Schedule 1 Amendments of Civil Aviation Regulations 1998

(regulation 3)

[1] Regulation 21.2

omit

[2] Subregulation 21.3 (1)

omit

Except as provided in subregulation (5), the

insert

The

[3] Subregulation 21.3 (1)

omit

it is aware

[4] Subregulation 21.3 (2)

omit

it is aware

[5] Subregulation 21.3 (3)

omit

[6] Subregulation 21.3 (5)

omit

Subregulation (1) does not apply to:

insert

This subregulation applies to:

[7] Subparagraph 21.3 (5) (a) (iii)

omit

insert

and

[8] After subregulation 21.3 (8), including the penalty

insert

(9) An offence against subregulation (7) or (8) is an offence of strict liability.

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

(10) It is a defence to a prosecution under subregulation (1) if the failure, malfunction or defect is of a kind to which subregulation (5) applies.

Note A defendant bears an evidential burden in relation to the matter mentioned in subregulation (10) (see subsection 13.3 (3) of the Criminal Code).

[9] After subregulation 21.5 (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.

[10] Subregulation 21.16 (5)

substitute

(5) A person must not engage in conduct that results in a breach of a special condition or other condition of a type certificate.

Penalty: 50 penalty units.

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

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

Source FARs section 21.16 modified.

[11] Subregulation 21.29B (5), except the note

substitute

(5) A person must not engage in conduct that results in a breach of a condition of a type acceptance certificate.

Penalty: 50 penalty units.

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

Note for subregulation (6) For strict liability, see section 6.1 of the Criminal Code.

[12] After subregulation 21.47 (3), including the penalty

insert

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

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

[13] Regulation 21.49

omit

The holder of

insert

(1) The holder of

[14] Regulation 21.49

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.

[15] Subregulation 21.50 (1), at the foot

insert

Penalty: 5 penalty units.

[16] After subregulation 21.50 (2), including the penalty

insert

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

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

[17] Subregulation 21.99 (1)

substitute

(1) If an airworthiness directive is issued for an aircraft, aircraft engine or propeller, and CASA considers that design changes are necessary to correct the unsafe condition of the aircraft, aircraft engine or propeller, the holder of the type certificate for the aircraft, aircraft engine or propeller must, on CASA’s request, submit appropriate design changes for approval.

Penalty: 50 penalty units.

(1A) If approval is granted for design changes mentioned in subregulation (1), the holder of the type certificate for the aircraft, aircraft engine or propeller must, on request by the operator of an affected aircraft, aircraft engine or propeller previously certificated under the type certificate, give to that operator the descriptive data covering the design changes.

Penalty: 50 penalty units.

[18] After subregulation 21.99 (2), including the penalty

insert

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

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

[19] After subregulation 21.123 (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.

[20] After subregulation 21.125 (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.

[21] After subregulation 21.127 (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.

[22] Subregulation 21.128 (1)

omit

(except rocket engines)

insert

that are not rocket engines

[23] Subregulation 21.128 (1), at the foot

insert

Penalty: 25 penalty units.

[24] After subregulation 21.128 (3), including the penalty

insert

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

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

[25] Regulation 21.129

omit

Each person

insert

(1) Each person

[26] Regulation 21.129

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.

[27] Subregulations 21.130A (1) to (4), at the foot

insert

Penalty: 50 penalty units.

[28] Subregulation 21.130A (5)

substitute

(5) If the manufacturer stops manufacturing aircraft, aircraft engines or propellers under the type certificate, and does not continue manufacturing under a production certificate, the manufacturer must send the records to CASA within 30 days.

Penalty: 50 penalty units.

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

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

Source FARs section 21.293 modified.

[29] Subregulation 21.134 (4)

substitute

(4) A person must not engage in conduct that results in a breach of a condition set out in the production certificate.

Penalty: 50 penalty units.

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

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

[30] Subregulation 21.143 (2)

omit

Penalty for subregulation (2):

insert

Penalty:

[31] After subregulation 21.143 (2), including the penalty

insert

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

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

[32] Regulation 21.145

omit

The holder

insert

(1) The holder

[33] Regulation 21.145

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.

[34] Subregulation 21.147 (2)

omit

Penalty for subregulation (2):

insert

Penalty:

[35] After subregulation 21.147 (2), including the penalty

insert

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

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

[36] Regulation 21.157

substitute

21.157 Inspections and tests

(1) If CASA requires the holder of a production certificate to allow CASA to make any inspections and tests necessary to determine compliance with the applicable requirements of these Regulations, the holder must allow CASA to make those inspections and tests.

Penalty: 50 penalty units.

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

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

Source FARs section 21.157 modified.

