty: 5 penalty units.

[14]Subregulation 13G (2)

substitute

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (3)

    It is a defence to a prosecution under subregulation (1) if the defendant had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the matter in subregulation (3) (see subsection 13.3 (3) of the Criminal Code).

[15]Subregulation 13I (1)

omit

writing

insert

writing, as required by this regulation,

[16]Subregulation 13I (1), at the foot

insert

Penalty: 5 penalty units.

[17]Subregulation 13I (6)

substitute

  1. (6)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (7)

    It is a defence to a prosecution under subregulation (1) if the defendant had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the matter in subregulation (7) (see subsection 13.3 (3) of the Criminal Code).

[18]Subregulation 13R (1), at the foot

insert

Penalty: 5 penalty units.

[19]Subregulation 13R (2)

substitute

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (3)

    It is a defence to a prosecution under subregulation (1) if the defendant had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the matter in subregulation (3) (see subsection 13.3 (3) of the Criminal Code).

[20]Subregulation 29 (6), penalty

substitute

Penalty: 50 penalty units.

[21]After subregulation 29 (6), including the penalty

insert

  1. (7)

    An offence against subregulation (6) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[22]Subregulation 30 (3A)

omit

not, without reasonable excuse,

insert

not

[23]After subregulation 30 (3A), including the penalty

insert

  1. (3B)

    An offence against subregulation (3A) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (3C)

    It is a defence to a prosecution under subregulation (3A) if the defendant had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the matter in subregulation (3C) (see subsection 13.3 (3) of the Criminal Code).

[24]After subregulation 30 (4A), including the penalty

insert

  1. (4B)

    An offence against subregulation (4A) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[25]Subregulation 30B (3), penalty

substitute

Penalty: 5 penalty units.

[26]After subregulation 30B (3), including the penalty

insert

  1. (4)

    An offence against subregulation (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[27]After subregulation 31 (2A), including the penalty

insert

  1. (2B)

    An offence against subregulation (2A) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[28]Subregulation 31 (3A)

omit

not, without reasonable excuse,

insert

not

[29]After subregulation 31 (3A), including the penalty

insert

  1. (3B)

    An offence against subregulation (3A) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (3C)

    It is a defence to a prosecution under subregulation (3A) if the defendant had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the matter in subregulation (3C) (see subsection 13.3 (3) of the Criminal Code).

[30]Subregulation 33B (4)

omit

not, without reasonable excuse,

insert

not

[31]Subregulation 33B (4), penalty

substitute

Penalty: 50 penalty units.

[32]After subregulation 33B (4), including the penalty

insert

  1. (5)

    An offence against subregulation (4) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (6)

    It is a defence to a prosecution under subregulation (4) if the defendant had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the matter in subregulation (6) (see subsection 13.3 (3) of the Criminal Code).

[33]Subregulation 33F (2)

substitute

  1. (2)

    If an aircraft welding authority is cancelled, its holder must return it to CASA within 7 days after the cancellation.

Penalty: 5 penalty units.

  1. (3)

    An offence against subregulation (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (4)

    It is a defence to a prosecution under subregulation (2) if the defendant returned the aircraft welding authority to CASA as soon as practicable.

Note A defendant bears an evidential burden in relation to the matter in subregulation (4) (see subsection 13.3 (3) of the Criminal Code).

[34]Subregulation 33I (3)

omit

not, without reasonable excuse,

insert

not

[35]After subregulation 33I (3), including the penalty

insert

  1. (4)

    An offence against subregulation (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (5)

    It is a defence to a prosecution under subregulation (3) if the defendant had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the matter in subregulation (5) (see subsection 13.3 (3) of the Criminal Code).

[36]Subregulation 34 (3A)

omit

not, without reasonable excuse,

insert

not

[37]After subregulation 34 (3A), including the penalty

insert

  1. (3B)

    An offence against subregulation (3A) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (3C)

    It is a defence to a prosecution under subregulation (3A) if the defendant had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the matter in subregulation (3C) (see subsection 13.3 (3) of the Criminal Code).

[38]Subregulation 34 (5), penalty

substitute

Penalty: 50 penalty units.

[39]After subregulation 34 (5), including the penalty

insert

  1. (6)

    An offence against subregulation (5) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[40]Subregulation 35 (7A)

omit

not, without reasonable excuse,

insert

not

[41]After subregulation 35 (7A), including the penalty

insert

  1. (8)

    An offence against subregulation (7A) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (9)

    It is a defence to a prosecution under subregulation (7A) if the defendant had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the matter in subregulation (9) (see subsection 13.3 (3) of the Criminal Code).

[42]Subregulation 36A (3)

substitute

  1. (3)

    The person must not use, or permit the use of, aircraft material for that purpose if the aircraft material does not conform to the specification.

Penalty: 50 penalty units.

  1. (3A)

    The person must not use, or permit the use of, aircraft material for that purpose if CASA or an authorised person has not approved the use of the aircraft material for that purpose.

Penalty: 50 penalty units.

  1. (3B)

    An offence against subregulation (3) or (3A) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[43]After subregulation 37 (2A), including the penalty

insert

  1. (2B)

    An offence against subregulation (2A) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[44]Subregulation 38 (3), at the foot

insert

Penalty: 50 penalty units.

[45]After subregulation 38 (4), including the penalty

insert

  1. (5)

    An offence against subregulation (3) or (4) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[46]Subregulation 39 (1), at the foot

insert

Penalty: 50 penalty units.

[47]Subregulation 39 (2), including the note

substitute

  1. (2)

    A person must not use a class A aircraft in an operation if there is not an approved system of maintenance for the aircraft that includes provision for the maintenance of all aircraft components from time to time included in, or fitted to, the aircraft.

Penalty: 50 penalty units.

Note A system of maintenance is approved under regulation 42M.

  1. (3)

    An offence against subregulation (1) or (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[48]Regulation 40

substitute

40Defective or inappropriate systems of maintenance

If the approved system of maintenance for a class A aircraft is:

  1. (a)

    no longer appropriate; or

  2. (b)

    defective;

within 7 days of becoming aware of the inappropriate aspect or the defect, the holder of the certificate of registration for the aircraft must make a request under regulation 42P for CASA or an authorised person to approve changes to the system to ensure that it is appropriate and not defective.

Penalty: 25 penalty units.

[49]Subregulation 41 (1), at the foot

insert

Penalty: 50 penalty units.

[50]Subregulation 41 (2)

substitute

  1. (2)

    A person must not use a class B aircraft in an operation if there is not a maintenance schedule for the aircraft that includes provision for the maintenance of all aircraft components from time to time included in, or fitted to, the aircraft.

Penalty: 50 penalty units.

  1. (3)

    An offence against subregulation (1) or (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[51]Regulation 42

omit everything before paragraph (a), insert

If the maintenance schedule for a class B aircraft is defective or no longer appropriate, the holder of the certificate of registration for the aircraft, within 7 days after becoming aware of the defect, or that the schedule is inappropriate, must report the situation to CASA and take one of the following actions to ensure that the aircraft has a maintenance schedule that is appropriate and not defective:

[52]Regulation 42U

omit everything before paragraph (a), insert

  1. (1)

    A person may modify or repair an Australian aircraft only if:

[53]Regulation 42U

after the penalty, insert

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[54]After subregulation 42V (2)

insert

  1. (3)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[55]Subregulation 42W (2)

omit

must not replace an aircraft component in the aircraft with another aircraft component unless:

insert

may replace an aircraft component in the aircraft with another aircraft component only if:

[56]Subregulation 42W (4)

omit

unless:

insert

if each of the following requirements is not satisfied:

[57]Subparagraph 42W (4) (a) (ii)

omit

and

[58]Paragraph 42W (4) (b)

omit

and

[59]Subparagraph 42W (4) (c) (iv)

omit

and

[60]Paragraph 42W (4) (d)

omit the third mention of

and

[61]After subregulation 42W (5)

insert

  1. (6)

    An offence against subregulation (2) or (4) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[62]Subregulation 42X (1)

omit

must not use an aircraft material in an aircraft unless

insert

may use an aircraft material in an aircraft only if

[63]After subregulation 42X (2)

insert

  1. (3)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[64]Subregulation 42ZA (2)

substitute

  1. (2)

    A person to whom this regulation applies must not use, or permit the use of, an aircraft component, aircraft material or other thing in connection with the maintenance of the aircraft if:

    1. (a)

      use of the component, material or thing would be an offence against these Regulations if the aircraft were in Australian territory; and

    2. (b)

      CASA has not approved the use.

Penalty: 50 penalty units.

  1. (3)

    An offence against subregulation (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[65]Subregulation 42ZC (2)

substitute

  1. (1)

    The holder of the certificate of registration for, the operator of, and the pilot in command of, an Australian aircraft must not authorise or permit any maintenance to be carried out on the aircraft in Australian territory by a person if the person is not permitted by this regulation to carry out the maintenance.

Penalty: 50 penalty units.

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[66]Subregulation 42ZD (1)

omit

except by a person who is permitted by

insert

by a person if the person is not permitted by

[67]After subregulation 42ZD (1), including the penalty

insert

  1. (1A)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[68]After subregulation 42ZE (2)

insert

  1. (3)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[69]Subregulation 42ZJ (3)

substitute

  1. (3)

    If an approved system of certification of completion of maintenance is:

    1. (a)

      no longer appropriate; or

    2. (b)

      defective;

within 7 days of becoming aware of the inappropriate aspect or the defect, the person who has the approved system of certification of completion of maintenance must make a request under subregulation (1) for CASA or an authorised person to approve a proposed change to the system to ensure that it is appropriate and not defective.

Penalty: 25 penalty units.

