CIVIL AVIATION AMENDMENT REGULATIONS 2003 (NO. 5) 2003 NO. 201 Amendments (2024)

Commonwealth Numbered Regulations

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CIVIL AVIATION AMENDMENT REGULATIONS 2003 (NO. 5) 2003 NO. 201 - SCHEDULE 1

Amendments

(regulation 3)

[1] Subregulation2(1), after definition ofelevation

insert

"engage in conduct" means:

(a)

do an act; or

(b)

omit to perform an act.

[2] Subregulation 6A(3)

omit

as soon as practicable.

insert

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

[3] Aftersubregulation 6A(3), including the penalty

insert

(3A)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

(3B)

It is adefence to a prosecution under subregulation(3) if the defendantreturned the identity card to CASA as soon as practicable.

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

[4] Subregulation13C(1)

omit

withdrawal.

insert

withdrawal, in accordance withsubregulation (2).

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

insert

Penalty:
5 penalty units.

[6] Subregulation 13C(3)

substitute

(3)

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

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

(4)

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

Note
A defendant bears an evidential burden in relationto the matter in subregulation (4) (see subsection 13.3(3) of theCriminal 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

(3)

Anoffence against subregulation(1) or (2) is an offence of strictliability.

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

(4)

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

Note
A defendant bears anevidential burden in relation to the matter in subregulation (4) (seesubsection 13.3(3) of the Criminal Code ).

[10] Subregulation13E(1), at the foot

insert

Penalty:
5 penalty units.

[11]Subregulation 13E(2)

substitute

(2)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

(3) It is a defence to aprosecution under subregulation(1) if the defendant had a reasonableexcuse.

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

[12] Subregulation 13F(3)

substitute

(3)

The holder of a certificateof registration who receives a requirement under this regulation must complywith the requirement.

Penalty:
5 penalty units.

(4)

An offence againstsubregulation(3) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

(5)

It is a defence to aprosecution under subregulation(3) if the defendant had a reasonableexcuse.

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

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

insert

Penalty:
5 penaltyunits.

[14] Subregulation 13G(2)

substitute

(2)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

(3)

It is a defence to aprosecution under subregulation(1) if the defendant had a reasonableexcuse.

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

[15] Subregulation 13I(1)

omit

writing

insert

writing, asrequired by this regulation,

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

insert

Penalty:
5 penalty units.

[17] Subregulation 13I(6)

substitute

(6)

An offence against subregulation(1) is an offence of strictliability.

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

(7)

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

Note
A defendant bears an evidentialburden in relation to the matter in subregulation (7) (see subsection13.3(3) of the Criminal Code ).

[18] Subregulation 13R(1), at thefoot

insert

Penalty:
5 penalty units.

[19] Subregulation 13R(2)

substitute

(2)

An offence against subregulation(1) is an offence ofstrict liability.

Note
For strict liability , see section 6.1 of theCriminal Code .

(3)

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

Note
Adefendant bears an evidential burden in relation to the matter insubregulation (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

(7)

Anoffence 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

(3B)

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

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

(3C)

Itis a defence to a prosecution under subregulation(3A) if the defendanthad a reasonable excuse.

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

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

insert

(4B)

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

Note
For strict liability , see section 6.1 ofthe Criminal Code .

[25] Subregulation 30B(3), penalty

substitute

Penalty:
5 penalty units.

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

insert

(4)

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

Note
For strict liability , see section 6.1 ofthe Criminal Code .

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

insert

(2B)

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

Note
For strict liability , see section 6.1 ofthe Criminal Code .

[28] Subregulation 31(3A)

omit

not, withoutreasonable excuse,

insert

not

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

insert

(3B)

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

Note
For strictliability , see section 6.1 of the Criminal Code .

(3C)

It is a defence to aprosecution under subregulation(3A) if the defendant had a reasonableexcuse.

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

[30] Subregulation 33B(4)

omit

not, without reasonableexcuse,

insert

not

[31] Subregulation 33B(4), penalty

substitute

Penalty:
50 penalty units.

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

insert

(5)

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

Note
For strict liability , see section 6.1 ofthe Criminal Code .

(6)

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

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

[33]Subregulation 33F(2)

substitute

(2)

If an aircraft welding authorityis cancelled, its holder must return it to CASA within 7 days after thecancellation.

Penalty:
5 penalty units.

(3)

An offence againstsubregulation(2) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

(4)

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

Note
A defendantbears an evidential burden in relation to the matter in subregulation (4) (seesubsection 13.3(3) of the Criminal Code ).

[34] Subregulation33I(3)

omit

not, without reasonable excuse,

insert

not

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

insert

(4)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

(5)

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

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

[36] Subregulation 34(3A)

omit

not, withoutreasonable excuse,

insert

not

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

insert

(3B)

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

Note
For strictliability , see section 6.1 of the Criminal Code .

(3C)

It is a defence to aprosecution under subregulation(3A) if the defendant had a reasonableexcuse.

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

[38] Subregulation 34(5), penalty

substitute

Penalty:
50penalty units.

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

insert

(6)

An offence against subregulation(5) is an offence of strictliability.

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

(8)

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

Note
For strict liability , see section 6.1 of theCriminal Code .

(9)

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

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

[42]Subregulation 36A(3)

substitute

(3)

The person must not use, orpermit the use of, aircraft material for that purpose if the aircraft materialdoes not conform to the specification.

Penalty:
50 penalty units.

(3A)

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

Penalty:
50 penalty units.

(3B)

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

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

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

insert

(2B)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[44] Subregulation38(3), at the foot

insert

Penalty:
50 penalty units.

[45] Aftersubregulation 38(4), including the penalty

insert

(5)

An offenceagainst 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 penaltyunits.

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

substitute

(2)

Aperson must not use a class A aircraft in an operation if there is not anapproved system of maintenance for the aircraft that includes provision forthe maintenance of all aircraft components from time to time included in, orfitted to, the aircraft.

Penalty:
50 penalty units.

Note
A system ofmaintenance is approved under regulation 42M.

(3)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[48] Regulation 40

substitute

40 Defective or inappropriate systems of maintenance

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

(a)

nolonger appropriate; or

(b)

defective;

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

Penalty:
25penalty units.

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

insert

Penalty:
50 penalty units.

[50] Subregulation 41(2)

substitute

(2)

Aperson must not use a class B aircraft in an operation if there is not amaintenance schedule for the aircraft that includes provision for themaintenance of all aircraft components from time to time included in, orfitted to, the aircraft.

Penalty:
50 penalty units.

(3)

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

Note
Forstrict 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 longerappropriate, the holder of the certificate of registration for the aircraft,within 7 days after becoming aware of the defect, or that the schedule isinappropriate, must report the situation to CASA and take one of the followingactions to ensure that the aircraft has a maintenance schedule that isappropriate and not defective:

[52] Regulation 42U

omit everything beforeparagraph (a), insert

(1)

A person may modify or repair an Australianaircraft only if:

[53] Regulation 42U

after the penalty, insert

(2)

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

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

[54] Aftersubregulation 42V(2)

insert

(3)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[55] Subregulation42W(2)

omit

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

insert

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

[56]Subregulation 42W(4)

omit

unless:

insert

if each of the followingrequirements is not satisfied:

[57] Subparagraph42W(4)(a)(ii)

omit

and

[58] Paragraph42W(4)(b)

omit

and

[59] Subparagraph42W(4)(c)(iv)

omit

and

[60] Paragraph42W(4)(d)

omit the third mention of

and

[61] Aftersubregulation 42W(5)

insert

(6)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[62] Subregulation42X(1)

omit

must not use an aircraft material in an aircraft unless

insert

may use an aircraft material in an aircraft only if

[63] Aftersubregulation 42X(2)

insert

(3)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[64] Subregulation42ZA(2)

substitute

(2)

A person to whom this regulation applies mustnot use, or permit the use of, an aircraft component, aircraft material orother thing in connection with the maintenance of the aircraft if:

(a)

useof the component, material or thing would be an offence against theseRegulations if the aircraft were in Australian territory; and

(b)

CASA has not approved the use.

Penalty:
50 penalty units.

(3) An offence against subregulation(2) isan offence of strict liability.

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

[65] Subregulation 42ZC(2)

substitute

(1)

Theholder of the certificate of registration for, the operator of, and the pilotin command of, an Australian aircraft must not authorise or permit anymaintenance to be carried out on the aircraft in Australian territory by aperson if the person is not permitted by this regulation to carry out themaintenance.

Penalty:
50 penalty units.

(2)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[66] Subregulation42ZD(1)

omit

except by a person who is permitted by

insert

by aperson if the person is not permitted by

[67] After subregulation42ZD(1), including the penalty

insert

(1A)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[68] After subregulation42ZE(2)

insert

(3)

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

Note
For strict liability , see section 6.1 ofthe Criminal Code .

[69] Subregulation 42ZJ(3)

substitute

(3)

If anapproved system of certification of completion of maintenance is:

(a)

nolonger appropriate; or

(b)

defective;

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

Penalty:
25 penalty units.

[70] Regulation42ZN

omit

The holder

insert

(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

afterthe penalty, insert

(2)

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

Note
For strict liability , see section 6.1 ofthe Criminal Code .

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

substitute

(1)

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

Penalty:
50penalty units.

[75] After subregulation 42ZP(2)

insert

(3)

Anoffence 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 followingrequirements is not satisfied:

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

omit

and

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

insert

(4)

An offence against subregulation(1) or (3) is an offence of strictliability.

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

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

insert

(5A)

An offence against subregulation(5) is an offence of strictliability.

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

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

insert

(4)

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

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

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

insert

(5)

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

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

[82] Regulation 42ZZA

omit

An operator

insert

(1)

An operator

[83]Regulation 42ZZA

after the penalty, insert

(2)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[84] Subregulation43(6)

substitute

(6)

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

(a)

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

(b)

CASA has approved the issue of the maintenance release.

[85] Subregulation 43(7)

omit everything before paragraph (a), insert

(7)

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

[86] After subregulation 43(16)

insert

(17)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

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

insert

(3)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[88] Regulation 43B

omit

On the completion

insert

(1)

On the completion

[89] Regulation 43B

after the penalty, insert

(2)

An offence against subregulation(1) isan offence of strict liability.

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

[90] After subregulation 44(3)

insert

(4)

Anoffence 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)

If

[92] Regulation 46

after thepenalty, insert

(2)

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

Note
For strict liability , see section 6.1 of theCriminal Code .

[93] Subregulation 47(2), penalty

omit

[94] Aftersubregulation 47(6)

insert

(7)

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

Note
For strict liability , see section6.1 of the Criminal Code .

[95] Subregulation 48(3)

substitute

(3)

An authorised person must not make an endorsem*nt under subregulation (2) ifthere is a reason why the endorsem*nt 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)

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

(a)

theholder of the certificate of registration for the aircraft;

(b)

the operator of the aircraft;

(c)

a flight crew member of the aircraft;

(d)

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

(2)

If:

(a)

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

(b)

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

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

Penalty:
25penalty units.

