Civil Aviation Regulations (Amendment) (Cth)
I,
THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice
of the Federal Executive Council, make the following Regulations under the
Dated 27 June 1991.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
BOB COLLINS
Minister of State for Shipping
and Aviation Support
____________
1.1 These Regulations commence on 1 July 1991.
2.1 The Civil Aviation Regulations are amended as set out in these Regulations.
3.1 Subregulation 2 (1)
(definition of
4.1 Subregulation 72c (5):
Omit “the Schedule,”, substitute “Schedule 1,”.
5.1 Subregulation 72d (4):
Omit “the Schedule,”, substitute “Schedule 1,”.
6.1 After regulation 296, insert the following Division in Part XVI:
“296a. In this Division:
“296b. If an authorised person has reason to believe that a person has committed a prescribed offence, he or she may serve on the person an infringement notice in accordance with this Division.
“296c. (1) An authorised person may withdraw an infringement notice served on a person (in this regulation called ‘the recipient’) by serving written notice of the withdrawal on the recipient:
(a) within 28 days after the date of service of the infringement notice; or
(b) if an authorised person allows the recipient a further period of time in which to pay the penalty specified in the notice — before the end of the further period.
“(2) Without limiting the generality of subregulation (1), the authorised person may withdraw the infringement notice after taking into account:
(a) whether the recipient has previously been convicted of an offence against these Regulations; or
(b) the circumstances in which the offence specified in the notice is alleged to have been committed; or
(c) whether an infringement notice has previously been served on the recipient in relation to an offence of the same type as the offence specified in the notice and in relation to which the recipient paid the penalty specified in the notice; or
(d) any other relevant matter.
“(3) If:
(a) the recipient pays the penalty specified in the notice within 28 days after the date of service of the notice, or within any further period (not being more than 28 days) allowed by an authorised person (whether before or after the end of the first 28 day period); and
(b) the notice is withdrawn after the recipient pays the penalty; the Authority must refund to the recipient an amount equal to the amount paid.
“296d. An authorised person may serve an infringement notice, or a notice of withdrawal of an infringement notice:
(a) on an individual:
(i) by giving it to the individual personally; or
(ii) by leaving it at, or by sending it by post to, the address of the place of residence or business of the individual that is last known to the authorised person; or
(iii) by giving it, at the place of residence or business of the individual that is last known to the authorised officer, to a person who is, or is reasonably believed by the authorised officer to be, above the age of 16 years and apparently an occupant of, or employed at, the place; and
(b) on a body corporate:
(i) by sending it by post to the head office, registered office, principal office or other postal address of the body corporate; or
(ii) by giving it to a person who is, or is reasonably believed by the authorised officer to be:
(a) an officer of, or in the service of, the body corporate; and
(b) above the age of 16 years;
at the head office, registered office, principal office or other place of business of the body corporate.
“296e. (1) An infringement notice must:
(a) specify the name of the authorised person by whom, or on whose behalf, the notice is served; and
(b) specify the nature of the prescribed offence that is alleged to have been committed; and
(c) specify when and where the offence is alleged to have been committed; and
(d) notify the person on whom it is served that, if he or she does not wish the matter to be dealt with by a court, he or she may pay the amount of the penalty specified in the notice within 28 days after the date of service of the notice, or within any further period (not being more than 28 days) allowed by an authorised person (whether before or after the end of the first 28 day period); and
(e) specify where and how the penalty specified in the notice may be paid.
“(2) An infringement notice may contain any other matters that the Authority considers necessary.
“296f. If:
(a) an infringement notice is served on a person; and
(b) the person pays the penalty specified in the notice within 28 days after the date of service of the notice, or within any further period (not being more than 28 days) allowed by an authorised person (whether before or after the end of the first 28 day period); and
(c) the infringement notice is not withdrawn;
then:
(d) any liability of the person in respect of the offence specified in the notice is taken to be discharged; and
(e) further proceedings cannot be taken against the person for the offence; and
(f) the person is not regarded as having been convicted of the offence.
“296g. (1) At the hearing of a prosecution for an offence specified in an infringement notice, a certificate signed by an authorised person that states:
(a) that the authorised person did not allow further time under paragraph 296f (b) for payment of the penalty specified in the notice; and
(b) that the penalty has not been paid in accordance with the notice within 28 days after the date of service of the notice;
is evidence of those matters.
“(2) At the hearing of a prosecution for an offence specified in an infringement notice, a certificate signed by an authorised person and stating:
(a) that the authorised person allowed, under paragraph 296f (b), the further time specified in the certificate for payment of the penalty specified in the notice; and
(b) that the penalty has not been paid in accordance with the notice or within the further time allowed;
is evidence of those matters.