[70]Regulation 42ZN

omit

The holder

insert

  1. (1)

    The holder

[71]Regulation 42ZN

omit

unless:

insert

if each of the following requirement is not satisfied:

[72]Subparagraph 42ZN (a) (iii)

omit

and

[73]Regulation 42ZN

after the penalty, insert

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[74]Subregulation 42ZP (1), except the note

substitute

  1. (1)

    A person must not certify the completion of maintenance carried out on an aircraft, aircraft component or aircraft material if the maintenance was not carried out in accordance with the approved maintenance data for the aircraft, aircraft component or aircraft material.

Penalty: 50 penalty units.

[75]After subregulation 42ZP (2)

insert

  1. (3)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[76]Subregulation 42ZV (3)

omit

unless:

insert

if each of the following requirements is not satisfied:

[77]Paragraph 42ZV (3) (a)

omit

and

[78]After subregulation 42ZV (3), including the penalty

insert

  1. (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.

[79]After subregulation 42ZW (5), including the penalty

insert

  1. (5A)

    An offence against subregulation (5) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[80]After subregulation 42ZY (3), including the penalty

insert

  1. (4)

    An offence against subregulation (1), (2) or (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[81]After subregulation 42ZZ (4), including the penalty

insert

  1. (5)

    An offence against subregulation (1), (3) or (4) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[82]Regulation 42ZZA

omit

An operator

insert

  1. (1)

    An operator

[83]Regulation 42ZZA

after the penalty, insert

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[84]Subregulation 43 (6)

substitute

  1. (6)

    A maintenance release may be issued in respect of an aircraft only if:

    1. (a)

      there is in force, a certificate of airworthiness for the aircraft; or

    2. (b)

      CASA has approved the issue of the maintenance release.

[85]Subregulation 43 (7)

omit everything before paragraph (a), insert

  1. (7)

    A maintenance release may be issued in respect of an aircraft only if:

[86]After subregulation 43 (16)

insert

  1. (17)

    An offence against subregulation (11) or (11A) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[87]After subregulation 43A (2), including the penalty

insert

  1. (3)

    An offence against subregulation (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[88]Regulation 43B

omit

On the completion

insert

  1. (1)

    On the completion

[89]Regulation 43B

after the penalty, insert

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[90]After subregulation 44 (3)

insert

  1. (4)

    An offence against subregulation (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[91]Regulation 46

omit

Where

insert

  1. (1)

    If

[92]Regulation 46

after the penalty, insert

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[93]Subregulation 47 (2), penalty

omit

[94]After subregulation 47 (6)

insert

  1. (7)

    An offence against subregulation (4) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[95]Subregulation 48 (3)

substitute

  1. (3)

    An authorised person must not make an endorsement under subregulation (2) if there is a reason why the endorsement to be cancelled should remain in force.

Penalty: 25 penalty units.

[96]Regulations 49 and 50

substitute

49Permissible unserviceabilities to be endorsed on maintenance releases

  1. (1)

    This regulation applies to each of the following persons in relation to an aircraft in respect of which a maintenance release is in force:

    1. (a)

      the holder of the certificate of registration for the aircraft;

    2. (b)

      the operator of the aircraft;

    3. (c)

      a flight crew member of the aircraft;

    4. (d)

      an authorised person engaged (whether as an employee or on his or her own behalf) in the maintenance of the aircraft.

  2. (2)

    If:

    1. (a)

      an aircraft in respect of which a maintenance release is in force has developed a defect, or has suffered damage, that is a permissible unserviceability; and

    2. (b)

      there is a likelihood that the aircraft will be flown before the permissible unserviceability is rectified;

a person mentioned in subregulation (1), who becomes aware of the defect or damage, must endorse the maintenance release, or other document approved for use as an alternative to the maintenance release for the purposes of this regulation, in the manner set out in subregulation (3).

Penalty: 25 penalty units.

  1. (3)

    For subregulation (2), the maintenance release or other document must be signed by the person mentioned in subregulation (1), and must:

    1. (a)

      set out each permissible unserviceability that exists with respect to the aircraft; and

    2. (b)

      set out the conditions (if any) with respect to the use of the aircraft with those permissible unserviceabilities set out in any direction given under regulation 37 in relation to those permissible unserviceabilities as are not set out in any operations manual issued with respect to the aircraft or in Part 20 of the Civil Aviation Orders; and

    3. (c)

      state that the maintenance release has effect subject to those conditions, whether set out in the maintenance release or the other document or otherwise.

50Defects and major damage to be endorsed on maintenance release

  1. (1)

    This regulation applies to each of the following persons:

    1. (a)

      the holder of the certificate of registration for an Australian aircraft;

    2. (b)

      the operator of an Australian aircraft;

    3. (c)

      a flight crew member of an Australian aircraft.

  2. (2)

    If:

    1. (a)

      there is a defect in the aircraft; or

    2. (b)

      the aircraft has suffered major damage;

a person mentioned in subregulation (1), who becomes aware of the defect or damage, must endorse the maintenance release of the aircraft or other document approved for use as an alternative for the purposes of this regulation, setting out the particulars of the defect or damage, as the case may be, and sign the endorsement.

Penalty: 25 penalty units.

[97]After subregulation 50A (2)

insert

  1. (3)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[98]Subregulation 50B (3), at the foot

insert

Penalty: 50 penalty units.

[99]Subregulation 50B (4), at the foot

insert

Penalty: 50 penalty units.

[100]Subregulation 50B (5)

substitute

  1. (5)

    A person must not engage in conduct that results in the alteration of an entry in an alternative to an aircraft log book if:

    1. (a)

      the alteration is not a single line through the words to be struck out; and

    2. (b)

      the words struck out do not remain legible.

Penalty: 50 penalty units.

  1. (6)

    An offence against subregulation (5) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[101]After subregulation 50C (3), including the penalty

insert

  1. (4)

    An offence against subregulation (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[102]Regulation 50D

omit

A person

insert

  1. (1)

    A person

[103]Regulation 50D

after the penalty, insert

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[104]After subregulation 50F (2)

insert

  1. (3)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[105]Subregulation 51 (2), at the foot

insert

Penalty: 25 penalty units.

[106]After subregulation 51A (2), including the penalty

insert

  1. (2A)

    An offence against subregulation (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[107]Subregulation 51A (3)

omit

knowingly or recklessly

[108]Regulation 51B

omit

If a person

insert

  1. (1)

    If a person

[109]Regulation 51B

after the penalty, insert

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[110]Subregulation 52 (2), at the foot

insert

Penalty: 25 penalty units.

[111]Subregulation 52 (3), at the foot

insert

Penalty: 25 penalty units.

[112]After subregulation 52 (4), including the penalty

insert

  1. (5)

    An offence against subregulation (4) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[113]After subregulation 52B (2), including the penalty

insert

  1. (2A)

    An offence against subregulation (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[114]After subregulation 53 (3A), including the penalty

insert

  1. (3B)

    An offence against subregulation (3A) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[115]After subregulation 55 (6), including the penalty

insert

  1. (7)

    An offence against subregulation (5) or (6) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[116]Subregulation 57 (1)

omit

not, without CASA’s written approval,

insert

not

[117]Subregulation 57 (1)

omit

hub.

insert

hub, if the person does not have CASA’s written approval to do so.

[118]Subregulation 57 (2)

omit

alter

insert

engage in conduct that results in the alteration of

[119]After subregulation 57 (2), including the penalty

insert

  1. (2A)

    An offence against subregulation (1) or (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[120]Subregulation 57 (3)

omit

under

insert

for

[121]Subregulation 58 (1)

omit

Except with CASA’s written approval, a person must not remove or alter

insert

A person must not, without CASA’s written approval, remove or engage in conduct that results in the alteration of

[122]Subregulation 58 (2)

omit

alter

insert

engage in conduct that results in the alteration of

[123]After subregulation 58 (2), including the penalty

insert

  1. (2A)

    An offence against subregulation (1) or (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[124]Subregulation 58 (3)

omit

under

insert

for

[125]Subregulation 59 (3)

substitute

  1. (3)

    A person must not mark on a balloon heater:

    1. (a)

      information about another balloon heater; or

    2. (b)

      information about a fictitious balloon heater.

Penalty: 50 penalty units.

  1. (4)

    An offence against subregulation (1), (2) or (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[126]After subregulation 60 (2), including the penalty

insert

  1. (3)

    An offence against subregulation (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[127]After subregulation 61 (2), including the penalty

insert

  1. (3)

    An offence against subregulation (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[128]Subregulation 5.04 (1)

substitute

  1. (1)

    Without the permission of CASA, the holder of a flight crew licence must not perform a duty authorised by the licence if the person does not hold a current medical certificate that is appropriate to the licence.

Penalty: 50 penalty units.

  1. (1A)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[129]Subregulation 5.05 (1)

omit

unless the person holds

insert

if the person does not hold

[130]After subregulation 5.05 (1), including the penalty

insert

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[131]Subregulation 5.06 (1)

omit

unless the person holds

insert

if the person does not hold

[132]Before subregulation 5.06 (2)

insert

  1. (1A)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[133]Paragraph 5.07 (1) (a)

omit

for the purpose of qualifying

[134]Subregulation 5.07 (1)

omit

unless the person holds

insert

if the person does not hold

[135]Subregulation 5.07 (1), before the note

insert

Penalty: 50 penalty units.

[136]Subregulation 5.07 (2)

omit

must not

insert

may

[137]Subregulation 5.07 (2)

omit

unless

insert

only if

[138]Subregulation 5.07 (3)

omit

must not

insert

may

[139]Subregulation 5.07 (3)

omit

unless

insert

only if

[140]After subregulation 5.07 (3), including the penalty

insert

  1. (4)

    An offence against subregulation (1), (2) or (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[141]After subregulation 5.09 (4), including the penalty

insert

  1. (5)

    For subregulation (4), strict liability applies to the physical element that CASA must take the matter into account under subregulation (3).

Note For strict liability, see section 6.1 of the Criminal Code.