(3)

For subregulation(2), the maintenance release orother document must be signed by the person mentioned insubregulation(1), and must:

(a)

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

(b)

set out the conditions (if any) with respect to the use of the aircraftwith those permissible unserviceabilities set out in any direction given underregulation37 in relation to those permissible unserviceabilities as arenot set out in any operations manual issued with respect to the aircraft or inPart 20 of the Civil Aviation Orders; and

(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.

50 Defects and major damage to be endorsed on maintenance release
(1) This regulation applies to each of the following persons:

(a)

the holderof the certificate of registration for an Australian aircraft;

(b)

the operator of an Australian aircraft;

(c)

a flight crew member of an Australian aircraft.

(2)

If:

(a)

there is a defect in the aircraft; or

(b)

the aircraft has suffered major damage;

a person mentioned in subregulation (1), who becomes aware of the defect ordamage, must endorse the maintenance release of the aircraft or other documentapproved 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, andsign the endorsem*nt.

Penalty:
25 penalty units.

[97] After subregulation50A(2)

insert

(3)

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

Note
For strict liability , see section 6.1 ofthe 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

(5)

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

(a)

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

(b)

the words struck out do not remain legible.

Penalty:
50 penalty units.

(6)

An offence against subregulation(5) isan offence of strict liability.

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

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

insert

(4)

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

Note
For strict liability , see section 6.1 of theCriminal Code .

[102] Regulation 50D

omit

A person

insert

(1)

A person

[103] Regulation 50D

after the penalty, insert

(2)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[104] After subregulation50F(2)

insert

(3)

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

Note
For strict liability , see section 6.1 ofthe Criminal Code .

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

insert

Penalty:
25 penalty units.

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

insert

(2A)

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

Note
For strict liability , see section 6.1 ofthe Criminal Code .

[107] Subregulation 51A(3)

omit

knowingly orrecklessly

[108] Regulation 51B

omit

If a person

insert

(1)

If a person

[109] Regulation 51B

after the penalty, insert

(2) An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[110] Subregulation52(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

(5)

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

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

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

insert

(2A)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

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

insert

(3B)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[115] Aftersubregulation 55(6), including the penalty

insert

(7)

An offenceagainst 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 persondoes not have CASA's written approval to do so.

[118] Subregulation57(2)

omit

alter

insert

engage in conduct that results in thealteration of

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

insert

(2A)

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

Note
For strict liability , see section 6.1 of theCriminal Code .

[120] Subregulation 57(3)

omit

under

insert

for

[121] Subregulation 58(1)

omit

Except with CASA's written approval, aperson must not remove or alter

insert

A person must not, without CASA'swritten approval, remove or engage in conduct that results in the alterationof

[122] Subregulation 58(2)

omit

alter

insert

engage in conductthat results in the alteration of

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

insert

(2A)

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

Note
For strict liability , seesection 6.1 of the Criminal Code .

[124] Subregulation 58(3)

omit

under

insert

for

[125] Subregulation 59(3)

substitute

(3)

A personmust not mark on a balloon heater:

(a)

information about another balloonheater; or

(b)

information about a fictitious balloon heater.

Penalty:
50 penalty units.

(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

(3)

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

Note
For strict liability , see section6.1 of the Criminal Code .

[127] After subregulation 61(2), includingthe penalty

insert

(3)

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

Note
For strict liability , see section 6.1 ofthe Criminal Code .

[128] Subregulation 5.04(1)

substitute

(1)

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

Penalty:
50 penaltyunits.

(1A)

An offence against subregulation(1) is an offence ofstrict liability.

Note
For strict liability , see section 6.1 of theCriminal Code .

[129] Subregulation 5.05(1)

omit

unless the personholds

insert

if the person does not hold

[130] After subregulation5.05(1), including the penalty

insert

(2)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[131] Subregulation5.06(1)

omit

unless the person holds

insert

if the person does nothold

[132] Before subregulation 5.06(2)

insert

(1A)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[133] Paragraph5.07(1)(a)

omit

for the purpose of qualifying

[134]Subregulation 5.07(1)

omit

unless the person holds

insert

if theperson 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] Aftersubregulation 5.07(3), including the penalty

insert

(4)

An offenceagainst 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

(5)

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

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

[142] Aftersubregulation 5.11(3), including the penalty

insert

(3A)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[143] Aftersubregulation 5.16(3), including the penalty

insert

(3A)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[144] Aftersubregulation 5.20(4), including the penalty

insert

(4A)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[145] Aftersubregulation 5.21(4), including the penalty

insert

(4A)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[146] Aftersubregulation 5.25(3), including the penalty

insert

(3A)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

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

insert

(1A)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[148] Aftersubregulation 5.29(3), including the penalty

insert

(3A)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[149] Subregulation5.33(1)

omit

knowingly or recklessly

[150] Subregulation5.33(2)

omit

not, knowingly or recklessly,

insert

not

[151] Aftersubregulation 5.34(5), including the penalty

insert

(5A)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[152] Regulation5.35

substitute

5.35 Airship pilot training

(1)

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

Penalty:
50 penalty units.

(2)

An offence against subregulation(1) isan offence of strict liability.

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

[153] Regulation 5.37

substitute

5.37 Flightengineer training
(1) A person must not, during flight time in an aircraft, give training incarrying out the duties of a flight engineer if the person is not a checkflight engineer or a training flight engineer.

Penalty:
50 penalty units.

(2)

An offence against subregulation(1) is an offence of strictliability.

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

(3)

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

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

(4) It isa defence to a prosecution under paragraph(2)(b) if the defendanthad a reasonable excuse.

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

[156] Subregulation 5.40(1)

omit

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

insert

may flyan 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 anaircraft as pilot acting in command under supervision unless:

insert

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

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

insert

(3)

Anoffence against subregulation(1) or (2) is an offence of strictliability.

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

[160] Subregulation 5.42(2)

omit

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

insert

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

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

insert

(3C)

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

Note
For strict liability , seesection 6.1 of the Criminal Code .

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

insert

(5A)

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

Note
For strict liability , see section6.1 of the Criminal Code .

[163] After subregulation 5.47(1), includingthe penalty

insert

(1A)

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

Note
For strict liability , see section 6.1 ofthe Criminal Code .

[164] Subregulation 5.50(4), penalty

substitute

Penalty:
50 penalty units.

[165] After subregulation 5.50(4), includingthe penalty

insert

(5)

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

Note
For strict liability , see section 6.1 ofthe Criminal Code .

[166] After subregulation 5.51(5)

insert

(6)

Anoffence against subregulation(1) or (4) is an offence of strictliability.

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

[167] After subregulation 5.52(5)

insert

(5A)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[168] Regulation5.53

omit

A person

insert

(1)

A person

[169] Regulation 5.53

after thepenalty, insert

(2)

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

Note
For strict liability , see section 6.1 of theCriminal Code .

[170] After subregulation 5.54(5), including thepenalty

insert

(6)

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

Note
For strict liability , see section 6.1 ofthe Criminal Code .

[171] Subregulation 5.55(2)

substitute

(2)

Aperson must not contravene a direction under subregulation(1).

Penalty:
25 penalty units.

(3)

An offence against subregulation(2) isan offence of strict liability.

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

(4)

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

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

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

insert

(2A)

Anoffence 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

(4A)

Anoffence 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 followingrequirements is not satisfied:

[175] Paragraph 5.66(2)(a)

omit

and

[176] Subregulation 5.66(3)

omit

territory except with thepermission of CASA.

insert

territory.

[177] After subregulation5.66(3), including the penalty

insert

(3A)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

(3B)

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

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

[178] Regulation 5.67

omit everything before paragraph (a),insert

(1)

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

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

omit

and

[180] Regulation 5.67

after the penalty, insert

(2)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[181] Regulation5.68

omit everything before paragraph (a), insert

(1)

An authorised flightinstructor may permit a student pilot to fly an aircraft as pilot in commandonly if:

[182] Regulation 5.68

after the note, insert

(2)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[183] Regulation5.69

omit everything before paragraph (a), insert

(1)

An authorised flightinstructor must not permit a student pilot to fly an aircraft as pilot incommand if the flight is not:

[184] Regulation 5.69

after the penalty,insert

(2)

An offence against subregulation(1) is an offence of strictliability.

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

[185] Regulation 5.70

omit

An authorised

insert

(1)

An authorised

[186] Regulation 5.70

omit

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

insert

if, after each period of 3 or15 hours, as the case requires, the student has not undertaken

[187]Regulation 5.70

after the penalty, insert

(2)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[188] Regulation 5.71

omit everything before paragraph (a), insert

(1)

An authorised flightinstructor may permit a student pilot to fly an aircraft as pilot in commandonly if:

[189] Regulation 5.71

after the penalty, insert

(2)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[190] Regulation5.72

substitute

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

(1)

An authorised flight instructor mustnot permit a student pilot to fly as pilot in command of an aircraft in whicha passenger is carried.

Penalty:
50 penalty units.

(2)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

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

(a)

the flight takes placesolely within the student pilot area limit; and

(b)

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

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

[191] Regulation 5.73

omit everything before paragraph (a), insert

(1)

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

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

omit

and

[193]Regulation 5.73

after the penalty, insert

(2)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[194] Before subregulation5.74(2)

insert

(1A)

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

Note
For strict liability , see section 6.1 ofthe Criminal Code .

[195] Subregulation 5.75(2)

omit

unless thestudent pilot attempting the test has been recommended for the test for thatcategory by the chief flying instructor of the flying school where the studentattempts the test.

insert

if the chief flying instructor of the flyingschool where the student attempts the test has not recommended the student forthe 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 subregulation5.75(6)

insert

(7)

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

Note
For strict liability , seesection 6.1 of the Criminal Code .

[199] Subregulation 5.81(1)

omit

unless the pilot has,

insert

if the pilot has not,

[200] Aftersubregulation 5.81(4), including the penalty

insert

(4A)

An offenceagainst 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)

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

[202] Paragraph5.82(a)

omit

and

[203] Regulation 5.82

after the note, insert

(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

(2)

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

Penalty:
25 penalty units.

[205] Subregulation 5.86(3)

omit

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

insert

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

[206] Before subregulation5.86(4)

insert

(3A)

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

Note
For strict liability , see section6.1 of the Criminal Code .

[207] Subregulation 5.91(1)

omit

unlessthe pilot has,

insert

if the pilot has not,

[208] After subregulation5.91(4), including the penalty

insert

(4A)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[209] Subregulation5.92(1)

omit

unless:

insert

and the pilot has not satisfiedwhichever of the following requirements is applicable:

[210] Paragraph5.92(1)(a)

omit

and

[211] Before subregulation 5.92(2)

insert

(1A)

An offence against subregulation(1) is an offence ofstrict liability.

Note
For strict liability , see section 6.1 of theCriminal Code .