“(3) At the hearing of a prosecution for an offence specified in an infringement notice, a certificate signed by an authorised person and stating that the notice was withdrawn on a day specified in the certificate is evidence of that fact.
“(4) A certificate that purports to have been signed by an authorised person is taken to have been signed by that person unless the contrary is proved.
“296h. This Division does not prevent the service of more than one infringement notice on a person for the same offence, but regulation 296f applies to the person if the person pays the prescribed penalty in accordance with one of the infringement notices.
“296i. If a cheque is offered to the Authority as payment of all or part of the amount of a penalty specified in an infringement notice, payment is taken not to have been made unless the cheque is honoured upon presentation.
“296j. Nothing in this Division:
(a) requires an infringement notice to be served on a person in relation to a prescribed offence; or
(b) affects the liability of a person to be prosecuted for a prescribed offence if the person does not comply with an infringement notice; or
(c) affects the liability of a person to be prosecuted for a prescribed offence if an infringement notice is not served on the person in relation to a prescribed offence; or
(d) limits the amount of the fine that may be imposed by a court on a person convicted of a prescribed offence.”.
7.1 Omit “SCHEDULE”, substitute “SCHEDULE 1”.
8.1 Add at the end of Schedule 1:
PRESCRIBED OFFENCES AND PRESCRIBED PENALTIES
Item No | Prescribed Offence | Prescribed Penalty |
$ | ||
1. | Subregulation 11 (1) | 100 |
Subregulation 11 (2) | ||
Subregulation 12 (1) | ||
Subregulation 12 (4) | ||
Subregulation 16 (9) | ||
Subregulation 17 (1) | ||
Regulation 18 | ||
Regulation 19 | ||
Subregulation 25 (3) | ||
Regulation 49 | ||
Subregulation 54 (3) | ||
Subregulation 54 (4a) | ||
Regulation 64 | ||
Subregulation 77 (1) | ||
Subregulation 78 (1) | ||
Regulation 79 | ||
Subregulation 80 (2) | ||
Regulation 120 | ||
Subregulation 132 (1) | ||
Subregulation 132 (2) | ||
Subregulation 139 (1) | ||
Regulation 210 | ||
Subregulation 215 (7) | ||
Regulation 216 | ||
Regulation 221 | ||
Regulation 259 | ||
Regulation 260 | ||
Regulation 289 | ||
Regulation 299 |
SCHEDULE 2
Item No | Prescribed Offence | Prescribed Penalty $ |
2. | Subregulation 43 (1) | 300 |
Subregulation 43 (6) | ||
Subregulation 48 (3) | ||
Regulation 49 | ||
Subregulation 70 (1) | ||
Regulation 75 | ||
Subregulation 88 (3) | ||
Subregulation 94 (2) | ||
Subregulation 95 (3) | ||
Regulation 167 | ||
Subregulation 168 (1) | ||
Regulation 214 | ||
Subregulation 215 (1) | ||
Subregulation 215 (5) | ||
Subregulation 215 (6) | ||
Subregulation 215 (8) | ||
Subregulation 220 (1) | ||
Subregulation 220 (2) | ||
Regulation 223 | ||
3. | Subregulation 38 (9) | 500 |
Subregulation 39 (1) | ||
Subregulation 39 (2) | ||
Subregulation 39 (3) | ||
Subregulation 39 (4) | ||
Subregulation 39 (5) | ||
Subregulation 39 (6) | ||
Subregulation 39 (7) | ||
Subregulation 40 (1) | ||
Subregulation 41 (1) | ||
Subregulation 41 (2) | ||
Subregulation 41 (3) | ||
Regulation 42 | ||
Subregulation 43 (7) | ||
Subregulation 43 (13) | ||
(other than paragraph | ||
(13)(c)) | ||
Subregulation 47 (1) | ||
Subregulation 47 (3) | ||
Subregulation 47 (4) | ||
Regulation 50 | ||
Subregulation 51 (1) | ||
Subregulation 51 (2) |
SCHEDULE 2—continued
Item No | Prescribed Offence | Prescribed Penalty $ |
3. | Subregulation 51 (3) | 500 |
Subregulation 52 (1) | ||
Subregulation 52 (2) | ||
Subregulation 52 (3) | ||
Subregulation 54 (2) | ||
Regulation 69 | ||
Regulation 71 | ||
Subregulation 138 (4) | ||
Subregulation 166 (1) | ||
Subregulation 166 (3) | ||
Regulation 213”. |
1. Notified in
the
2. Statutory Rules 1988 No. 158 as amended by Statutory Rules 1988 Nos. 209, 373 and 376; 1989 Nos. 31 and 276; 1990 Nos. 100, 215, 216, 258, 260, 289, 310, 331, 332 and 466; 1991 Nos. 54, and 147.
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