[142]After subregulation 5.11 (3), including the penalty

insert

  1. (3A)

    An offence against subregulation (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[143]After subregulation 5.16 (3), including the penalty

insert

  1. (3A)

    An offence against subregulation (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[144]After subregulation 5.20 (4), including the penalty

insert

  1. (4A)

    An offence against subregulation (4) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[145]After subregulation 5.21 (4), including the penalty

insert

  1. (4A)

    An offence against subregulation (4) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[146]After subregulation 5.25 (3), including the penalty

insert

  1. (3A)

    An offence against subregulation (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[147]After subregulation 5.26F (1), including the penalty

insert

  1. (1A)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[148]After subregulation 5.29 (3), including the penalty

insert

  1. (3A)

    An offence against subregulation (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[149]Subregulation 5.33 (1)

omit

knowingly or recklessly

[150]Subregulation 5.33 (2)

omit

not, knowingly or recklessly,

insert

not

[151]After subregulation 5.34 (5), including the penalty

insert

  1. (5A)

    An offence against subregulation (5) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[152]Regulation 5.35

substitute

5.35Airship pilot training

  1. (1)

    A person must not give flying training in an airship if the person is not an airship instructor.

Penalty: 50 penalty units.

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[153]Regulation 5.37

substitute

5.37Flight engineer training

  1. (1)

    A person must not, during flight time in an aircraft, give training in carrying out the duties of a flight engineer if the person is not a check flight engineer or a training flight engineer.

Penalty: 50 penalty units.

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[154]Paragraph 5.38 (2) (b)

omit

without reasonable excuse,

[155]After subregulation 5.38 (2), including the penalty

insert

  1. (3)

    An offence against subregulation (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (4)

    It is a defence to a prosecution under paragraph (2) (b) if the defendant had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the matter in subregulation (4) (see subsection 13.3 (3) of the Criminal Code).

[156]Subregulation 5.40 (1)

omit

must not fly an aircraft as pilot acting in command under supervision unless:

insert

may fly an aircraft as pilot acting in command under supervision only if:

[157]Subregulation 5.40 (1), at the foot

insert

Penalty: 10 penalty units.

[158]Subregulation 5.40 (2)

omit

must not permit a person to fly an aircraft as pilot acting in command under supervision unless:

insert

may permit a person to fly an aircraft as pilot acting in command only if:

[159]After subregulation 5.40 (2), including the penalty

insert

  1. (3)

    An offence against subregulation (1) or (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[160]Subregulation 5.42 (2)

omit

unless, at least 24 hours before the test, the officer has:

insert

if, at least 24 hours before the test, the officer has not:

[161]After subregulation 5.42 (3B), including the penalty

insert

  1. (3C)

    An offence against subregulation (2), (3) or (3B) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[162]After subregulation 5.44 (5), including the penalty

insert

  1. (5A)

    An offence against subregulation (5) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[163]After subregulation 5.47 (1), including the penalty

insert

  1. (1A)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[164]Subregulation 5.50 (4), penalty

substitute

Penalty: 50 penalty units.

[165]After subregulation 5.50 (4), including the penalty

insert

  1. (5)

    An offence against subregulation (4) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[166]After subregulation 5.51 (5)

insert

  1. (6)

    An offence against subregulation (1) or (4) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[167]After subregulation 5.52 (5)

insert

  1. (5A)

    An offence against subregulation (1) or (4) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[168]Regulation 5.53

omit

A person

insert

  1. (1)

    A person

[169]Regulation 5.53

after the penalty, insert

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[170]After subregulation 5.54 (5), including the penalty

insert

  1. (6)

    An offence against subregulation (3B) or (5) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[171]Subregulation 5.55 (2)

substitute

  1. (2)

    A person must not contravene a direction under subregulation (1).

Penalty: 25 penalty units.

  1. (3)

    An offence against subregulation (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (4)

    It is a defence to a prosecution under subregulation (2) if the defendant had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the matter in subregulation (4) (see subsection 13.3 (3) of the Criminal Code).

[172]After subregulation 5.56 (2), including the penalty

insert

  1. (2A)

    An offence against subregulation (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[173]After subregulation 5.58 (4), including the penalty

insert

  1. (4A)

    An offence against subregulation (4) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[174]Subregulation 5.66 (2)

omit

unless:

insert

if each of the following requirements is not satisfied:

[175]Paragraph 5.66 (2) (a)

omit

and

[176]Subregulation 5.66 (3)

omit

territory except with the permission of CASA.

insert

territory.

[177]After subregulation 5.66 (3), including the penalty

insert

  1. (3A)

    An offence against subregulation (2) or (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (3B)

    It is a defence to a prosecution under subregulation (3) if the defendant had the permission of CASA.

Note A defendant bears an evidential burden in relation to the matter in subregulation (3B) (see subsection 13.3 (3) of the Criminal Code).

[178]Regulation 5.67

omit everything before paragraph (a), insert

  1. (1)

    An authorised flight instructor must not permit a student pilot to fly an aircraft as pilot in command if each of the following requirements is not satisfied:

[179]Paragraphs 5.67 (a), (b), (c), (d), (e) and (f)

omit

and

[180]Regulation 5.67

after the penalty, insert

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[181]Regulation 5.68

omit everything before paragraph (a), insert

  1. (1)

    An authorised flight instructor may permit a student pilot to fly an aircraft as pilot in command only if:

[182]Regulation 5.68

after the note, insert

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[183]Regulation 5.69

omit everything before paragraph (a), insert

  1. (1)

    An authorised flight instructor must not permit a student pilot to fly an aircraft as pilot in command if the flight is not:

[184]Regulation 5.69

after the penalty, insert

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[185]Regulation 5.70

omit

An authorised

insert

  1. (1)

    An authorised

[186]Regulation 5.70

omit

unless after each period of 3 or 15 hours, as the case may be, the student has undertaken

insert

if, after each period of 3 or 15 hours, as the case requires, the student has not undertaken

[187]Regulation 5.70

after the penalty, insert

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[188]Regulation 5.71

omit everything before paragraph (a), insert

  1. (1)

    An authorised flight instructor may permit a student pilot to fly an aircraft as pilot in command only if:

[189]Regulation 5.71

after the penalty, insert

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[190]Regulation 5.72

substitute

5.72May an instructor permit a student to carry passengers while flying as pilot in command?

  1. (1)

    An authorised flight instructor must not permit a student pilot to fly as pilot in command of an aircraft in which a passenger is carried.

Penalty: 50 penalty units.

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (3)

    It is a defence to a prosecution under subregulation (1) if:

    1. (a)

      the flight takes place solely within the student pilot area limit; and

    2. (b)

      the student pilot has passed a general flying progress flight test, and a basic aeronautical knowledge examination, for aircraft of the category used for the flight.

Note A defendant bears an evidential burden in relation to the matters mentioned in subregulation (3) (see subsection 13.3 (3) of the Criminal Code).

[191]Regulation 5.73

omit everything before paragraph (a), insert

  1. (1)

    An authorised flight instructor must not permit a student pilot to fly as pilot in command of an aircraft in which another student pilot is a member of the aircraft’s operating crew if each of the following requirements is not satisfied:

[192]Paragraphs 5.73 (a) and (b)

omit

and

[193]Regulation 5.73

after the penalty, insert

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[194]Before subregulation 5.74 (2)

insert

  1. (1A)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[195]Subregulation 5.75 (2)

omit

unless the student pilot attempting the test has been recommended for the test for that category by the chief flying instructor of the flying school where the student attempts the test.

insert

if the chief flying instructor of the flying school where the student attempts the test has not recommended the student for the test for that category.

[196]Subregulation 5.75 (3)

omit

unless:

insert

if the student does not satisfy each of the following requirements:

[197]Paragraph 5.75 (3) (a)

omit

and

[198]After subregulation 5.75 (6)

insert

  1. (7)

    An offence against subregulation (2), (3) or (5) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[199]Subregulation 5.81 (1)

omit

unless the pilot has,

insert

if the pilot has not,

[200]After subregulation 5.81 (4), including the penalty

insert

  1. (4A)

    An offence against subregulation (1) or (4) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[201]Regulation 5.82

omit everything before paragraph (a), insert

  1. (1)

    A private (aeroplane) pilot must not fly an aeroplane as pilot in command if the aeroplane is carrying any other person and the pilot has not satisfied whichever of the following requirements is applicable:

[202]Paragraph 5.82 (a)

omit

and

[203]Regulation 5.82

after the note, insert

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[204]Subregulation 5.86 (2)

substitute

  1. (2)

    An approved testing officer, or a CASA flying operations inspector, must not conduct a private pilot (aeroplane) licence flight test if the chief flying instructor of the flying school where the person attempts the test has not recommended the person for the test.

Penalty: 25 penalty units.

[205]Subregulation 5.86 (3)

omit

must not recommend a person for a private pilot (aeroplane) licence flight test unless

insert

may recommend a person for a private pilot (aeroplane) licence flight test only if

[206]Before subregulation 5.86 (4)

insert

  1. (3A)

    An offence against subregulation (2) or (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[207]Subregulation 5.91 (1)

omit

unless the pilot has,

insert

if the pilot has not,

[208]After subregulation 5.91 (4), including the penalty

insert

  1. (4A)

    An offence against subregulation (1) or (4) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[209]Subregulation 5.92 (1)

omit

unless:

insert

and the pilot has not satisfied whichever of the following requirements is applicable:

[210]Paragraph 5.92 (1) (a)

omit

and

[211]Before subregulation 5.92 (2)

insert

  1. (1A)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[212]Subregulation 5.94 (2)

omit

unless the person attempting the test has

insert

if the person attempting the test has not

[213]Subregulation 5.94 (3)

omit

must not recommend a person for a private pilot (helicopter) licence flight test unless

insert

may recommend a person for a private pilot (helicopter) licence flight test only if

[214]Before subregulation 5.94 (4)

insert

  1. (3A)

    An offence against subregulation (2) or (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[215]Subregulation 5.99 (1)

omit

unless the pilot has,

insert

if the pilot has not,

[216]After subregulation 5.99 (4), including the penalty

insert

  1. (4A)

    An offence against subregulation (1) or (4) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[217]Subregulation 5.100 (1)

omit

unless:

insert

and the pilot has not satisfied whichever of the following requirements is applicable:

[218]Paragraph 5.100 (1) (a)

omit

and

[219]Before subregulation 5.100 (2)

insert

  1. (1A)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[220]Subregulation 5.102 (2)

substitute

  1. (2)

    An approved testing officer, or CASA flying operations inspector, must not conduct a private pilot (gyroplane) licence flight test if the chief flying instructor of the flying school where the person attempts the test has not recommended the person for the test.