[212] Subregulation 5.94(2)

omit

unless the personattempting the test has

insert

if the person attempting the test has not

[213] Subregulation 5.94(3)

omit

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

insert

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

[214]Before subregulation 5.94(4)

insert

(3A)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[215] Subregulation5.99(1)

omit

unless the pilot has,

insert

if the pilot has not,

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

insert

(4A)

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

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

[217] Subregulation 5.100(1)

omit

unless:

insert

and the pilothas not satisfied whichever of the following requirements is applicable:

[218] Paragraph 5.100(1)(a)

omit

and

[219] Before subregulation5.100(2)

insert

(1A)

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

Note
For strict liability , see section 6.1 ofthe Criminal Code .

[220] Subregulation 5.102(2)

substitute

(2)

Anapproved testing officer, or CASA flying operations inspector, must notconduct a private pilot (gyroplane) licence flight test if the chief flyinginstructor of the flying school where the person attempts the test has notrecommended the person for the test.

Penalty:
25 penalty units.

[221]Subregulation 5.102(3)

omit

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

insert

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

[222] Beforesubregulation 5.102(4)

insert

(3A)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[223] Subregulation5.108(1)

omit

unless the pilot has,

insert

if the pilot has not,

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

insert

(4A)

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

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

[225] Regulation 5.109

omit everything before paragraph (a), insert

(1)

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

[226] Subparagraph5.109(a)(iii)

omit

rating; or

insert

rating;

[227] Regulation5.109

after the penalty, insert

(2)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[228] After subregulation5.110(1), including the penalty

insert

(1A)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[229] Subregulation5.119(2)

omit

unless the person attempting the test has

insert

ifthe person attempting the test has not

[230] Subregulation 5.119(3)

omit

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

insert

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

[231] Before subregulation 5.119(4)

insert

(3A)

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

Note
For strict liability , see section 6.1 of theCriminal Code .

[232] Subregulation 5.124(1)

omit

unless the pilothas,

insert

if the pilot has not,

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

insert

(4A)

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

Note
For strict liability , seesection 6.1 of the Criminal Code .

[234] Subregulation 5.125(1)

omit

unless:

insert

and the pilot has not satisfied whichever of the followingrequirements is applicable:

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

insert

(1A)

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

Note
For strict liability , see section6.1 of the Criminal Code .

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

insert

(1A)

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

Note
For strict liability , see section6.1 of the Criminal Code .

[237] Subregulation 5.128(2)

omit

unlessthe person attempting the test has

insert

if the person attempting the testhas not

[238] Subregulation 5.128(3)

omit

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

insert

mayrecommend a person for a commercial pilot (helicopter) licence flight testonly if

[239] Before subregulation 5.128(4)

insert

(3A)

An offenceagainst 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 thepilot has not,

[241] After subregulation 5.133(4), including thepenalty

insert

(4A)

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

Note
For strict liability , see section 6.1 ofthe Criminal Code .

[242] Subregulation 5.134(1)

omit

unless:

insert

and the pilot has not satisfied whichever of the following requirements isapplicable:

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

omit

rating; or

insert

rating;

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

insert

(1A)

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

Note
For strict liability , see section6.1 of the Criminal Code .

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

insert

(1A)

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

Note
For strict liability , see section6.1 of the Criminal Code .

[246] Subregulation 5.137(2)

omit

unlessthe person attempting the test has

insert

if the person attempting the testhas not

[247] Subregulation 5.137(3)

omit

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

insert

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

[248] Before subregulation 5.137(4)

insert

(3A)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[249] Subregulation5.141(1)

omit

unless he or she has

insert

if he or she has not

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

insert

(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 thepilot has not,

[252] After subregulation 5.143(4), including thepenalty

insert

(4A)

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

Note
For strict liability , see section 6.1 ofthe Criminal Code .

[253] Subregulation 5.144(1)

omit

unless thepilot has,

insert

if the pilot has not,

[254] After subregulation5.144(1), including the penalty

insert

(1A)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[255] Subregulation5.147(2)

omit

unless the person attempting the test has

insert

ifthe person attempting the test has not

[256] Subregulation 5.147(3)

omit

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

insert

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

[257] Before subregulation5.147(4)

insert

(3A)

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

Note
For strict liability , see section6.1 of the Criminal Code .

[258] Subregulation 5.154(1)

omit

unlessthe pilot has,

insert

if the pilot has not,

[259] After subregulation5.154(4), including the penalty

insert

(4A)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[260] Subregulation5.155(1)

omit

unless:

insert

and the pilot has not satisfiedwhichever of the following requirements is applicable:

[261] Subparagraph5.155(1)(a) (iii)

omit

rating; or

insert

rating;

[262] Aftersubregulation 5.155(1), including the penalty

insert

(1A)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[263] Regulation5.156

substitute

5.156 Commercial (airship) pilot: recent experience forcommercial operations

(1)

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

(a)

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

(b)

satisfactorily completed an airship proficiency check.

Penalty:
25 penalty units.

(2)

An offence against subregulation(1) isan offence of strict liability.

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

[264] After subregulation 5.157(1), includingthe penalty

insert

(1A)

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

Note
For strict liability , see section 6.1 ofthe Criminal Code .

[265] Subregulation 5.164(2)

omit

unless theperson attempting the test has

insert

if the person attempting the test hasnot

[266] Subregulation 5.164(3)

omit

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

insert

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

[267]Before subregulation 5.164(4)

insert

(3A)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[268] Subregulation5.169(1)

omit

unless the pilot has,

insert

if the pilot has not,

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

insert

(4A)

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

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

[270] Regulation 5.170

omit everything before paragraph (a), insert

(1)

An air transport (aeroplane) pilot must not fly an aeroplane as pilot incommand if the aeroplane is carrying any other person, and the pilot has notsatisfied 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

(2)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[273] After subregulation5.171(1), including the penalty

insert

(1A)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[274] Subregulation5.178(1)

omit

unless the pilot has,

insert

if the pilot has not,

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

insert

(4A)

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

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

[276] Subregulation 5.179(1)

omit

unless:

insert

and the pilothas 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 thepenalty

insert

(1A)

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

Note
For strict liability , see section 6.1 of theCriminal Code .

[279] After subregulation 5.180(1), including thepenalty

insert

(1A)

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

Note
For strict liability , see section 6.1 of theCriminal Code .

[280] Subregulation 5.184(2)

omit

unless the studentcarries

insert

if the student does not carry

[281] After subregulation5.184(2), including the penalty

insert

(3)

An offence againstsubregulation(2) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[282] Regulation 5.185

substitute

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

(1)

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

(a)

a checkflight engineer; or

(b)

a training flight engineer.

Penalty:
50 penalty units.

(2)

An offence against subregulation(1) isan offence of strict liability.

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

[283] Regulation 5.186

omit

In supervising a student

insert

(1)

In supervising a student

[284] Regulation 5.186

after thepenalty, insert

(2)

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

Note
For strict liability , see section 6.1 of theCriminal Code .

[285] Subregulation 5.187(1)

omit

must not allow astudent flight engineer to perform the duties of a flight engineer in anaircraft during flight time unless:

insert

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

[286] After subregulation 5.187(1), including thepenalty

insert

(1A)

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

Note
For strict liability , see section 6.1 of theCriminal Code .

[287] Subregulation 5.191(1)

omit

unless the engineerhas,

insert

if the engineer has not,

[288] After subregulation5.191(1), including the penalty

insert

(1A)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[289] Subregulation5.192(1)

omit

unless:

insert

if the engineer has not satisfied eachof the following requirements:

[290] Subparagraph5.192(1)(a)(ii)

omit

and

[291] After subregulation5.192(1), including the penalty

insert

(1A)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[292] Subregulation5.194(2)

omit

unless the person attempting the test has

insert

ifthe 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

(3A)

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

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

[295] Regulation 5.195

omit

In supervising

insert

(1)

In supervising

[296] Regulation 5.195

after the penalty, insert

(2)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[297] Regulation 5.195D

omit

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

insert

(1)

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

[298] Regulation 5.195D

after thepenalty, insert

(2)

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

Note
For strict liability , see section 6.1 of theCriminal Code .

[299] Subregulation 5.195E(1)

omit

unless he or shehas,

insert

if he or she has not,

[300] After subregulation5.195E(1), including the penalty

insert

(1A)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[301] After subregulation5.198(4), including the penalty

insert

(5)

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

Note
For strict liability , seesection 6.1 of the Criminal Code.

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

insert

(3A)

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

Note
For strict liability , see section6.1 of the Criminal Code .

[303] Regulation 5.201

omit

knowingly orrecklessly

[304] Regulation 5.203

substitute

5.203 Special pilot licenceonly to be used in private operations

(1)

Despite regulation 5.202, theholder of a special pilot licence may fly an aircraft only in privateoperations.

Penalty:
50 penalty units.

(2)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[305] Regulation 5.205

omit

not, knowingly or recklessly,

insert

not

[306] After subregulation6.08(3)

insert

(4)

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

Note
For strict liability , see section 6.1 ofthe Criminal Code .

[307] After subregulation 6.12(3)

insert

(4)

Anoffence 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

(3)

Anoffence 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

(3)

Anoffence against subregulation(1) or (2) is an offence of strictliability.

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

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

insert

(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)

A log

[312] Regulation 79

afterthe penalty, insert

(2)

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

Note
For strict liability , see section 6.1 ofthe Criminal Code .

[313] Subregulation 80(2)

omit

not, withoutreasonable excuse,

insert

not

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

insert

(3)

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

Note
For strict liability , see section6.1 of the Criminal Code .

(4)

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

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

[315]Subregulation 82(1)

omit

for the purpose of ensuring

insert

toensure

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

insert

(1A)

An offence against subregulation(1) is an offence of strictliability.

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

[317] Subregulation 83(1)

omit

country:

insert

country, must notdo any of the following:

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

substitute

(a)

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

(c)

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

[319] Paragraph 83(1)(d)

omit everything before subparagraph (i),insert

(d)

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

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

omit

and

[321] Paragraph83(1)(e)

substitute

(e)

permit the operation of theradiocommunication system while the aircraft is on the ground by a person whois not the holder of a certificate or licence of a kind referred to inparagraph (d).

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

insert

Penalty:
10 penaltyunits.

[323] Subregulation 83(2)

omit

for the purpose of ensuring

insert

to ensure

[324] Paragraph 83(2)(a)

omit

shall notoperate the radiocommunication system unless he or she is

insert

must notoperate the radiocommunication system if he or she is not

[325] Paragraph83(2)(b)

omit

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

insert

must not permitthe 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

ifthe 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

(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 subregulation83C(3)

insert

(4)

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

Note
For strict liability , see section 6.1 ofthe Criminal Code .