[37] Regulation 21.161

omit

The holder

insert

(1) The holder

[38] Regulation 21.161

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.

[39] Subregulations 21.165 (1) and (2), at the foot

insert

Penalty: 50 penalty units.

[40] After subregulation 21.165 (3), including the penalty

insert

(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.

[41] Subregulations 21.166 (1) to (4), at the foot

insert

Penalty: 50 penalty units.

[42] Subregulation 21.166 (5)

substitute

(5) If the person stops manufacturing a product under the production certificate, and does not continue manufacturing the product at another place under another production certificate, the person must send the records retained for subregulation (3) to CASA within 30 days after manufacturing stops.

Penalty: 50 penalty units.

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

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

Source FARs section 21.293 modified.

[43] Subregulation 21.176 (5)

omit

contravene

insert

engage in conduct that results in a breach of

[44] After subregulation 21.176 (5), including the penalty

insert

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

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

[45] Subregulation 21.181 (9)

omit

Penalty for subregulation (9):

insert

Penalty:

[46] After subregulation 21.181 (9), including the penalty

insert

(10) An offence against subregulation (3) or (9) is an offence of strict liability.

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

[47] After subregulation 21.187 (2), including the penalty

insert

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

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

[48] Subregulation 21.195A (5)

substitute

(5) A person must not engage in conduct that results in a breach of a condition of an experimental certificate.

Penalty: 50 penalty units.

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

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

[49] Subregulation 21.195B (8)

omit

Penalty for subregulation (8):

insert

Penalty:

[50] After subregulation 21.195B (8), including the penalty

insert

(9) An offence against subregulation (3) or (8) is an offence of strict liability.

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

[51] Subregulation 21.200 (5)

substitute

(5) A person must not engage in conduct that results in a breach of a condition of a special flight permit.

Penalty: 50 penalty units.

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

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

[52] After subregulation 21.201 (2), including the penalty

insert

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

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

[53] Regulation 21.245

omit

If the holder

insert

(1) If the holder

[54] Regulation 21.245

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.

[55] Subregulation 21.261 (4)

substitute

(4) The manufacturer must not engage in conduct that results in a breach of a direction given under subregulation (3).

Penalty: 50 penalty units.

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

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

Source FARs section 21.261 modified.

[56] After subregulation 21.271 (2), including the penalty

insert

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

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

[57] Subregulation 21.277 (1), at the foot

insert

Penalty: 50 penalty units.

[58] After subregulation 21.277 (2), including the penalty

insert

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

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

[59] Subregulations 21.293 (1) to (4), at the foot

insert

Penalty: 50 penalty units.

[60] Subregulation 21.293 (5)

omit

as soon as practicable

insert

within 30 days

[61] After subregulation 21.293 (5), including the penalty

insert

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

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

[62] Subregulations 21.303 (1) and (1A)

substitute

(1) A person may produce a modification or replacement part for sale for installation on a type certificated aircraft, aircraft engine or propeller only if:

(a) it is produced in accordance with an Australian Parts Manufacturer Approval (APMA) issued under this Subpart; or

(b) the person holds an approval to produce the part issued under regulation 30 of CAR 1988 (as in force immediately before 1 December 1998).

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

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

[63] Subregulation 21.303 (1B)

omit

Subregulation (1A)

insert

Paragraph (1) (b)

[64] Subregulation 21.325 (6)

omit

Penalty for subregulation (6):

insert

Penalty:

[65] After subregulation 21.325 (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.

[66] Regulation 21.603

substitute

21.603 ATSO marking and privileges

(1) Except as provided in subregulation 21.617 (3), a person may identify an article with an ATSO marking only if:

(a) the person holds an ATSO authorisation; and

(b) the article meets applicable ATSO or TSO performance standards.

Penalty: 50 penalty units.

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

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

Source FARs section 21.603 modified.

[67] Regulation 21.607

omit

An article manufacturer

insert

(1) An article manufacturer

[68] Regulation 21.607

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.

[69] After subregulation 21.611 (2), including the penalty

insert

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

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

[70] Subregulation 21.613 (2), except the heading

substitute

(2) The manufacturer must retain the records mentioned in paragraph (1) (a) until it no longer manufactures the article.

Penalty: 50 penalty units.

(3) If the manufacturer stops manufacturing the article, the manufacturer must send copies of the records mentioned in paragraph (1) (a) to CASA.

Penalty: 50 penalty units.

(4) The manufacturer must retain the records mentioned in paragraph (1) (b) for at least 2 years.

Penalty: 50 penalty units.