Penalty: 25 penalty units.

[221]Subregulation 5.102 (3)

omit

must not recommend a person for a private pilot (gyroplane) licence flight test unless

insert

may recommend a person for a private pilot (gyroplane) licence flight test only if

[222]Before subregulation 5.102 (4)

insert

  1. (3A)

    An offence against subregulation (2) or (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[223]Subregulation 5.108 (1)

omit

unless the pilot has,

insert

if the pilot has not,

[224]After subregulation 5.108 (4), including the penalty

insert

  1. (4A)

    An offence against subregulation (1) or (4) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[225]Regulation 5.109

omit everything before paragraph (a), insert

  1. (1)

    A commercial (aeroplane) pilot must not fly an aeroplane as pilot in command if the aeroplane is carrying any other person and the pilot has not satisfied whichever of the following requirements is applicable:

[226]Subparagraph 5.109 (a) (iii)

omit

rating; or

insert

rating;

[227]Regulation 5.109

after the penalty, insert

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[228]After subregulation 5.110 (1), including the penalty

insert

  1. (1A)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[229]Subregulation 5.119 (2)

omit

unless the person attempting the test has

insert

if the person attempting the test has not

[230]Subregulation 5.119 (3)

omit

must not recommend a person for a commercial pilot (aeroplane) licence flight test unless

insert

may recommend a person for a commercial pilot (aeroplane) flight test only if

[231]Before subregulation 5.119 (4)

insert

  1. (3A)

    An offence against subregulation (2) or (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[232]Subregulation 5.124 (1)

omit

unless the pilot has,

insert

if the pilot has not,

[233]After subregulation 5.124 (4), including the penalty

insert

  1. (4A)

    An offence against subregulation (1) or (4) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[234]Subregulation 5.125 (1)

omit

unless:

insert

and the pilot has not satisfied whichever of the following requirements is applicable:

[235]After subregulation 5.125 (1), including the penalty

insert

  1. (1A)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[236]After subregulation 5.126 (1), including the penalty

insert

  1. (1A)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[237]Subregulation 5.128 (2)

omit

unless the person attempting the test has

insert

if the person attempting the test has not

[238]Subregulation 5.128 (3)

omit

must not recommend a person for a commercial pilot (helicopter) licence flight test unless

insert

may recommend a person for a commercial pilot (helicopter) licence flight test only if

[239]Before subregulation 5.128 (4)

insert

  1. (3A)

    An offence against subregulation (2) or (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[240]Subregulation 5.133 (1)

omit

unless the pilot has,

insert

if the pilot has not,

[241]After subregulation 5.133 (4), including the penalty

insert

  1. (4A)

    An offence against subregulation (1) or (4) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[242]Subregulation 5.134 (1)

omit

unless:

insert

and the pilot has not satisfied whichever of the following requirements is applicable:

[243]Subparagraph 5.134 (1) (a) (iii)

omit

rating; or

insert

rating;

[244]After subregulation 5.134 (1), including the penalty

insert

  1. (1A)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[245]After subregulation 5.135 (1), including the penalty

insert

  1. (1A)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[246]Subregulation 5.137 (2)

omit

unless the person attempting the test has

insert

if the person attempting the test has not

[247]Subregulation 5.137 (3)

omit

must not recommend a person for a commercial pilot (gyroplane) licence flight test unless

insert

may recommend a person for a commercial pilot (gyroplane) flight test only if

[248]Before subregulation 5.137 (4)

insert

  1. (3A)

    An offence against subregulation (2) or (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[249]Subregulation 5.141 (1)

omit

unless he or she has

insert

if he or she has not

[250]After subregulation 5.141 (1), including the penalty

insert

  1. (1A)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[251]Subregulation 5.143 (1)

omit

unless the pilot has,

insert

if the pilot has not,

[252]After subregulation 5.143 (4), including the penalty

insert

  1. (4A)

    An offence against subregulation (1) or (4) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[253]Subregulation 5.144 (1)

omit

unless the pilot has,

insert

if the pilot has not,

[254]After subregulation 5.144 (1), including the penalty

insert

  1. (1A)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[255]Subregulation 5.147 (2)

omit

unless the person attempting the test has

insert

if the person attempting the test has not

[256]Subregulation 5.147 (3)

omit

must not recommend a person for a commercial pilot (balloon) licence flight test unless

insert

may recommend a person for a commercial pilot (balloon) licence flight test only if

[257]Before subregulation 5.147 (4)

insert

  1. (3A)

    An offence against subregulation (2) or (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[258]Subregulation 5.154 (1)

omit

unless the pilot has,

insert

if the pilot has not,

[259]After subregulation 5.154 (4), including the penalty

insert

  1. (4A)

    An offence against subregulation (1) or (4) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[260]Subregulation 5.155 (1)

omit

unless:

insert

and the pilot has not satisfied whichever of the following requirements is applicable:

[261]Subparagraph 5.155 (1) (a) (iii)

omit

rating; or

insert

rating;

[262]After subregulation 5.155 (1), including the penalty

insert

  1. (1A)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[263]Regulation 5.156

substitute

5.156Commercial (airship) pilot: recent experience for commercial operations

  1. (1)

    A commercial (airship) pilot must not fly an airship as pilot in command if the airship is carrying any other person in commercial operations, and, within the 60 days immediately before the day of the proposed flight, the pilot has not:

    1. (a)

      flown 5 hours of flight time as pilot in command of an airship; or

    2. (b)

      satisfactorily completed an airship proficiency check.

Penalty: 25 penalty units.

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[264]After subregulation 5.157 (1), including the penalty

insert

  1. (1A)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[265]Subregulation 5.164 (2)

omit

unless the person attempting the test has

insert

if the person attempting the test has not

[266]Subregulation 5.164 (3)

omit

must not recommend a person for a commercial pilot (airship) licence flight test unless

insert

may recommend a person for a commercial pilot (airship) licence flight test only if

[267]Before subregulation 5.164 (4)

insert

  1. (3A)

    An offence against subregulation (2) or (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[268]Subregulation 5.169 (1)

omit

unless the pilot has,

insert

if the pilot has not,

[269]After subregulation 5.169 (4), including the penalty

insert

  1. (4A)

    An offence against subregulation (1) or (4) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[270]Regulation 5.170

omit everything before paragraph (a), insert

  1. (1)

    An air transport (aeroplane) pilot must not fly an aeroplane as pilot in command if the aeroplane is carrying any other person, and the pilot has not satisfied whichever of the following requirements is applicable:

[271]Subparagraph 5.170 (a) (iii)

omit

rating; or

insert

rating;

[272]Regulation 5.170

after the penalty, insert

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[273]After subregulation 5.171 (1), including the penalty

insert

  1. (1A)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[274]Subregulation 5.178 (1)

omit

unless the pilot has,

insert

if the pilot has not,

[275]After subregulation 5.178 (4), including the penalty

insert

  1. (4A)

    An offence against subregulation (1) or (4) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[276]Subregulation 5.179 (1)

omit

unless:

insert

and the pilot has not satisfied whichever of the following requirements is applicable:

[277]Subparagraph 5.179 (1) (a) (iii)

omit

rating; or

insert

rating;

[278]After subregulation 5.179 (1), including the penalty

insert

  1. (1A)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[279]After subregulation 5.180 (1), including the penalty

insert

  1. (1A)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[280]Subregulation 5.184 (2)

omit

unless the student carries

insert

if the student does not carry

[281]After subregulation 5.184 (2), including the penalty

insert

  1. (3)

    An offence against subregulation (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[282]Regulation 5.185

substitute

5.185When may an owner, operator or pilot in command allow a student flight engineer to perform duties?

  1. (1)

    The owner, operator or pilot in command of an aircraft must not allow a student flight engineer to perform the duties of a flight engineer in the aircraft during flight time if the student does not carry out the duties under the supervision of:

    1. (a)

      a check flight engineer; or

    2. (b)

      a training flight engineer.

Penalty: 50 penalty units.

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[283]Regulation 5.186

omit

In supervising a student

insert

  1. (1)

    In supervising a student

[284]Regulation 5.186

after the penalty, insert

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[285]Subregulation 5.187 (1)

omit

must not allow a student flight engineer to perform the duties of a flight engineer in an aircraft during flight time unless:

insert

may allow a student flight engineer to perform the duties of a flight engineer in an aircraft during flight time only if:

[286]After subregulation 5.187 (1), including the penalty

insert

  1. (1A)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[287]Subregulation 5.191 (1)

omit

unless the engineer has,

insert

if the engineer has not,

[288]After subregulation 5.191 (1), including the penalty

insert

  1. (1A)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[289]Subregulation 5.192 (1)

omit

unless:

insert

if the engineer has not satisfied each of the following requirements:

[290]Subparagraph 5.192 (1) (a) (ii)

omit

and

[291]After subregulation 5.192 (1), including the penalty

insert

  1. (1A)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[292]Subregulation 5.194 (2)

omit

unless the person attempting the test has

insert

if the person attempting the test has not

[293]Subregulation 5.194 (3)

omit

unless the person satisfies

insert

if the person does not satisfy

[294]After subregulation 5.194 (3), including the penalty

insert

  1. (3A)

    An offence against subregulation (2) or (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[295]Regulation 5.195

omit

In supervising

insert

  1. (1)

    In supervising

[296]Regulation 5.195

after the penalty, insert

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[297]Regulation 5.195D

omit

The holder of a restricted flight engineer licence must not perform the duties authorised by the licence in an aircraft during flight time unless he or she has,

insert

  1. (1)

    The holder of a restricted flight engineer licence must not perform the duties authorised by the licence in an aircraft during flight time if he or she has not,

[298]Regulation 5.195D

after the penalty, insert

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[299]Subregulation 5.195E (1)

omit

unless he or she has,

insert

if he or she has not,

[300]After subregulation 5.195E (1), including the penalty

insert

  1. (1A)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[301]After subregulation 5.198 (4), including the penalty

insert

  1. (5)

    In subregulation (4), strict liability applies to the physical element that CASA must take a matter into account under subregulation (3).