[331] Paragraph 84(1)(a)

omit

shall notuse, or permit the use of, the radiocommunication system unless there is

insert

must not use, or permit the use of, the radiocommunication system ifthere is not

[332] Paragraph 84(1)(b)

omit

shall not operatethe radiocommunication system unless the pilot is

insert

must not operatethe radiocommunication system if the pilot is not

[333] Paragraph84(1)(c)

omit

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

insert

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

[334]After subregulation 84(2)

insert

(3)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[335] After subregulation89A(1), including the penalty

insert

(1A)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[336] Subregulation89D(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

(5)

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

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

(6)

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

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

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

at the footof each subregulation, insert

Penalty:
10 penalty units

[340] Subregulation89H(4)

substitute

(4)

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

Note
For strict liability , seesection 6.1 of the Criminal Code .

(5)

It is a defence to a prosecutionunder subregulation(1), (2) or (3) if the defendant had a reasonableexcuse.

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

[341] Regulation 89J

omit

An aerodrome operator

insert

(1)

Anaerodrome operator

[342] Regulation 89J

after the penalty, insert

(2)

Anoffence 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

(3)

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

Penalty:
10 penalty units.

(4)

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

Note
For strict liability , see section 6.1 ofthe Criminal Code .

(5)

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

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

[344]Regulation 89L

omit

An aerodrome operator must notify CASA as soon aspracticable

insert

(1)

An aerodrome operator must notify CASA within 7 days

[345] Regulation 89L

after the penalty, insert

(2)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[346] Subregulation89M(3)

substitute

(3)

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

Penalty:
10 penaltyunits.

(4)

An offence against subregulation(3) is an offence of strictliability.

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

(5)

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

Note
A defendant bears an evidentialburden in relation to the matter in subregulation (5) (see subsection13.3(3) of the Criminal Code ).

[347] Regulation 89N

omit

Theoperator of a licensed aerodrome must notify CASA as soon as practicable

insert

(1)

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

[348] Regulation 89N

after the penalty, insert

(2)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[349] Subregulation89O(1), at the foot

insert

Penalty:
10 penalty units.

[350]Subregulation 89O(2)

substitute

(2)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

(3)

It is a defence to aprosecution under subregulation(1) if the defendant had a reasonableexcuse.

Note
A defendant bears an evidential burden in relation to thematter 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

(3)

Anoffence 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

directionsissued

[354] After subregulation 89Q(3)

insert

(4)

An offenceagainst 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

directionsissued

[356] Subregulation 89R(2)

omit

in the circ*mstances specified

insert

in accordance with the directions issued

[357] After subregulation89R(4)

insert

(5)

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

Note
For strict liability , seesection 6.1 of the Criminal Code .

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

insert

(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 subregulation89T(1), including the penalty

insert

(1A)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[360] Subregulation89U(2)

omit

not, without reasonable excuse,

insert

not

[361] Aftersubregulation 89U(3)

insert

(4)

An offence againstsubregulation(2) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

(5)

It is a defence to aprosecution under subregulation(2) if the defendant had a reasonableexcuse.

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

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

substitute

(6)

An operatorwho fails to comply with subregulation (2), (3) or (5) is guilty of anoffence.

Penalty:
10 penalty units.

(7)

A reporting officer who does notcarry out the reporting function in subregulation (4) is guilty of an offence.

Penalty:
10 penalty units.

(8)

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

Note
For strict liability , seesection 6.1 of the Criminal Code .

(9)

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

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

[363]Subregulation 89X(4)

substitute

(4)

An aerodrome operator who failsto comply with subregulation(2) or

(3)

is guilty of an offence.

Penalty:
10 penalty units.

(5)

An offence against subregulation(4) isan offence of strict liability.

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

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

Note
Adefendant bears an evidential burden in relation to the matter insubregulation (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

(2)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

(3)

It is a defence to aprosecution under subregulation(1) that the defendant had a reasonableexcuse.

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

[366] Subregulation 89ZA(3)

substitute

(3)

An aerodrome operatorwho does not comply with subregulation(1) or

(2)

is guilty of anoffence.

Penalty:
10 penalty units.

(3A)

An offence againstsubregulation(3) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

(3B)

It is a defence to aprosecution under subregulation(3) if the defendant had a reasonableexcuse.

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

[367] Subregulation 89ZD(4)

substitute

(4)

An aerodromeoperator must not fail to comply with a condition subject to which anexemption is granted.

Penalty:
10 penalty units.

(5)

An offence againstsubregulation(4) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

(6)

It is a defence to aprosecution under subregulation(4) if the defendant had a reasonableexcuse.

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

[368] Subregulation 92(1)

omit everything before paragraph (a),insert

(1)

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

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

omit

or

[370] After subregulation 92(3), including thepenalty

insert

(4)

An offence against subregulation(1) or (3) is anoffence of strict liability.

Note
For strict liability , see section 6.1 ofthe Criminal Code .

[371] Subregulation 92A(1)

omit everything beforeparagraph (a), insert

(1)

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

[372] Subregulation 92A(1)

omit

must not,except in an emergency,

insert

must not engage in conduct that causes theaircraft to

[373] Subregulation 92A(3)

omit

subregulation (4).

insert

subregulation (4) or (4A).

[374] Subregulation 92A(4)

omiteverything before paragraph (a), insert

(4)

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

[375] Paragraph92A(4) (a)

omit

and

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

insert

(4A)

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

(a)

theaerodrome meets the requirements of subregulation (5);

(b)

the aerodrome operator has arrangements in place to notify the aircraftoperator, or pilot in command, of occurrences referred to in subregulation89V(4).

Penalty:
10 penalty units.

[377] Subregulation 92A(5)

omit

subregulation (4),

insert

subregulations (4) and (4A),

[378] Aftersubregulation 92A(6)

(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 .

(8)

It is a defence to a prosecutionunder subregulation(1) if the landing or take-off occurred in anemergency.

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

[379] Subregulation 94(2)

substitute

(2)

An owner or person onwhom a notice is served under this regulation must comply with the directionscontained in the notice.

Penalty:
25 penalty units.

(2A)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

(2B)

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

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

[380] Subregulation 95(3)

substitute

(3)

A personis guilty of an offence if:

(a)

CASA serves on the person a notice underthis regulation; and

(b)

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

Penalty:
25 penalty units.

(3A)

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

(a)

to enter the place where the object is located; and

(b)

to carry out the directions contained in the notice.

(3B) An offence against subregulation(3) is an offence of strictliability.

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

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

insert

(6A)

Anoffence against subregulation(3) or (6) is an offence of strictliability.

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

[382] Subregulation 99AA(7), penalty

substitute

Penalty:
50 penaltyunits.

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

insert

(8)

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

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

[384] Subregulation 99A(5)

substitute

(5)

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

Penalty:
50 penalty units.

(6) An offence againstsubregulation(5) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

(7)

It is a defence to aprosecution under subregulation(5) if the defendant had a reasonableexcuse.

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

[385] Subregulation 100(1)

substitute

(1)

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

Penalty:
50penalty units.

[386] Subregulation 100(2)

omit everything beforeparagraph (a), insert

(2)

The pilot in command of an aircraft must not allowthe aircraft to:

[387] Subregulation 100(2)

omit

except

insert

ifthe movement or operation is not

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

insert

(2A)

Subregulation (2) does not apply if themovement or operation:

(a)

is authorised by:

(i)

air traffic control; or

(ii)

a notification in Aeronautical Information Publications or NOTAMS; or

(b)

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

[389] Subregulation 100(4)

substitute

(4)

An offence againstsubregulation(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)

If:

[391]Regulation 105

after the penalty, insert

(2)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[392] Regulation 120

substitute

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

(1)

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

(a)

the Director ofMeteorology; or

(b)

a person approved for the purpose by CASA.

Penalty:
5 penalty units.

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

Note
For strict liability , see section 6.1 ofthe Criminal Code .

[393] Subregulation 132(3)

omit everything beforeparagraph (a), insert

(3)

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

[394] After subregulation132(3), including the penalty

insert

(3A)

An offence againstsubregulation(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)

Subject to regulation 317 and regulation 21.197 of CASR, the pilot in commandof an Australian aircraft must not commence a flight if each of the followingrequirements 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

(3)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[400] Regulation 135

omiteverything before paragraph (a), insert

(1)

Subject to regulation 135A, thepilot in command of an aircraft possessing the nationality of a ContractingState must not allow the aircraft to fly within, or depart from, Australianterritory if the aircraft does not comply with the provisions of theseRegulations that are expressed to apply to such aircraft and the requirementsof the Convention in respect of:

[401] Regulation 135

after the penalty,insert

(2)

An offence against subregulation(1) is an offence of strictliability.

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

[402] After subregulation 135A(6), including the penalty

insert

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

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

[403]After subregulation 138(2), including the penalty

insert

(3)

Anoffence against subregulation(1) or (2) is an offence of strictliability.

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

[404] Subregulation 139(1)

omit everything before paragraph (a),insert

(1)

Subject to subregulation (2), the pilot in command of anaircraft, when flying, must carry on the aircraft:

[405] After subregulation139(3)

insert

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

Note
For strict liability , see section 6.1 ofthe Criminal Code .

(5)

It is a defence to a prosecution undersubregulation(1) if the flight was authorised by:

(a)

a permission tofly under regulation 317; or

(b)

a special flight permit issued under regulation 21.197 of CASR.

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

[406]Subregulation 140(5)

substitute

(4)

The pilot in command of anaircraft must not fly the aircraft over a prohibited area.

Penalty:
25penalty units.

(5)

The pilot in command of an aircraft must not fly theaircraft over a restricted area if the flight is not in accordance withconditions specified in the notice declaring the area to be a restricted area.

Penalty:
25 penalty units.

[407] Subregulation 140(6)

omit

subregulation (5), the pilot shall:

insert

subregulation (4) or (5), thepilot must:

[408] Paragraph 140(6)(a)

omit

area;

insert

area;and

[409] Paragraph 140(6)(b)

omit

as soon as possible

insert

when the aircraft reaches a position where it is not over the area,

[410]After subregulation 140(6), including the penalty

insert

(7)

Anoffence against subregulation(4), (5) or (6) is an offence of strictliability.

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

[411] Subregulation 141(2)

omit

except

insert

if the flying isnot

[412] After subregulation 141(2), including the penalty

insert

(3)

An offence against subregulation(2) is an offence of strictliability.

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

[413] Regulations 143 and 144

substitute

143 Carriage of firearms

(1)

Aperson, including a flight crew member, must not carry a firearm in, or have afirearm in his or her possession in, an aircraft other than an aircraftengaged in charter operations or regular public transport operations.

Penalty:
10 penalty units.

(2)

An offence against subregulation(1) isan offence of strict liability.

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

(3)

It is a defence to a prosecution undersubregulation(1) if the person had the written permission of CASA tohave the firearm in the aircraft.

Note
A defendant bears an evidentialburden in relation to the matter in subregulation (3) (see subsection13.3(3) of the Criminal Code ).

144 Discharge of firearms in or from anaircraft

(1)

A person, including a flight crew member, must not discharge afirearm while on board an aircraft.

Penalty:
50 penalty units.

(2)

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

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

(3)

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

(a)

the personhad the written permission of CASA to discharge the firearm while on board theaircraft; and

(b)

the firearm was discharged in accordance with the conditions (if any)specified in the permission.

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

[414]Subregulation 149(1)

omit

such aircraft except with the permission ofCASA and in accordance with CASA's directions.

insert

the aircraft.

[415]After subregulation 149(3)

insert

(4)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

(5)

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

(a)

the pilot in command hadthe written permission of CASA for the towing; and

(b)

the towing was done in accordance with the directions (if any) specifiedin the permission.

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

[416]After subregulation 150(1), including the penalty

insert

(1A)

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

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

[417]Regulations 151 and 152

substitute

151 Picking up of persons or objects
(1) The pilot in command of an aircraft in flight must not allow persons orobjects to be picked up by the aircraft.

Penalty:
25 penalty units.

(2)

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

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

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

(a)

CASA gaveprior written authority for the person or object to be picked up while theaircraft was in flight; and

(b)

the person or object was picked up in accordance with the conditions (ifany) specified in the authority.

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

152Parachute descents

(1)

A person must not make a parachute descent if thedescent is not:

(a)

authorised in writing by CASA; and

(b)

conducted in accordance with the written specifications of CASA.

Penalty:
25 penalty units.

(2)

An offence against subregulation(1) isan offence of strict liability.

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

(3)

It is a defence to a prosecution undersubregulation(1) if the parachute descent was a necessary emergencydescent.

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

[418] Regulation 153

omit everything before paragraph (a), insert

(1)

The pilot must not fly an aircraft under simulated instrument flyingconditions if each of the following requirements is not satisfied:

[419]Paragraph 153(a)

omit

and

[420] Regulation 153

after the penalty,insert

(2)

An offence against subregulation(1) is an offence of strictliability.

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

[421] Subregulation 155(1)

substitute

(1)

A pilot in command of anaircraft must not do any of the following:

(a)

fly the aircraft inacrobatic flight at night;

(b)

fly the aircraft in acrobatic flight that is not in V.M.C.;

(c)

fly the aircraft in a particular kind of acrobatic flight if thecertificate of airworthiness, or the flight manual, for the aircraft does notspecify that the aircraft may perform that kind of acrobatic flight.

Penalty:
25 penalty units.

[422] Subregulation 155(3)

omit everythingbefore paragraph (a), insert

(3)

A person must not engage in acrobaticflight in an aircraft:

[423] Subregulation 155(3), at the foot

insert

Penalty:
25 penalty units.

[424] After subregulation 155(4), includingthe penalty

insert

(5)

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

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

(6)

It is a defence to a prosecution under paragraph(3) (a) if CASA gave written permission for the acrobatic flight at thatheight.

(7) It is a defence to a prosecution under paragraph (3) (b) if CASAgave written permission for the acrobatic flight over that place.

Note
Adefendant bears an evidential burden in relation to the matters insubregulations (6) and (7) (see subsection 13.3(3) of the Criminal Code).

[425] Subregulation 156(1)

substitute

(1)

The pilot in command ofan aircraft must not fly the aircraft over a regatta, race meeting or publicgathering if:

(a)

the pilot does not have the written permission of CASAfor the flight; and

(b)

the flight is not in accordance with the conditions specified in thepermit.

Penalty:
10 penalty units.

(1A)

An offence against subregulation(1) isan offence of strict liability.

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

[426] Subregulation 157(1)

omit everythingbefore paragraph (a), insert

(1)

The pilot in command of an aircraft mustnot fly the aircraft over:

[427] After subregulation 157(1), includingthe penalty

insert

(2)

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

Note
For strict liability , see section 6.1 ofthe Criminal Code .

[428] Regulation 158

omit

When radio apparatus

insert

(1)

If radio apparatus

[429] Regulation 158

after the penalty, insert

(2)

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

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

[430]Regulation 159

omit

If a radio failure

insert

(1)

If a radio failure

[431] Regulation 159

after the penalty, insert

(2)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[432] Subregulation161(2)

omit

An aircraft that has the right of way shall

insert

Thepilot in command of an aircraft that has the right of way must

[433] Aftersubregulation 161(2), including the penalty

insert

(3)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[434] Subregulation162(9)

substitute

(9)

The pilot in command of an aircraft must giveway to another aircraft that is compelled to land.

Penalty:
25 penaltyunits.

(10)

The pilot in command of an aircraft must comply with the rulesin subregulations (1) to (8).

Penalty:
25 penalty units.

(11)

An offenceagainst subregulation(10) is an offence of strict liability.

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[435] Regulation163

substitute

163 Operating near other aircraft

(1)

The pilot in commandof an aircraft must not fly the aircraft so close to another aircraft as tocreate a collision hazard.

Penalty:
50 penalty units.

(2)

The pilot incommand of an aircraft must not operate the aircraft on the ground in such amanner as to create a hazard to itself or to another aircraft.

Penalty:
50penalty units.

(3)

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

Note
For strict liability , see section 6.1 ofthe Criminal Code .

[436] Subregulation 163AA(1)

omit everythingbefore paragraph (a), insert

(1)

A pilot must not fly an aircraft information if each of the following requirements is not satisfied:

[437]Paragraphs 163AA(1)(a) and (b)

omit

and

[438] Aftersubregulation 163AA(1), including the penalty

insert

(1A)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[439] Paragraph166(1)(a)

omit

for the purpose of avoiding

insert

to avoid

[440] Paragraph 166(1)(d)

omit

unless:

insert

if neither ofthe following applies:

[441] Subparagraph 166(1)(d)(i)

omit

or

[442] Paragraph 166(1)(e)

omit

unless air trafficcontrol directs

insert

if air traffic control does not direct

[443]Paragraph 166(1)(g)

substitute

(g)

after take-off, not alterheading from the take-off heading at a height less than 500 feet above theterrain, if the alteration was not:

(i)

directed by air traffic control; or

(ii)

necessary due to the terrain.

[444] Subregulation 166(1), at the foot

insert

Penalty:
25 penaltyunits.

[445] Subregulation 166(3), at the foot

insert

Penalty:
25penalty units.

[446] After subregulation 166(3)

insert

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

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

[447]Regulation 167

omit

Where aerodrome control

insert

(1)

If aerodromecontrol

[448] Regulation 167, at the foot

insert

Penalty:
25 penaltyunits.

[449] Regulation 167

insert

(2)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[450] Subregulation168(1)

omit everything before paragraph (a), insert

(1)

Subject tothis regulation, at aerodromes where the operation of aircraft is notrestricted to prepared runways, the pilot in command of an aircraft must, asfar as possible, observe the following rules when landing and taking off:

[451] Subregulation 168(1), at the foot

insert

Penalty:
25 penaltyunits.

[452] After subregulation 168(1)

insert

(1A)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[453]Subregulations 169(1), (2) and (3)

substitute

(1)

The pilot incommand of an aircraft in flight, or in the process of manoeuvring near thesurface of the water, must, as far as possible:

(a)

keep clear of allvessels; and

(b)

not impede their navigation.

Penalty:
25 penalty units.

(2)

Subject to this regulation, the pilot incommand of an aircraft on the water must comply with the InternationalRegulations for Preventing Collisions at Sea as set out in Schedule 3 to theNavigation Act 1912 .

Penalty:
25 penalty units.

(3)

In conforming withthe International Regulations for Preventing Collisions at Sea, the pilot incommand of an aircraft must give due regard to the fact that in narrowchannels stem vessels cannot manoeuvre to avoid collision, and must, as far aspossible:

(a)

keep clear of such vessels; and

(b)

not impede their navigation.

Penalty:
25 penalty units.

[454] Subregulation 169(4)

omit

aircraftshall

insert

the pilot in command of an aircraft must

[455] Subregulation169(4), at the foot

insert

Penalty:
25 penalty units.

[456] Paragraph169(5)(a)

substitute

(a)

the pilot in command of an aircraftmust not take off or alight if the alighting area:

(i)

has not been swept; or

(ii)

is not clear of floating debris dangerous to the navigation of theaircraft;

[457] Subregulation 169(5), at the foot

insert

Penalty:
25 penaltyunits.

[458] After subregulation 169(5)

insert

(5A)

Paragraph(5)(a) does not apply in an emergency to an aircraft landing in thesafest part of the alighting area without delay.

(5B)

An offence against subregulation(1), (2), (3), (4) or (5) is anoffence of strict liability.

Note
For strict liability , see section 6.1 ofthe Criminal Code .

[459] Regulation 169A

omit

[460] After subregulation171(2), including the penalty

insert

(3)

An offence againstsubregulation(2) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[461] Subregulation172(1)

substitute

(1)

The pilot in command of an aircraft must notconduct a V.F.R. flight at a height of, or less than, 2000 feet aboveground or water if:

(a)

the pilot is not able to navigate by reference tothe ground or water; and

(b)

CASA has not directed that the flight may be conducted at a height of2000 feet or less.

Penalty:
50 penalty units.

[462] Subregulation 172(2)

omit

unless:

insert

if:

[463] Paragraphs 172(2)(a) and (b)

before

equal

insert

not

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

insert

(2AA)

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

Note
For strict liability , see section 6.1 of theCriminal Code .

[465] Subregulation 173(3)

substitute

(3)

The pilotin command of an aircraft must not conduct a V.F.R. flight at a height aboveflight level 200 if the pilot does not have CASA's approval to conduct theflight at a height above that level.

Penalty:
25 penalty units.

(4)

Anoffence against subregulation(1), (2) or (3) is an offence of strictliability.

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

[466] Subregulation 174A(1A)

omit everything before paragraph (a),insert

(1A)

Subject to subregulation (3), the pilot in command of anaircraft must not fly the aircraft under the V.F.R. if the aircraft is notequipped with:

[467] Subregulation 174A(2)

omit everything beforeparagraph (a), insert

(2)

Subject to subregulation (4), the pilot in commandof an aircraft must not fly the aircraft under the V.F.R. at night if, inaddition to the equipment referred to in subregulation (1A), it is not alsoequipped with:

[468] Subregulation 174A(5)

substitute

(5)

The pilotin command of an aircraft must not fly the aircraft in contravention of acondition of a permission given under this regulation.

Penalty:
25 penaltyunits.

(6)

An offence against subregulation(1A), (2) or (5) is anoffence of strict liability.

Note
For strict liability , see section 6.1 ofthe Criminal Code .

[469] Subregulation 174B(1)

substitute

(1)

Thepilot in command of an aircraft must not fly the aircraft at night under theV.F.R. at a height of less than 1000 feet above the highest obstaclelocated within 10 miles of the aircraft in flight if it is not necessary fortake-off or landing.

Penalty:
25 penalty units.

[470] Subregulation174B(2)

omit everything before paragraph (a), insert

(2)

The pilot incommand of a single engine aircraft must not fly the aircraft at night underthe V.F.R. if the flight is not in one of the following operations:

[471]After subregulation 174B(2), including the penalty

insert

(3)

Anoffence against subregulation(1) or (2) is an offence of strictliability.