Note For strict liability, see section 6.1 of the Criminal Code.

[302]After subregulation 5.199 (3), including the penalty

insert

  1. (3A)

    An offence against subregulation (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[303]Regulation 5.201

omit

knowingly or recklessly

[304]Regulation 5.203

substitute

5.203Special pilot licence only to be used in private operations

  1. (1)

    Despite regulation 5.202, the holder of a special pilot licence may fly an aircraft only in private operations.

Penalty: 50 penalty units.

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[305]Regulation 5.205

omit

not, knowingly or recklessly,

insert

not

[306]After subregulation 6.08 (3)

insert

  1. (4)

    An offence against subregulation (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[307]After subregulation 6.12 (3)

insert

  1. (4)

    An offence against subregulation (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[308]After subregulation 6.13 (2), including the penalty

insert

  1. (3)

    An offence against subregulation (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[309]After subregulation 6.16A (2), including the penalty

insert

  1. (3)

    An offence against subregulation (1) or (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[310]After subregulation 78 (1), including the penalty

insert

  1. (1A)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[311]Regulation 79

omit

A log

insert

  1. (1)

    A log

[312]Regulation 79

after the penalty, insert

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[313]Subregulation 80 (2)

omit

not, without reasonable excuse,

insert

not

[314]After subregulation 80 (2), including the penalty

insert

  1. (3)

    An offence against subregulation (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (4)

    It is a defence to a prosecution under subregulation (2) if the defendant had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the matter in subregulation (4) (see subsection 13.3 (3) of the Criminal Code).

[315]Subregulation 82 (1)

omit

for the purpose of ensuring

insert

to ensure

[316]After subregulation 82 (1), including the penalty

insert

  1. (1A)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[317]Subregulation 83 (1)

omit

country:

insert

country, must not do any of the following:

[318]Paragraphs 83 (1) (a) and (c)

substitute

  1. (a)

    use, or permit the use of, the radiocommunication system if the use is not in accordance with the directions of CASA;

  2. (c)

    permit the operation of the radiocommunication system during flight time in the aircraft by a person who does not hold a flight radiotelephone operator licence or a student pilot licence;

[319]Paragraph 83 (1) (d)

omit everything before subparagraph (i), insert

  1. (d)

    operate the radiocommunication system while the aircraft is on the ground if the pilot does not hold:

[320]Subparagraph 83 (1) (d) (iv)

omit

and

[321]Paragraph 83 (1) (e)

substitute

  1. (e)

    permit the operation of the radiocommunication system while the aircraft is on the ground by a person who is not the holder of a certificate or licence of a kind referred to in paragraph (d).

[322]Subregulation 83 (1), at the foot

insert

Penalty: 10 penalty units.

[323]Subregulation 83 (2)

omit

for the purpose of ensuring

insert

to ensure

[324]Paragraph 83 (2) (a)

omit

shall not operate the radiocommunication system unless he or she is

insert

must not operate the radiocommunication system if he or she is not

[325]Paragraph 83 (2) (b)

omit

shall not permit the operation of the radiocommunication system except by a person who is

insert

must not permit the operation of the radiocommunication system by a person who is not

[326]Subregulation 83 (2), at the foot

insert

Penalty: 10 penalty units.

[327]Subregulation 83 (3)

omit

unless the person holds:

insert

if the person does not hold:

[328]Subregulation 83 (3), at the foot

insert

Penalty: 10 penalty units.

[329]After subregulation 83 (4), including the penalty

insert

  1. (5)

    An offence against subregulation (1), (2), (3) or (4) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[330]After subregulation 83C (3)

insert

  1. (4)

    An offence against subregulation (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[331]Paragraph 84 (1) (a)

omit

shall not use, or permit the use of, the radiocommunication system unless there is

insert

must not use, or permit the use of, the radiocommunication system if there is not

[332]Paragraph 84 (1) (b)

omit

shall not operate the radiocommunication system unless the pilot is

insert

must not operate the radiocommunication system if the pilot is not

[333]Paragraph 84 (1) (c)

omit

shall not permit the operation of the radiocommunication system except by a person who is

insert

must not permit the operation of the radiocommunication system by a person who is not

[334]After subregulation 84 (2)

insert

  1. (3)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[335]After subregulation 89A (1), including the penalty

insert

  1. (1A)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[336]Subregulation 89D (4)

omit

not, without reasonable excuse,

insert

not

[337]Subregulation 89D (4), penalty

substitute

Penalty: 25 penalty units.

[338]After subregulation 89D (4), including the penalty

insert

  1. (5)

    An offence against subregulation (4) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (6)

    It is a defence to a prosecution under subregulation (4) if the defendant had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the matter in subregulation (6) (see subsection 13.3 (3) of the Criminal Code).

[339]Subregulations 89H (1), (2) and (3)

at the foot of each subregulation, insert

Penalty: 10 penalty units

[340]Subregulation 89H (4)

substitute

  1. (4)

    An offence against subregulation (1), (2) or (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (5)

    It is a defence to a prosecution under subregulation (1), (2) or (3) if the defendant had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the matter in subregulation (5) (see subsection 13.3 (3) of the Criminal Code).

[341]Regulation 89J

omit

An aerodrome operator

insert

  1. (1)

    An aerodrome operator

[342]Regulation 89J

after the penalty, insert

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[343]Subregulation 89K (3)

substitute

  1. (3)

    An aerodrome operator must comply with any direction given to the operator under subregulation (2).

Penalty: 10 penalty units.

  1. (4)

    An offence against subregulation (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (5)

    It is a defence to a prosecution under subregulation (3) if the defendant had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the matter in subregulation (5) (see subsection 13.3 (3) of the Criminal Code).

[344]Regulation 89L

omit

An aerodrome operator must notify CASA as soon as practicable

insert

  1. (1)

    An aerodrome operator must notify CASA within 7 days

[345]Regulation 89L

after the penalty, insert

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[346]Subregulation 89M (3)

substitute

  1. (3)

    An aerodrome operator must comply with any direction given to the operator under subregulation (2).

Penalty: 10 penalty units.

  1. (4)

    An offence against subregulation (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (5)

    It is a defence to a prosecution under subregulation (3) if the defendant had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the matter in subregulation (5) (see subsection 13.3 (3) of the Criminal Code).

[347]Regulation 89N

omit

The operator of a licensed aerodrome must notify CASA as soon as practicable

insert

  1. (1)

    The operator of a licensed aerodrome must notify CASA within 7 days

[348]Regulation 89N

after the penalty, insert

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[349]Subregulation 89O (1), at the foot

insert

Penalty: 10 penalty units.

[350]Subregulation 89O (2)

substitute

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (3)

    It is a defence to a prosecution under subregulation (1) if the defendant had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the matter in subregulation (3) (see subsection 13.3 (3) of the Criminal Code).

[351]Subregulation 89P (1)

omit

standards specified

insert

directions issued

[352]After subregulation 89P (2)

insert

  1. (3)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[353]Subregulation 89Q (1)

omit

standards specified

insert

directions issued

[354]After subregulation 89Q (3)

insert

  1. (4)

    An offence against subregulation (1) or (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[355]Subregulation 89R (1)

omit

standard specified

insert

directions issued

[356]Subregulation 89R (2)

omit

in the circumstances specified

insert

in accordance with the directions issued

[357]After subregulation 89R (4)

insert

  1. (5)

    An offence against subregulation (1), (2) or (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[358]After subregulation 89S (4), including the penalty

insert

  1. (5)

    An offence against subregulation (1), (3) or (4) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[359]After subregulation 89T (1), including the penalty

insert

  1. (1A)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[360]Subregulation 89U (2)

omit

not, without reasonable excuse,

insert

not

[361]After subregulation 89U (3)

insert

  1. (4)

    An offence against subregulation (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (5)

    It is a defence to a prosecution under subregulation (2) if the defendant had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the matter in subregulation (5) (see subsection 13.3 (3) of the Criminal Code).

[362]Subregulations 89V (6) and (7)

substitute

  1. (6)

    An operator who fails to comply with subregulation (2), (3) or (5) is guilty of an offence.

Penalty: 10 penalty units.

  1. (7)

    A reporting officer who does not carry out the reporting function in subregulation (4) is guilty of an offence.

Penalty: 10 penalty units.

  1. (8)

    An offence against subregulation (6) or (7) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (9)

    It is a defence to a prosecution under subregulation (6) or (7) if the defendant had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the matter in subregulation (9) (see subsection 13.3 (3) of the Criminal Code).

[363]Subregulation 89X (4)

substitute

  1. (4)

    An aerodrome operator who fails to comply with subregulation (2) or (3) is guilty of an offence.

Penalty: 10 penalty units.

  1. (5)

    An offence against subregulation (4) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (6)

    It is a defence to a prosecution under subregulation (4) if the defendant had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the matter in subregulation (6) (see subsection 13.3 (3) of the Criminal Code).