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

(4) It is a defence to a prosecution under subregulation(1) if CASAgave permission for the flight.

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

[472] After subregulation 174C(3)

(4)

Anoffence against subregulation(1), (1C) or (2A) is an offence of strictliability.

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

[473] Subregulation 174D(2)

omit everything before paragraph (a),insert

(2)

Subject to subregulation (4), the pilot in command of an aircraftmust not fly the aircraft under the V.F.R. if it is not equipped:

[474]After subregulation 174D(2), including the penalty

insert

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

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

[475]After subregulation 175(3)

insert

(4)

An offence againstsubregulation(2) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[476] Subregulation175A(1)

omit everything before paragraph (a), insert

(1)

The pilot incommand of a single engine aircraft must not fly the aircraft under the I.F.R.if the flight is not in one of the following operations:

[477] Aftersubregulation 175A(4)

insert

(5)

An offence againstsubregulation(1) or (3) is an offence of strict liability.

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[478] Subregulation176(2A)

omit

not, without reasonable excuse,

insert

not

[479] Aftersubregulation 176(2A), including the penalty

insert

(3)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

(4)

It is adefence to a prosecution under subregulation(2A) if the defendant had areasonable excuse.

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

[480] Subregulation 177(5)

substitute

(5)

The pilotin command of an aircraft to which subregulation (3) or (4) applies must notfly the aircraft in contravention of a condition specified in the permission.

Penalty:
25 penalty units.

(6)

An offence against subregulation(5) isan offence of strict liability.

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

[481] Regulation 179

omit

Unless otherwiseauthorised by air traffic control, the

insert

(1)

The

[482] Regulation179

after the penalty, insert

(2)

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

Note
For strict liability , see section6.1 of the Criminal Code .

(3)

It is a defence to a prosecution undersubregulation(1) if air traffic control authorised the pilot not tofollow the instrument approach procedures for the aerodrome.

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

[483]Subregulation 179A(2)

omit everything before paragraph (a), insert

(2)

Subject to subregulation (4), the pilot in command of an aircraft must notfly the aircraft under the I.F.R. if it is not equipped:

[484] Aftersubregulation 179A(2), including the penalty

insert

(2A)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[485] Regulation180

omit everything before paragraph (a), insert

(1)

The pilot in commandof an aircraft being flown under the I.F.R. must fly the aircraft:

[486]Regulation 180

after the penalty, insert

(2)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[487] Regulation 181

omit

Where an aircraft

insert

(1)

If an aircraft

[488] Regulation 181

afterthe penalty, insert

(2)

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

Note
For strict liability , see section 6.1 ofthe Criminal Code .

[489] Regulation 182

substitute

182 Use of prescribedsignals
(1) A person must not use a signal prescribed in this Part for a purpose thatis not the purpose prescribed in this Part for that signal.

Penalty:
25penalty units.

(2)

A person must not use a signal that is:

(a)

notprescribed in this Part; and

(b)

likely to be confused with a signal prescribed in this Part.

Penalty:
25 penalty units.

(3)

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

Note
For strict liability , seesection 6.1 of the Criminal Code .

[490] Regulation 183

omit

The pilot

insert

(1)

The pilot

[491] Regulation 183

after the penalty, insert

(2)

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

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

[492]Regulation 195

substitute

195 Compliance with rules about lights

(1)

Atnight and in conditions of poor visibility, the operator and the pilot incommand of an aircraft must comply with the rules in this Part requiringlights to be displayed in relation to the aircraft.

Penalty:
25 penaltyunits.

(2)

At night and in conditions of poor visibility, the operator andthe pilot in command of an aircraft must not allow to be displayed otherlights that are likely to be mistaken for the lights required to be displayedunder this Part.

Penalty:
25 penalty units.

(3)

The operator and the pilotin command of an aircraft must ensure that the lights displayed are notdazzling.

Penalty:
25 penalty units.

(4)

If a light, which the rules ofthis Part require to be displayed by an aircraft in flight, fails and thelight cannot be repaired immediately, the pilot in command of the aircraftmust:

(a)

notify air traffic control immediately; or

(b)

if this is not possible, land the aircraft as soon as it can be landedwithout danger.

Penalty:
25 penalty units.

(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 .

[493] Before subregulation196(1)

insert

(1A)

The operator and the pilot in command of anaeroplane in flight, or operating on the manoeuvring area of a land aerodrome,must ensure that the lights required by this regulation to be displayed on theaeroplane are so displayed.

Penalty:
25 penalty units.

[494] Subregulation196(7)

substitute

(7)

A person may park an aircraft on, or adjacentto, the movement area of an aerodrome used or available for use in nightflying operations only if:

(a)

the aircraft is clearly illuminated orlighted; or

(b)

the area that it occupies is marked by obstruction lights.

Penalty:
25 penalty units.

(8)

An offence against subregulation(1A) or(7) is an offence of strict liability.

Note
For strict liability , seesection 6.1 of the Criminal Code .

(9)

It is a defence to a prosecutionunder subregulation(1A) if CASA directed lighting otherwise than asrequired by this regulation and the defendant used that lighting.

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

[495]Before subregulation 197(1)

insert

(1A)

The pilot in command of anaeroplane on the surface of the water must display lights on the aeroplane inaccordance with this regulation.

Penalty:
25 penalty units.

[496]Subregulation 197(4)

omit everything before paragraph (a), insert

(4)

The pilot in command of an aeroplane on the surface of the water must ensurethat, when the aeroplane is no longer under command, it displays:

[497]Subregulation 197(4), at the foot

insert

Penalty:
25 penalty units.

[498] After subregulation 197(4)

insert

(5)

An offence againstsubregulation(1A) or (4) is an offence of strict liability.

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[499] Regulation198

omit everything before paragraph (a), insert

(1)

A person who anchorsor moors an aeroplane on the surface of the water must ensure that theaeroplane displays:

[500] Regulation 198, at the foot

insert

Penalty:
25penalty units.

[501] Regulation 198

insert

(2)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[502] Regulations 199 and200

substitute

199 Aeroplanes aground on the surface of the water

(1)

Thepilot in command of an aeroplane must not allow the aeroplane to be on thesurface of the water and aground if the aeroplane is not displaying:

(a)

the appropriate lights specified in regulation 198; and

(b)

2 steady red lights in a vertical red line not less than 1metreapart, placed so as to be visible all round the horizon.

Penalty:
25 penalty units.

(2)

An offence against subregulation(1) isan offence of strict liability.

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

200 Gliders

(1)

In all circ*mstances in which therules of this Division require an aeroplane to display lights, a person whoflies or operates a glider must ensure that the glider displays a red lightvisible, as far as practicable, in all directions.

Penalty:
25 penaltyunits.

(2)

An offence against subregulation(1) is an offence of strictliability.

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

[503] Regulation 203

substitute

203 Airships

(1)

CASA may givedirections in writing specifying the lights that must be displayed in relationto an airship.

(2)

If CASA gives a direction under subregulation (1) to aperson, the person must comply with the direction.

Penalty:
25 penaltyunits.

(3)

An offence against subregulation(2) is an offence of strictliability.

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

[504] Regulation 205A

omit

[505] Subregulations 207(1) and (2)

substitute

(1)

A person must not use an Australian aircraft in a class ofoperation if CASA has not authorised and approved the particular type ofaircraft for that use.

Penalty:
50 penalty units.

(2)

A person must notuse an Australian aircraft in a class of operation if the aircraft is not:

(a)

fitted with instruments; and

(b)

fitted with, or carrying, equipment, including emergency equipment;

that CASA has approved and directed.

Penalty:
50 penalty units.

[506]Subregulation 207(3)

omit

the instrument or item of equipment shall befitted, carried or used

insert

a person must fit, carry or use theinstrument or item of equipment on the aircraft only

[507] Aftersubregulation 207(4)

insert

(5)

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

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

[508]Regulation 208

omit

The minimum operating crew of an Australian aircraftshall not be

insert

(1)

The operator of an Australian aircraft must ensurethat the minimum operating crew of the aircraft is not

[509] Regulation 208

omit

shall be

insert

that it is

[510] Regulation 208

after the penalty,insert

(2)

An offence against subregulation(1) is an offence of strictliability.

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

[511] Regulation 209

omit

Aircraft

insert

(1)

The operator and thepilot in command of an aircraft

[512] Regulation 209

after the penalty,insert

(2)

An offence against subregulation(1) is an offence of strictliability.

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

[513] Regulation 210

omit

A person shall not give any

insert

(1)

Aperson must not give a

[514] Regulation 210

omit

unless the last-mentionedperson has

insert

if the last-mentioned person has not

[515] Regulation 210

after the penalty, insert

(2)

An offence against subregulation(1) isan offence of strict liability.

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

[516] Regulation 213

omit

An operator shall

insert

(1)

An operator must

[517] Regulation 213

after the penalty, insert

(2)

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

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

[518]Regulation 214

omit

An operator shall

insert

(1)

An operator must

[519]Regulation 214

after the penalty, insert

(2)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[520] Subregulation215(2)

omit

An operations manual shall contain

insert

The operatormust ensure that the operations manual contains

[521] Subregulation215(3A)

omit

not, without reasonable excuse,

insert

not

[522] Aftersubregulation 215(10)

insert

(11)

An offence againstsubregulation(1), (2), (3A), (5), (6), (7), (8) or (9) is an offence ofstrict liability.

Note
For strict liability , see section 6.1 of theCriminal Code .

(12)

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

Note
Adefendant bears an evidential burden in relation to the matter insubregulation (12) (see subsection 13.3(3) of the Criminal Code ).

[523] Regulation 216

omit

An operator shall

insert

(1)

An operator must

[524] Regulation 216

after the penalty, insert

(2)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[525] Subregulation217(2)

omit

The training and checking organisation shall include

insert

The operator must ensure that the training and checking organisationincludes

[526] After subregulation 217(2), including the penalty

insert

(2A)

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

Note
For strict liability , see section 6.1 of theCriminal Code .

[527] Subregulation 218(1)

omit everything beforeparagraph (a), insert

(1)

A pilot is qualified to act in the capacity ofpilot in command of an aircraft engaged in a regular public transport serviceif the pilot is qualified for the particular route to be flown in accordancewith the following requirements:

[528] Subregulation 218(1), penalty

omit

[529] After subregulation 218(1)

insert

(1A)

A pilot must notact in the capacity of pilot in command of an aircraft engaged in a regularpublic transport service if the pilot is not qualified in accordance withsubregulation(1).

Penalty:
50 penalty units.

(1B)

An operator mustnot permit a pilot to act in the capacity of pilot in command of an aircraftengaged in a regular public transport service if the pilot is not qualified inaccordance with subregulation(1).

Penalty:
50 penalty units.

[530]Subregulation 218(4), penalty

substitute

Penalty:
50 penalty units.

[531] After subregulation 218(4), including the penalty

insert

(5)

Anoffence against subregulation(1A), (1B), (3) or (4) is an offence ofstrict liability.