[364]Subregulation 89Y (1), at the foot

insert

Penalty: 5 penalty units.

[365]Subregulation 89Y (2)

substitute

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (3)

    It is a defence to a prosecution under subregulation (1) that the defendant had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the matter in subregulation (3) (see subsection 13.3 (3) of the Criminal Code).

[366]Subregulation 89ZA (3)

substitute

  1. (3)

    An aerodrome operator who does not comply with subregulation (1) or (2) is guilty of an offence.

Penalty: 10 penalty units.

  1. (3A)

    An offence against subregulation (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (3B)

    It is a defence to a prosecution under subregulation (3) if the defendant had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the matter in subregulation (3B) (see subsection 13.3 (3) of the Criminal Code).

[367]Subregulation 89ZD (4)

substitute

  1. (4)

    An aerodrome operator must not fail to comply with a condition subject to which an exemption is granted.

Penalty: 10 penalty units.

  1. (5)

    An offence against subregulation (4) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (6)

    It is a defence to a prosecution under subregulation (4) if the defendant had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the matter in subregulation (6) (see subsection 13.3 (3) of the Criminal Code).

[368]Subregulation 92 (1)

omit everything before paragraph (a), insert

  1. (1)

    A person must not land an aircraft on, or engage in conduct that causes an aircraft to take off from, a place that does not satisfy one or more of the following requirements:

[369]Paragraphs 92 (1) (a), (b) and (c)

omit

or

[370]After subregulation 92 (3), including the penalty

insert

  1. (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.

[371]Subregulation 92A (1)

omit everything before paragraph (a), insert

  1. (1)

    Subject to subregulation (2), the pilot in command of an aircraft that:

[372]Subregulation 92A (1)

omit

must not, except in an emergency,

insert

must not engage in conduct that causes the aircraft to

[373]Subregulation 92A (3)

omit

subregulation (4).

insert

subregulation (4) or (4A).

[374]Subregulation 92A (4)

omit everything before paragraph (a), insert

  1. (4)

    The pilot in command of an aircraft must not land the aircraft at, or engage in conduct that causes the aircraft to take off from, an aerodrome that is not a licensed aerodrome if each of the following requirements is not satisfied:

[375]Paragraph 92A (4) (a)

omit

and

[376]After subregulation 92A (4), including the penalty

insert

  1. (4A)

    The operator of an aircraft must not permit the aircraft to land at or take off from an aerodrome that is not a licensed aerodrome if each of the following requirements is not satisfied:

    1. (a)

      the aerodrome meets the requirements of subregulation (5);

    2. (b)

      the aerodrome operator has arrangements in place to notify the aircraft operator, or pilot in command, of occurrences referred to in subregulation 89V (4).

Penalty: 10 penalty units.

[377]Subregulation 92A (5)

omit

subregulation (4),

insert

subregulations (4) and (4A),

[378]After subregulation 92A (6)

  1. (7)

    An offence against subregulation (1), (4) or (4A) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (8)

    It is a defence to a prosecution under subregulation (1) if the landing or take-off occurred in an emergency.

Note A defendant bears an evidential burden in relation to the matter in subregulation (8) (see subsection 13.3 (3) of the Criminal Code).

[379]Subregulation 94 (2)

substitute

  1. (2)

    An owner or person on whom a notice is served under this regulation must comply with the directions contained in the notice.

Penalty: 25 penalty units.

  1. (2A)

    An offence against subregulation (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (2B)

    It is a defence to a prosecution under subregulation (2) if the defendant had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the matter in subregulation (2B) (see subsection 13.3 (3) of the Criminal Code).

[380]Subregulation 95 (3)

substitute

  1. (3)

    A person is guilty of an offence if:

    1. (a)

      CASA serves on the person a notice under this regulation; and

    2. (b)

      the person fails to comply with the directions contained in the notice.

Penalty: 25 penalty units.

  1. (3A)

    If CASA serves a notice on a person under this regulation and the person does not comply with the directions in the notice, CASA may authorise an officer, with such assistance as is necessary and reasonable:

    1. (a)

      to enter the place where the object is located; and

    2. (b)

      to carry out the directions contained in the notice.

  2. (3B)

    An offence against subregulation (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[381]After subregulation 96 (6), including the penalty

insert

  1. (6A)

    An offence against subregulation (3) or (6) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[382]Subregulation 99AA (7), penalty

substitute

Penalty: 50 penalty units.

[383]After subregulation 99AA (7), including the penalty

insert

  1. (8)

    An offence against subregulation (3) or (7) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[384]Subregulation 99A (5)

substitute

  1. (5)

    A pilot in command of an aircraft that is operating at an aerodrome or area designated under subregulation (1) must not contravene a direction that applies to that aerodrome or area.

Penalty: 50 penalty units.

  1. (6)

    An offence against subregulation (5) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (7)

    It is a defence to a prosecution under subregulation (5) if the defendant had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the matter in subregulation (7) (see subsection 13.3 (3) of the Criminal Code).

[385]Subregulation 100 (1)

substitute

  1. (1)

    The pilot in command of an aircraft must comply with air traffic control instructions.

Penalty: 50 penalty units.

[386]Subregulation 100 (2)

omit everything before paragraph (a), insert

  1. (2)

    The pilot in command of an aircraft must not allow the aircraft to:

[387]Subregulation 100 (2)

omit

except

insert

if the movement or operation is not

[388]After subregulation 100 (2), including the penalty

insert

  1. (2A)

    Subregulation (2) does not apply if the movement or operation:

    1. (a)

      is authorised by:

      1. (i)

        air traffic control; or

      2. (ii)

        a notification in Aeronautical Information Publications or NOTAMS; or

    2. (b)

      is made in an emergency in accordance with subregulation (3).

[389]Subregulation 100 (4)

substitute

  1. (4)

    An offence against subregulation (1), (2) or (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[390]Regulation 105

omit everything before paragraph (a), insert

  1. (1)

    If:

[391]Regulation 105

after the penalty, insert

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[392]Regulation 120

substitute

120Weather reports not to be used if not made with authority

  1. (1)

    The operator or pilot in command of an aircraft must not use weather reports of actual or forecasted meteorological conditions in the planning, conduct and control of a flight if the meteorological observations, forecasts or reports were not made with the authority of:

    1. (a)

      the Director of Meteorology; or

    2. (b)

      a person approved for the purpose by CASA.

Penalty: 5 penalty units.

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[393]Subregulation 132 (3)

omit everything before paragraph (a), insert

  1. (3)

    A person must not disclose information received under subregulation (2) if the disclosure is not:

[394]After subregulation 132 (3), including the penalty

insert

  1. (3A)

    An offence against subregulation (1), (2) or (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[395]Subregulation 133 (1)

omit everything before paragraph (a), insert

  1. (1)

    Subject to regulation 317 and regulation 21.197 of CASR, the pilot in command of an Australian aircraft must not commence a flight if each of the following requirements is not satisfied:

[396]Paragraph 133 (1) (a)

omit

it has

insert

the aircraft has

[397]Paragraph 133 (1) (d)

omit

and

[398]Paragraph 133 (1) (e)

omit

it

insert

the aircraft

[399]After subregulation 133 (2)

insert

  1. (3)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[400]Regulation 135

omit everything before paragraph (a), insert

omit

An aircraft shall not take off, or attempt to take off,

insert

The pilot in command of an aircraft must not allow the aircraft to take off

[569]Subregulation 235 (6)

omit

Except in an emergency, an aircraft shall not land

insert

The pilot in command of an aircraft, must not land the aircraft

[570]Subregulation 235 (8)

substitute

  1. (8)

    The pilot in command of an aircraft must not allow the aircraft to take off or land if a direction given under this regulation, about the loading of the aircraft has not been complied with.

Penalty: 50 penalty units.

[571]After subregulation 235 (11)

insert

  1. (12)

    An offence against subregulation (2A), (4), (5), (6), (7A), (8) or (9) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (13)

    It is a defence to a prosecution under subregulation (6) if the landing was made in an emergency.

Note A defendant bears an evidential burden in relation to the matter in subregulation (13) (see subsection 13.3 (3) of the Criminal Code).

[572]Subregulation 235A (2)

omit

An aeroplane

insert

The pilot in command of an aeroplane

[573]Subregulation 235A (7)

substitute

  1. (7)

    The pilot in command of an aeroplane to which an exemption applies must not allow the aeroplane to land at, or take off from a runway if the landing or take-off results in the breach of a condition mentioned in subregulation (5).

Penalty: 50 penalty units.

  1. (7A)

    An offence against subregulation (2) or (7) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[574]Regulation 238

substitute

238Icing conditions

  1. (1)

    The pilot in command of an aircraft must not allow the aircraft to take off for a flight during which the aircraft may fly into known or expected icing conditions, if the aircraft is not adequately equipped with either de-icing or anti-icing equipment of the type and quantities directed by CASA.

Penalty: 25 penalty units.

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[575]After subregulation 239 (2), including the penalty

insert

  1. (3)

    An offence against subregulation (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[576]Subregulation 241 (2)

substitute

  1. (2)

    Subject to subregulation (3), the pilot in command of an aircraft must not fly the aircraft on a flight included in a class of flights specified in a notice under subregulation (1) if a flight plan has not been submitted to air traffic control.

Penalty: 5 penalty units.

[577]After subregulation 241 (4), including the penalty

insert

  1. (5)

    An offence against subregulation (2) or (4) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[578]Subregulation 242 (1), at the foot

insert

Penalty: 25 penalty units.

[579]Subregulation 242 (2)

omit

the aircraft shall not be flown

insert

the pilot in command must not fly the aircraft

[580]After subregulation 242 (2), including the penalty

insert

  1. (3)

    An offence against subregulation (1) or (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[581]Subregulation 243 (1), at the foot

insert

Penalty: 25 penalty units.

[582]After subregulation 243 (2), including the penalty

insert

  1. (3)

    An offence against subregulation (1) or (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[583]Subregulation 244 (1), at the foot

insert

Penalty: 50 penalty units.

[584]After subregulation 244 (3), including the penalty

insert

  1. (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.

[585]Subregulation 245 (3), penalty

substitute

Penalty: 50 penalty units.

[586]After subregulation 245 (3), including the penalty

insert

  1. (4)

    An offence against subregulation (2) or (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[587]Regulation 246

omit

Immediately prior to

insert

  1. (1)

    Immediately before

[588]Regulation 246

after the penalty, insert

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[589]Subregulation 247 (1), at the foot

insert

Penalty: 5 penalty units.

[590]After subregulation 247 (2), including the penalty

insert

  1. (3)

    An offence against subregulation (1) or (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[591]After subregulation 248 (1), including the penalty

insert

  1. (1A)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[592]Subregulation 249 (1)

omit everything before paragraph (a), insert

  1. (1)

    The pilot in command of an aircraft that carries a passenger must not engage in any of the following types of flying:

[593]After subregulation 249 (1), including the penalty

insert

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[594]Subregulation 250 (1)

substitute

  1. (1)

    The operator of an aircraft must not permit a person to be carried on:

    1. (a)

      the wings or undercarriage of the aircraft; or

    2. (b)

      any part of the aircraft that is not designed for the accommodation of the crew or passengers; or

    3. (c)

      anything attached to the aircraft.

Penalty: 50 penalty units.

  1. (1A)

    The pilot in command of an aircraft must not permit a person to be carried on:

    1. (a)

      the wings or undercarriage of the aircraft; or

    2. (b)

      any part of the aircraft that is not designed for the accommodation of the crew or passengers; or

    3. (c)

      anything attached to the aircraft.

Penalty: 50 penalty units.

  1. (1B)

    Subregulations (1) and (1A) do not apply to prevent a member of the crew having temporary access to:

    1. (a)

      any part of the aircraft for the purpose of executing repairs or adjustments to the aircraft or its equipment, or doing anything that may be necessary for the safety of the aircraft or any persons or cargo carried in the aircraft; or

    2. (b)

      any part of the aircraft in which goods or stores are being carried and to which proper means of access is provided.

[595]Subregulation 250 (4), penalty

substitute

Penalty: 50 penalty units.

[596]After subregulation 250 (4), including the penalty

insert

  1. (5)

    An offence against subregulation (1), (1A) or (4) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (6)

    It is a defence to a prosecution under subregulation (1) or (1A) if the person had CASA’s permission under subregulation (2).

Note A defendant bears an evidential burden in relation to the matter in subregulation (6) (see subsection 13.3 (3) of the Criminal Code).

[597]Paragraph 251 (1) (c)

omit

unless CASA otherwise directs —

[598]After subregulation 251 (7)

insert

  1. (8)

    An offence against subregulation (1), (4), (5) or (6A) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (9)

    It is a defence to a prosecution under paragraph (1) (c) if CASA directed that seat belts need not be worn in that circumstance.

Note A defendant bears an evidential burden in relation to the matter in subregulation (9) (see subsection 13.3 (3) of the Criminal Code).

[599]After subregulation 252 (1A), including the penalty

insert

  1. (1B)

    An offence against subregulation (1A) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[600]Subregulation 252A (1)

omit everything before paragraph (a), insert

  1. (1)

    On and after 31 July 1997, the pilot in command of an Australian aircraft that is not an exempted aircraft, may begin a flight only if the aircraft:

[601]Paragraphs 252A (1) (a) and (b)

omit

it

[602]After subregulation 252A (1), including the penalty

insert

  1. (1A)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[603]After subregulation 253 (6A), including the penalty

insert

  1. (6B)

    An offence against subregulation (6A) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[604]Subregulation 254 (3), penalty

substitute

Penalty: 25 penalty units.

[605]After subregulation 254 (3), including the penalty

insert

  1. (4)

    An offence against subregulation (2) or (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[606]Subregulation 255 (3)

omit

shall, except where the permission of CASA has been

insert

must, if the permission of CASA has not been

[607]After subregulation 255 (3), including the penalty

insert

  1. (3A)

    An offence against subregulation (1), (1A), (2) or (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[608]Subregulation 256 (2)

omit

for the purpose of so acting,

insert

to act as a member of the operating crew,

[609]After subregulation 256 (7), including the penalty

insert

  1. (8)

    An offence against subregulation (1), (2), (3), (4), (5), (6) or (7) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[610]Regulation 256AA

omit

A person

insert

  1. (1)

    A person

[611]Regulation 256AA

after the penalty, insert

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[612]Subregulation 256A (1)

omit

must not permit a live animal to be in the aircraft unless:

insert

may permit a live animal to be in the aircraft only if:

[613]After subregulation 256A (1), including the penalty

insert

  1. (1A)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[614]After subregulation 257 (4), including the penalty

insert

  1. (4A)

    An offence against subregulation (3) or (4) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[615]Regulation 258

omit

An aircraft shall

insert

  1. (1)

    The pilot in command of the aircraft must

[616]Regulation 258

omit

inoperative, except:

insert

inoperative.

[617]Paragraphs 258 (a) and (b)

omit

[618]Regulation 258

after the penalty, insert

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (3)

    It is a defence to a prosecution under subregulation (1) if the flight was:

    1. (a)

      in accordance with directions issued by CASA; or

    2. (b)

      in the course of departing from or landing at an aerodrome in accordance with a normal navigational procedure for departing from or landing at that aerodrome.

Note A defendant bears an evidential burden in relation to the matters in subregulation (3) (see subsection 13.3 (3) of the Criminal Code).

[619]Subregulation 259 (1)

omit

A free balloon shall not be flown except with

insert

A person must not fly a free balloon if the person does not have

[620]Subregulation 259 (1), at the foot

insert

Penalty: 10 penalty units.

[621]After subregulation 259 (1)

insert

  1. (1A)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[622]Subregulation 259 (2), penalty

omit

[623]Regulation 260

substitute

260Manned fixed balloons and kites

  1. (1)

    Despite regulation 157, a person may fly a fixed balloon or kite at a height not exceeding 300 feet.

  2. (2)

    A person must not fly a fixed balloon or kite within 4 000 metres of an aerodrome or at a height of more than 300 feet if the following requirements are not satisfied:

    1. (a)

      the person has CASA’s permission to fly the balloon or kite at that height;

    2. (b)

      the flight is in accordance with the terms of that permission.

Penalty: 10 penalty units.

  1. (3)

    A person flying a fixed balloon or kite must fly it in V.M.C.

Penalty: 10 penalty units.

  1. (4)

    An offence against subregulation (2) or (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (5)

    This regulation does not apply to an unmanned fixed balloon or kite to which Part 101 of CASR applies.

[624]After subregulation 262 (2), including the penalty

insert

  1. (2A)

    An offence against subregulation (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[625]Subregulation 262AC (1)

substitute

  1. (1)

    After 31 December 1999, the pilot in command of an Australian aircraft that is a turbine-powered commercial aeroplane must not begin a flight if the aircraft is not fitted with an approved TCAS II that is serviceable.

Penalty: 25 penalty units.

  1. (1A)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[626]Regulation 262AD

omit

The pilot

insert

  1. (1)

    The pilot

[627]Regulation 262AD

after the penalty, insert

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[628]After subregulation 262AE (2), including the penalty

insert

  1. (3)

    An offence against subregulation (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[629]Regulation 262AF

omit

Before beginning

insert

  1. (1)

    Before beginning

[630]Regulation 262AF

after the penalty, insert

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[631]Subregulation 262AG (2)

substitute

  1. (1)

    After 31 December 1999, the pilot in command of a foreign aircraft that is a turbine-powered commercial aeroplane must not begin a flight in Australian territory if the aircraft is not fitted with an approved TCAS II that is serviceable.

Penalty: 25 penalty units.

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[632]Subregulation 262AG (3)

omit

Subregulation (2)

insert

Subregulation (1)

[633]Regulation 262AH

omit

The pilot

insert

  1. (1)

    The pilot

[634]Regulation 262AH

after the penalty, insert

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[635]After subregulation 262AI (2), including the penalty

insert

  1. (3)

    An offence against subregulation (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[636]Regulation 262AJ

omit

Before beginning

insert

  1. (1)

    Before beginning

[637]Regulation 262AJ

after the penalty, insert

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[638]Subregulation 262AL (1)

omit

must not operate a restricted category aircraft except:

insert

may operate a restricted category aircraft only in:

[639]Paragraph 262AL (1) (a)

omit the first mention of

in

[640]Paragraph 262AL (1) (b)

omit

in

[641]Subregulation 262AL (5)

substitute

  1. (5)

    The operator and the pilot in command of a restricted category aircraft must not permit a person to be carried on the aircraft if the person is not a person mentioned in subregulation (6).

Penalty: 50 penalty units.

  1. (6)

    Subregulation (5) does not apply to the following:

    1. (a)

      a flight crew member;

    2. (b)

      a flight crew member under training;

    3. (c)

      a person who performs an essential function in a special purpose operation for which the aircraft is type certificated;

    4. (d)

      a person who is needed to accomplish the work activity directly associated with the special purpose.