Note
For strict liability , see section 6.1 of theCriminal Code .

[532] Regulation 219

omit everything before paragraph (a),insert

(1)

A pilot is qualified to act in the capacity of pilot in commandof an aircraft employed in charter operations if the pilot is qualified forthe particular route to be flown in accordance with the followingrequirements:

[533] Paragraph 219(a)

omit

flown; and

insert

flown;

[534] Regulation 219, penalty

omit

[535] Regulation 219

insert

(2) A pilotmust not act in the capacity of pilot in command of an aircraft employed incharter operations if the pilot is not qualified in accordance withsubregulation(1).

Penalty:
50 penalty units.

(3)

An operator must notpermit a pilot to act in the capacity of pilot in command of an aircraftemployed in charter operations if the pilot is not qualified in accordancewith subregulation(1).

Penalty:
50 penalty units.

(4)

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

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

[536]Subregulation 220(2), penalty

substitute

Penalty:
25 penalty units.

[537] After subregulation 220(2), including the penalty

insert

(3)

Anoffence against subregulation(1) or (2) is an offence of strictliability.

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

[538] Regulation 221

omit

An operator shall

insert

(1)

An operatormust

[539] Regulation 221

after the penalty, insert

(2)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[540] Subregulation222(4)

substitute

(4)

The operator must not allow an aircraft that isrequired to undergo proving tests to be used to carry passengers on a publictransport service, if the proving tests have not been passed in accordancewith the requirements of CASA.

Penalty:
50 penalty units.

(5)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[541] Regulation223

omit

An operator of

insert

(1)

An operator of

[542] Regulation 223

after the penalty, insert

(2)

An offence against subregulation(1) isan offence of strict liability.

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

[543] After subregulation 224(1), including thepenalty

insert

(1A)

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

Note
For strict liability , see section 6.1 of theCriminal Code .

[544] Subregulation 225(1), at the foot

insert

Penalty:
50 penalty units.

[545] After subregulation 225(2), includingthe penalty

insert

(3)

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

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

[546] Subregulation 226(1)

substitute

(1)

During flight, a person may occupy a control seat of an aircraft equipped withfully or partially functioning dual controls only if:

(a)

the person holdsan appropriate pilot licence for the type of aircraft and the class ofoperations in which the aircraft is flown; or

(b)

the person is a student pilot assigned for instruction in the aircraft; or

(c)

the person is authorised by CASA.

Penalty:
25 penalty units.

[547] After subregulation 226(3), includingthe penalty

insert

(4)

An offence against subregulation(1) or (3) isan offence of strict liability.

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

[548] Subregulations 227(1) and (2)

substitute

(1)

A person may enter the crew compartment of an aircraft during flight onlyif:

(a)

the person is a member of the operating crew of the aircraft; or

(b)

the person is permitted by the pilot in command to enter that compartment.

Penalty:
50 penalty units.

(1A)

A member of the operating crew of anaircraft may permit a person to enter, or remain in, the crew compartment ofan aircraft during flight only if:

(a)

the person is a member of theoperating crew of the aircraft; or

(b)

the person is permitted by the pilot in command to enter that compartment.

Penalty:
50 penalty units.

(2)

A person may occupy the pilot seat or otheroperating crew position in an aircraft, only if:

(a)

the person is a memberof the operating crew who is duly assigned for duty in the aircraft and islicensed for the duties associated with that seat or position; or

(b)

the person is authorised to enter the crew compartment to conductexaminations, inspections or checks of the aircraft, its equipment, a memberof the operating crew or the ground organisation provided for use by aircraft.

Penalty:
50 penalty units.

[549] Subregulation 227(3)

omit

unless thepilot in command is of opinion

insert

if the pilot in command is not of theopinion

[550] After subregulation 227(4), including the penalty

insert

(4A)

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

Note
For strict liability , see section 6.1 ofthe Criminal Code .

[551] Regulation 228

omit everything before paragraph(a), insert

(1)

A person must not manipulate the controls of an aircraft inflight if the person is not either:

[552] Regulation 228

after the penalty,insert

(2)

An offence against subregulation(1) is an offence of strictliability.

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

[553] Regulation 229

omit

An aircraft shall not be taxied anywhere on anaerodrome by a person other than

insert

(1)

A person must not taxi anaircraft anywhere on an aerodrome if the person is not either

[554]Regulation 229

after the penalty, insert

(2)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[555] Subregulation230(1)

omit

except as

insert

if it is not

[556] After subregulation230(1), including the penalty

insert

(1A)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[557] Subregulation231(2)

omit

unless the first-mentioned person is

insert

if theregistration holder, operator or pilot in command is not

[558] Subregulation231(2), penalty

substitute

Penalty:
25 penalty units.

[559] Aftersubregulation 231(2), including the penalty

insert

(3)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[560] Subregulation232(2), penalty

omit

[561] Subregulation 232(5)

substitute

(5)

The operator of an aircraft must not allow the aircraft to be flown if thefollowing requirements have not been satisfied:

(a)

the flight check systemhas been approved by CASA;

(b)

if CASA has required the system to be revised— the system hasbeen revised in the manner specified by CASA.

Penalty:
25 penalty units.

(6) An offence against subregulation(1),(3), (4) or (5) is an offence of strict liability.

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

[562] Subregulation 233(1)

omit everything before paragraph (a), insert

(1)

The pilot in command of anaircraft must not commence a flight if he or she has not received evidence,and taken such action as is necessary to ensure, that:

[563] Subregulations233(2) and (3)

substitute

(2) The pilot in command of an aircraftengaged in international air navigation must not commence a flight if thepilot has not completed an approved flight preparation form certifying thatthe pilot is satisfied of the matters specified in subregulation(1).

Penalty:
5 penalty units.

(3)

An operator must keep a completed flightpreparation form for a period of 6 months.

Penalty:
5 penalty units.

(4)

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

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

[564] Subregulation 234(1)

omit

unless he or she has

insert

if heor she has not

[565] Subregulation 234(2)

omit

unless the aircraft is

insert

if the aircraft is not

[566] After subregulation 234(3)

insert

(4) An offence against subregulation(1) or (2) is an offence of strictliability.

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

[567] Subregulation 235(4)

omit

An aircraft shall not take off, orattempt to take off,

insert

The pilot in command of an aircraft must notallow the aircraft to take off

[568] Subregulation 235(5)

omit

Anaircraft shall not take off, or attempt to take off,

insert

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

[569]Subregulation 235(6)

omit

Except in an emergency, an aircraft shallnot land

insert

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

[570] Subregulation 235(8)

substitute

(8)

The pilot incommand of an aircraft must not allow the aircraft to take off or land if adirection given under this regulation, about the loading of the aircraft hasnot been complied with.

Penalty:
50 penalty units.

[571] Aftersubregulation 235(11)

insert

(12)

An offence againstsubregulation(2A), (4), (5), (6), (7A), (8) or

(9)

is an offence ofstrict liability.

Note
For strict liability , see section 6.1 of theCriminal Code .

(13)

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

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

[572] Subregulation 235A(2)

omit

An aeroplane

insert

The pilot incommand of an aeroplane

[573] Subregulation 235A(7)

substitute

(7)

The pilot in command of an aeroplane to which an exemption applies must notallow the aeroplane to land at, or take off from a runway if the landing ortake-off results in the breach of a condition mentioned in subregulation (5).

Penalty:
50 penalty units.

(7A)

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

Note
For strict liability , seesection 6.1 of the Criminal Code .

[574] Regulation 238

substitute

238Icing conditions

(1)

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

Penalty:
25 penalty units.

(2)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[575] After subregulation239(2), including the penalty

insert

(3)

An offence againstsubregulation(2) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[576] Subregulation241(2)

substitute

(2)

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

Penalty:
5 penaltyunits.

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

insert

(5)

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

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

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

insert

Penalty:
25 penaltyunits.

[579] Subregulation 242(2)

omit

the aircraft shall not beflown

insert

the pilot in command must not fly the aircraft

[580] Aftersubregulation 242(2), including the penalty

insert

(3)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[581] Subregulation243(1), at the foot

insert

Penalty:
25 penalty units.

[582] Aftersubregulation 243(2), including the penalty

insert

(3)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[583] Subregulation244(1), at the foot

insert

Penalty:
50 penalty units.

[584] Aftersubregulation 244(3), including the penalty

insert

(4)

An offenceagainst subregulation (1) or (3) is an offence of strict liability.

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[585] Subregulation245(3), penalty

substitute

Penalty:
50 penalty units.

[586] Aftersubregulation 245(3), including the penalty

insert

(4)

An offenceagainst 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)

Immediately before

[588] Regulation 246

after the penalty, insert

(2)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[589] Subregulation247(1), at the foot

insert

Penalty:
5 penalty units.

[590] Aftersubregulation 247(2), including the penalty

insert

(3)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[591] Aftersubregulation 248(1), including the penalty

insert

(1A)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[592] Subregulation249(1)

omit everything before paragraph (a), insert

(1)

The pilot incommand of an aircraft that carries a passenger must not engage in any of thefollowing types of flying:

[593] After subregulation 249(1), includingthe penalty

insert

(2)

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

Note
For strict liability , see section 6.1 ofthe Criminal Code .

[594] Subregulation 250(1)

substitute

(1)

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

(a)

thewings or undercarriage of the aircraft; or

(b)

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

(c)

anything attached to the aircraft.

Penalty:
50 penalty units.

(1A)

The pilot in command of an aircraft must notpermit a person to be carried on:

(a)

the wings or undercarriage of theaircraft; or

(b)

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

(c)

anything attached to the aircraft.

Penalty:
50 penalty units.

(1B)

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

(a)

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

(b)

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

[595] Subregulation 250(4), penalty

substitute

Penalty:
50 penaltyunits.

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

insert

(5)

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

Note
For strict liability , see section 6.1 of theCriminal Code .

(6)

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

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

[597] Paragraph 251(1)(c)

omit

unless CASAotherwise directs—

[598] After subregulation 251(7)

insert

(8)

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

Note
For strict liability , see section 6.1 of theCriminal Code .

(9)

It is a defence to a prosecution underparagraph(1)(c) if CASA directed that seat belts need not be wornin that circ*mstance.

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

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

insert

(1B)

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

Note
For strict liability , see section 6.1 ofthe Criminal Code .

[600] Subregulation 252A(1)

omit everything beforeparagraph (a), insert

(1)

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

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

omit

it

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

insert

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

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

[603] After subregulation 253(6A), including the penalty

insert

(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

(4)

Anoffence against subregulation(2) or (3) is an offence of strictliability.

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

[606] Subregulation 255(3)

omit

shall, except where the permissionof CASA has been

insert

must, if the permission of CASA has not been

[607]After subregulation 255(3), including the penalty

insert

(3A)

Anoffence against subregulation(1), (1A), (2) or (3) is an offence ofstrict liability.

Note
For strict liability , see section 6.1 of theCriminal Code .