[642]Subregulation 262AL (7)

omit

unless a shoulder harness is

insert

if a shoulder harness is not

[643]After subregulation 262AL (7), including the penalty

insert

  1. (8)

    An offence against subregulation (1), (3), (5) or (7) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[644]Subregulation 262AM (1)

omit

must not operate a limited category aircraft except:

insert

may operate a limited category aircraft only in:

[645]Paragraph 262AM (1) (a)

omit the first mention of

in

[646]Paragraph 262AM (1) (b)

omit

in

[647]Subregulation 262AM (4)

omit

unless:

insert

if each of the following requirements is not satisfied:

[648]Paragraph 262AM (4) (a)

omit

and

[649]Subparagraph 262AM (4) (b) (ii)

omit

and

[650]Subregulation 262AM (10)

omit

must not be operated over the built-up area of a city or town unless:

insert

may be operated over the built-up area of a city or town only if:

[651]Subregulation 262AM (12)

omit

except

insert

if the operation of the aircraft is not

[652]Subregulation 262AM (13)

omit

unless the person is

insert

if the person is not

[653]After subregulation 262AM (14)

insert

  1. (15)

    An offence against subregulation (1), (3), (4), (7), (8), (10), (12) or (13) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[654]Subregulation 262AN (3)

substitute

  1. (3)

    A person must operate a limited category aircraft only in accordance with a manual produced by an organisation approved under subregulation (1).

Penalty: 50 penalty units.

  1. (4)

    Subregulation (3) does not apply if the person has CASA’s approval to operate other than in accordance with a manual produced by an organisation approved under subregulation (1).

  2. (5)

    An offence against subregulation (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[655]Subregulation 262AO (1)

omit

unless the person is

insert

if the person is not

[656]Subregulation 262AO (2)

omit

except

insert

if the operation is not

[657]Subregulation 262AO (4)

omit

must not operate a provisionally certificated aircraft except:

insert

may operate a provisionally certificated aircraft only if:

[658]After subregulation 262AO (11), including the penalty

insert

  1. (12)

    An offence against subregulation (1), (2), (3), (4), (6), (7), (8), (9), (10) or (11) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[659]Subregulation 262AP (1)

substitute

  1. (1)

    A person must not operate an aircraft for which a special certificate of airworthiness is in force under regulation 21.195A of CASR, if the operation is not one of the following kinds:

    1. (a)

      an operation for a purpose for which the certificate is issued;

    2. (b)

      an operation permitted by subregulation (2).

Penalty: 50 penalty units.

[660]Subregulation 262AP (4)

omit

town unless authorised under subregulation (5).

insert

town.

[661]Subregulation 262AP (6)

omit

day, unless otherwise authorised by CASA or an authorised person.

insert

day.

[662]Subregulation 262AP (8)

omit

unless:

insert

if each of the following requirements is not satisfied:

[663]Paragraph 262AP (8) (a)

omit

and

[664]Subparagraph 262AP (8) (b) (ii)

omit

and

[665]Subregulation 262AP (11)

omit

except

insert

if it is not

[666]Subregulation 262AP (12)

omit

unless the person is

insert

if the person is not

[667]After subregulation 262AP (12), including the penalty

insert

  1. (13)

    An offence against subregulation (1), (3), (4), (6), (7), (8), (11) or (12) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (14)

    It is a defence to a prosecution under subregulation (4) if the operation was authorised under subregulation (5).

  2. (15)

    It is a defence to a prosecution under subregulation (6) if the person was authorised by CASA or an authorised person to operate other than under V.F.R. or by day.

Note A defendant bears an evidential burden in relation to the matters in subregulations (14) and (15) (see subsection 13.3 (3) of the Criminal Code).

[668]Subregulation 262AQ (1)

omit

(except flying training)

insert

(other than flying training)

[669]Subregulation 262AQ (3)

omit

must not

insert

may

[670]Subregulation 262AQ (3)

omit

unless:

insert

only if:

[671]After subregulation 262AQ (3), including the penalty

insert

  1. (4)

    An offence against subregulation (1), (2) or (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[672]Subregulation 262AR (1)

omit

unless the person is

insert

if the person is not

[673]Subregulation 262AR (3)

omit

must not

insert

may

[674]Subregulation 262AR (3)

omit

unless:

insert

only if:

[675]After subregulation 262AR (3), including the penalty

insert

  1. (4)

    An offence against subregulation (1), (2) or (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[676]Regulation 262AS

substitute

262ASWhere aircraft may be flight tested

  1. (1)

    A person may flight test an aircraft only:

    1. (a)

      over open water or a sparsely populated area; and

    2. (b)

      where there is no more than light air traffic.

Penalty: 50 penalty units.

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[677]Subregulation 262TA (3)

omit

unless the person has

insert

if the person has not

[678]After subregulation 262TA (3), including the penalty

insert

  1. (4)

    An offence against subregulation (3) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[679]Regulation 281

omit

[680]Subregulation 282 (1)

omit

unless

insert

if the person is not

[681]Subregulation 282 (3)

omit

unless he or she is

insert

if he or she is not

[682]Subregulation 282 (4), penalty

substitute

Penalty: 25 penalty units.

[683]After subregulation 282 (4), including the penalty

insert

  1. (5)

    An offence against subregulation (1) or (2) or paragraph (4) (b) is an offence of strict liability.

Note For strict liability see section 6.1 of the Criminal Code.

[684]Regulation 283

omit

[685]Regulation 286

omit

A person shall

insert

  1. (1)

    A person must

[686]Regulation 286

after the penalty, insert

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[687]After subregulation 288 (2), including the penalty

insert

  1. (3)

    An offence against subregulation (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[688]After subregulation 289 (2), including the penalty

insert

  1. (2A)

    An offence against subregulation (1) or (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[689]Regulation 291

substitute

291Stationary aircraft within precincts of an aerodrome

  1. (1)

    A person may leave a stationary aircraft standing within the precincts of an aerodrome at which air traffic control is in operation, only if:

    1. (a)

      the aircraft is standing in an area that is designated to be an area for the parking of aircraft of a kind to which that aircraft belongs; or

    2. (b)

      air traffic control has given permission for the aircraft to be left standing in that area.

Penalty: 5 penalty units.

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[690]After subregulation 292 (1), including the penalty

insert

  1. (1A)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[691]Subregulation 294 (1)

omit

shall not, without lawful authority or excuse:

insert

must not:

[692]After subregulation 294 (1), including the penalty

insert

  1. (1A)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[693]Subregulation 298B (1)

omit

Unless CASA approves,

insert

Without the approval of CASA,

[694]Paragraph 298B (1) (c)

omit

knowingly receive from any person, or otherwise knowingly

insert

receive from any person, or otherwise

[695]After subregulation 298B (1), including the penalty

insert

  1. (1A)

    Strict liability applies to paragraphs (1) (a), (b) and (d).

Note For strict liability, see section 6.1 of the Criminal Code.

[696]Subregulation 298C (5)

substitute

  1. (5)

    In this regulation:

offence against subregulation (1) includes:

  1. (a)

    an offence against section 11.1 or 11.4 of the Criminal Code in relation to an offence against that subregulation; and

  2. (b)

    an offence against subregulation (1) because of the operation of section 11.2 or 11.3 of the Criminal Code.

[697]Regulation 299

omit

Where the holder

insert

  1. (1)

    If the holder

[698]Regulation 299

after the penalty, insert

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[699]Subregulation 301 (2)

substitute

  1. (2)

    A person must not engage in conduct that results in the destruction, mutilation or defacement of a document that the person is required to surrender to CASA.

Penalty: 10 penalty units.

  1. (3)

    An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[700]Subregulation 302 (1), at the foot

insert

Penalty: 5 penalty units.

[701]After subregulation 302 (2), including the penalty

insert

  1. (3)

    An offence against subregulation (1) or (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[702]After subregulation 304 (2), including the penalty

insert

  1. (3)

    An offence against subregulation (2) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[703]After subregulation 305 (1A), including the penalty

insert

  1. (1B)

    An offence against subregulation (1A) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[704]After subregulation 308 (3A), including the penalty

insert

  1. (3B)

    An offence against subregulation (3A) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[705]Subregulation 309A (4)

substitute

  1. (4)

    A person who is bound by an instruction must comply with the instruction.

Penalty: 25 penalty units.

  1. (5)

    An offence against subregulation (4) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

  1. (6)

    It is a defence to a prosecution under subregulation (4) if the person had a reasonable excuse.

Note A defendant bears an evidential burden in relation to the matter in subregulation (6) (see subsection 13.3 (3) of the Criminal Code).

[706]After subregulation 310B (5), including the penalty

insert

  1. (5A)

    An offence against subregulation (4) or (5) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

[707]After subregulation 322 (5), including the penalty

insert

  1. (6)

    An offence against subregulation (4) or (5) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

Notes

1. These Regulations amend Statutory Rules 1988 No. 158, as amended by 1988 Nos. 209, 373 and 376; 1989 Nos. 31 and 276; 1990 Nos. 100, 215, 216, 258, 260, 289, 310, 331, 332 and 466; Act No. 25, 1990; Statutory Rules 1991 Nos. 54, 147, 157, 247, 287, 382, 409, 410, 426 and 487 (as amended by 1992 No. 174); 1992 Nos. 36, 174, 254, 258, 279, 325, 342, 380, 417 and 418; 1993 Nos. 221, 268, 319 (new regulation 239 contained in regulation 16 was disallowed by the Senate on 23 March 1994) and 368; 1994 Nos. 93, 173, 187, 188, 260, 294, 382 and 396; 1995 Nos. 122, 147, 148 and 224; 1996 No. 88; 1997 Nos. 23, 67, 111, 139 and 220; 1998 Nos. 31, 32, 219, 234 (disallowed by the Senate on 8 March 1999), 235, 236 and 288; 1999 Nos. 166 (as amended by 1999 No. 262), 167, 210, 229, 262, 353 and 354; 2000 Nos. 8, 204 (items [1], [4] and [5] of Schedule 3 were disallowed by the Senate on 8 November 2000), 205, 227, 261, 294, 295, 296 and 362; Act No. 137, 2000; Statutory Rules 2001 Nos. 348 and 349 (as amended by 2002 No. 79); 2002 Nos. 167 (as amended by 2003 No. 58), 180, 221, 267, 319 and 350; 2003 Nos. 58, 75, 95 and 189.

2. Notified in the Commonwealth of Australia Gazette

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