[608] Subregulation 256(2)

omit

for the purpose of soacting,

insert

to act as a member of the operating crew,

[609] Aftersubregulation 256(7), including the penalty

insert

(8)

An offenceagainst subregulation(1), (2), (3), (4), (5), (6) or (7) is an offenceof strict liability.

Note
For strict liability , see section 6.1 of theCriminal Code .

[610] Regulation 256AA

omit

A person

insert

(1)

A person

[611] Regulation 256AA

after the penalty, insert

(2)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[612] Subregulation256A(1)

omit

must not permit a live animal to be in the aircraftunless:

insert

may permit a live animal to be in the aircraft only if:

[613] After subregulation 256A(1), including the penalty

insert

(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

(4A)

Anoffence against subregulation(3) or (4) is an offence of strictliability.

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

[615] Regulation 258

omit

An aircraft shall

insert

(1)

The pilot incommand 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

(2)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

(3)

It is a defence to aprosecution under subregulation (1) if the flight was:

(a)

in accordancewith directions issued by CASA; or

(b)

in the course of departing from or landing at an aerodrome in accordancewith a normal navigational procedure for departing from or landing at thataerodrome.

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

[619]Subregulation 259(1)

omit

A free balloon shall not be flown exceptwith

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 penaltyunits.

[621] After subregulation 259(1)

insert

(1A)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[622] Subregulation259(2), penalty

omit

[623] Regulation 260

substitute

260 Mannedfixed balloons and kites

(1)

Despite regulation 157, a person may fly afixed balloon or kite at a height not exceeding 300 feet.

(2)

A person mustnot fly a fixed balloon or kite within 4000metres of an aerodromeor at a height of more than 300feet if the following requirements arenot satisfied:

(a)

the person has CASA's permission to fly the balloon orkite at that height;

(b)

the flight is in accordance with the terms of that permission.

Penalty:
10 penalty units.

(3)

A person flying a fixed balloon or kite mustfly it in V.M.C.

Penalty:
10 penalty units.

(4)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

(5)

Thisregulation does not apply to an unmanned fixed balloon or kite to which Part101 of CASR applies.

[624] After subregulation 262(2), including thepenalty

insert

(2A)

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

Note
For strict liability , see section 6.1 of theCriminal Code .

[625] Subregulation 262AC(1)

substitute

(1)

After 31December 1999, the pilot in command of an Australian aircraft that is aturbine-powered commercial aeroplane must not begin a flight if the aircraftis not fitted with an approved TCAS II that is serviceable.

Penalty:
25penalty units.

(1A)

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

Note
For strict liability , see section 6.1 of theCriminal Code .

[626] Regulation 262AD

omit

The pilot

insert

(1)

Thepilot

[627] Regulation 262AD

after the penalty, insert

(2)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[628] Aftersubregulation 262AE(2), including the penalty

insert

(3)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[629] Regulation262AF

omit

Before beginning

insert

(1)

Before beginning

[630]Regulation 262AF

after the penalty, insert

(2)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[631] Subregulation262AG(2)

substitute

(1) After 31 December 1999, the pilot in commandof a foreign aircraft that is a turbine-powered commercial aeroplane must notbegin a flight in Australian territory if the aircraft is not fitted with anapproved TCAS II that is serviceable.

Penalty:
25 penalty units.

(2)

Anoffence 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)

The pilot

[634]Regulation 262AH

after the penalty, insert

(2)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[635] After subregulation262AI(2), including the penalty

insert

(3)

An offence againstsubregulation(2) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[636] Regulation 262AJ

omit

Before beginning

insert

(1)

Before beginning

[637] Regulation 262AJ

after the penalty, insert

(2)

An offence against subregulation(1) isan offence of strict liability.

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

[638] Subregulation 262AL(1)

omit

must notoperate a restricted category aircraft except:

insert

may operate arestricted 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

(5)

The operator and thepilot in command of a restricted category aircraft must not permit a person tobe carried on the aircraft if the person is not a person mentioned insubregulation (6).

Penalty:
50 penalty units.

(6)

Subregulation (5) doesnot apply to the following:

(a)

a flight crew member;

(b)

a flight crew member under training;

(c)

a person who performs an essential function in a special purpose operationfor which the aircraft is type certificated;

(d)

a person who is needed to accomplish the work activity directly associatedwith 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

(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

mayoperate a limited category aircraft only in:

[645] Paragraph262AM(1)(a)

omit the first mention of

in

[646] Paragraph262AM(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] Subparagraph262AM(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 theaircraft is not

[652] Subregulation 262AM(13)

omit

unless the personis

insert

if the person is not

[653] After subregulation 262AM(14)

insert

(15)

An offence against subregulation(1), (3), (4), (7), (8),(10), (12) or (13) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[654] Subregulation262AN(3)

substitute

(3) A person must operate a limited categoryaircraft only in accordance with a manual produced by an organisation approvedunder subregulation (1).

Penalty:
50 penalty units.

(4)

Subregulation (3)does not apply if the person has CASA's approval to operate other than inaccordance with a manual produced by an organisation approved undersubregulation (1).

(5)

An offence against subregulation(3) is an offence of strictliability.

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

[655] Subregulation 262AO(1)

omit

unless the person is

insert

ifthe person is not

[656] Subregulation 262AO(2)

omit

except

insert

if the operation is not

[657] Subregulation 262AO(4)

omit

must notoperate a provisionally certificated aircraft except:

insert

may operate aprovisionally certificated aircraft only if:

[658] After subregulation262AO(11), including the penalty

insert

(12)

An offence againstsubregulation(1), (2), (3), (4), (6), (7), (8), (9), (10) or (11) is anoffence of strict liability.

Note
For strict liability , see section 6.1 ofthe Criminal Code .

[659] Subregulation 262AP(1)

substitute

(1)

Aperson must not operate an aircraft for which a special certificate ofairworthiness is in force under regulation 21.195A of CASR, if the operationis not one of the following kinds:

(a)

an operation for a purpose for whichthe certificate is issued;

(b)

an operation permitted by subregulation (2).

Penalty:
50 penalty units.

[660] Subregulation 262AP(4)

omit

townunless authorised under subregulation(5).

insert

town.

[661]Subregulation 262AP(6)

omit

day, unless otherwise authorised by CASAor 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] Subparagraph262AP(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 subregulation262AP(12), including the penalty

insert

(13) An offence againstsubregulation(1), (3), (4), (6), (7), (8), (11) or (12) is an offence ofstrict liability.

Note
For strict liability , see section 6.1 of the CriminalCode .

(14)

It is a defence to a prosecution under subregulation(4) ifthe operation was authorised under subregulation(5).

(15)

It is a defence to a prosecution under subregulation(6) if theperson was authorised by CASA or an authorised person to operate other thanunder V.F.R. or by day.

Note
A defendant bears an evidential burden inrelation to the matters in subregulations (14) and (15) (see subsection13.3(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] Subregulation262AQ(3)

omit

unless:

insert

only if:

[671] After subregulation262AQ(3), including the penalty

insert

(4)

An offence againstsubregulation(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 theperson 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

(4)

Anoffence against subregulation(1), (2) or (3) is an offence of strictliability.

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

[676] Regulation 262AS

substitute

262AS Where aircraft may be flighttested

(1)

A person may flight test an aircraft only:

(a)

over open wateror a sparsely populated area; and

(b)

where there is no more than light air traffic.

Penalty:
50 penalty units.

(2)

An offence against subregulation(1) isan offence of strict liability.

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

[677] Subregulation 262TA(3)

omit

unless theperson has

insert

if the person has not

[678] After subregulation262TA(3), including the penalty

insert

(4)

An offence againstsubregulation(3) is an offence of strict liability.

Note
For strictliability , 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 orshe is not

[682] Subregulation 282(4), penalty

substitute

Penalty:
25penalty units.

[683] After subregulation 282(4), including the penalty

insert

(5)

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

Note
For strict liabilitysee section 6.1 of the Criminal Code .

[684] Regulation 283

omit

[685]Regulation 286

omit

A person shall

insert

(1)

A person must

[686]Regulation 286

after the penalty, insert

(2)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[687] After subregulation288(2), including the penalty

insert

(3)

An offence againstsubregulation(2) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[688] After subregulation289(2), including the penalty

insert

(2A)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[689] Regulation291

substitute

291 Stationary aircraft within precincts of an aerodrome

(1)

A person may leave a stationary aircraft standing within the precincts ofan aerodrome at which air traffic control is in operation, only if:

(a)

theaircraft is standing in an area that is designated to be an area for theparking of aircraft of a kind to which that aircraft belongs; or

(b)

air traffic control has given permission for the aircraft to be leftstanding in that area.

Penalty:
5 penalty units.

(2)

An offence against subregulation(1) isan offence of strict liability.

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

[690] After subregulation 292(1), including thepenalty

insert

(1A)

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

Note
For strict liability , see section 6.1 of theCriminal Code .

[691] Subregulation 294(1)

omit

shall not, withoutlawful authority or excuse:

insert

must not:

[692] After subregulation294(1), including the penalty

insert

(1A)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[693] Subregulation298B(1)

omit

Unless CASA approves,

insert

Without the approval ofCASA,

[694] Paragraph 298B(1)(c)

omit

knowingly receive fromany person, or otherwise knowingly

insert

receive from any person, orotherwise

[695] After subregulation 298B(1), including the penalty

insert

(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

(5)

In this regulation:

offenceagainst subregulation (1) includes:

(a)

an offence against section 11.1 or 11.4 of the Criminal Code in relationto an offence against that subregulation; and

(b)

an offence against subregulation (1) because of the operation of section11.2 or 11.3 of the Criminal Code .

[697] Regulation 299

omit

Where the holder

insert

(1)

If the holder

[698] Regulation 299

after the penalty, insert

(2)

An offence againstsubregulation(1) is an offence of strict liability.

Note
For strictliability , see section 6.1 of the Criminal Code .

[699] Subregulation301(2)

substitute

(2) A person must not engage in conduct that resultsin the destruction, mutilation or defacement of a document that the person isrequired to surrender to CASA.

Penalty:
10 penalty units.

(3)

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

Note
Forstrict liability , see section 6.1 of the Criminal Code .

[700] Subregulation302(1), at the foot

insert

Penalty:
5 penalty units.

[701] Aftersubregulation 302(2), including the penalty

insert

(3)

An offenceagainst 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

(3) Anoffence 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

(1B) Anoffence 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

(3B)

Anoffence 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

(4)

A person who is bound by aninstruction must comply with the instruction.

Penalty:
25 penalty units.

(5)

An offence against subregulation(4) is an offence of strictliability.

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

(6)

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

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

[706] After subregulation 310B(5), includingthe penalty

insert

(5A)

An offence against subregulation(4) or (5) isan offence of strict liability.

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

[707] After subregulation 322(5), including thepenalty

insert

(6)

An offence against subregulation(4) or (5) is anoffence of strict liability.

Note
For strict liability , see section 6.1 ofthe Criminal Code .

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