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

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

[71] After subregulation 21.820 (2), including the penalty

insert

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

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

[72] After subregulation 21.825 (3), including the penalty

insert

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

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

[73] After subregulation 21.830 (2), including the penalty

insert

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

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

[74] After subregulation 21.835 (3), including the penalty

insert

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

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

[75] After subregulation 21.840 (2), including the penalty

insert

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

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

[76] After subregulation 21.850 (2), including the penalty

insert

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

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

[77] Subregulation 21.855 (1)

omit

remove or alter

insert

engage in conduct that results in the removal or alteration of

[78] After subregulation 21.855 (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.

[79] After subregulation 21.865 (2), including the penalty

insert

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

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

[80] Subregulation 21.870 (3)

substitute

(3) The holder of the APMA must include the information in the authorised release certificate supplied with the part or with each container of the parts.

Penalty: 20 penalty units.

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

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

[81] Regulation 39.3

substitute

39.3 Australian aircraft covered by AD etc not to be operated

(1) A person must not operate an Australian aircraft that is covered by an AD, or is fitted with an aeronautical product covered by an AD:

(a) in breach of a requirement (if any) of the AD that affects the operating limitations of the aircraft; or

(b) while any other requirement of the AD has not been complied with.

Penalty: 50 penalty units.

Note For Australian aircraft see subsection 3 (1) of the Act; for AD and aeronautical product see the Dictionary.

(2) The registered owner of an Australian aircraft that is covered by an AD, or is fitted with an aeronautical product covered by an AD, must not permit a person to operate the aircraft:

(a) in breach of a requirement (if any) of the AD that affects the operating limitations of the aircraft; or

(b) while any other requirement of the AD has not been complied with.

Penalty: 50 penalty units.

Note For Australian aircraft see subsection 3 (1) of the Act; for AD and aeronautical product see the Dictionary.

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

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

[82] Subregulation 45.035 (4), except the note

substitute

(4) If an aircraft does not bear its markings as required by subregulations (1), (2) and (3), the aircraft’s registration holder is guilty of an offence.

Penalty: 50 penalty units.

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

Note for subregulation (5) For strict liability, see section 6.1 of the Criminal Code.

[83] Subregulation 45.085 (5)

substitute

(5) If the markings on an aircraft do not comply with subregulation (1), (2) or (4), the aircraft’s registration holder is guilty of an offence.

Penalty: 20 penalty units.

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

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

[84] After subregulation 45.090 (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.

[85] After subregulation 45.105 (4), including the penalty

insert

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

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

[86] Subregulation 45.115 (2)

omit

punishable by a fine of 20 penalty units

[87] Subregulation 45.115 (2), at the foot

insert

Penalty: 20 penalty units.

[88] After subregulation 45.115 (2)

insert

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

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

[89] After subregulation 45.125 (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.

[90] Regulation 45.145

substitute

45.145 Aircraft must carry aircraft registration identification plate

(1) A person may operate an Australian aircraft only if an aircraft registration identification plate is attached to the aircraft in accordance with regulation 45.150.

Penalty: 50 penalty units.

(2) The registered owner of an Australian aircraft may permit a person to operate that aircraft only if an aircraft registration identification plate is attached to the aircraft in accordance with regulation 45.150.

Penalty: 50 penalty units.

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

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

(4) Strict liability applies to the physical element in subregulation (2) that the aircraft registration identification plate is attached to the aircraft in accordance with regulation 45.150.

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

[91] Subregulation 45.155 (1), except the note

substitute

(1) A person must not engage in conduct that results in the removal of the aircraft registration identification plate of an aircraft from where it is attached to the aircraft if CASA has not given written approval to do so.

Penalty: 20 penalty units.

[92] Subregulation 45.155 (2)

substitute

(2) A person must not engage in conduct that results in the removal or alteration of any of an aircraft’s markings marked on the registration identification plate of the aircraft if CASA has not given written approval to do so.

Penalty: 20 penalty units.

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

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

[93] Regulation 45.160

omit

A person

insert

(1) A person

[94] Regulation 45.160

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.

[95] Regulation 45.170

omit

A person must not operate a foreign registered aircraft in Australian territory unless

insert

(1) A person may operate a foreign registered aircraft in Australian territory only if

[96] Regulation 45.170

after the penalty, insert

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

Note for subregulation (2) For strict liability, see section 6.1 of the Criminal Code.

[97] Dictionary, after definition of Dictionary

insert

engage in conduct means:

(a) do an act; or

(b) omit to perform an act.

Schedule 2 Amendments of Civil Aviation (Buildings Control) Regulations

(regulation 4)

[1] Regulation 1

substitute

1 Name of Regulations

These Regulations are the Civil Aviation (Buildings Control) Regulations 1988.

[2] Regulation 2, after definition of authorised person

insert

engage in conduct means:

(a) do an act; or

(b) omit to perform an act.

[3] Subregulation 3 (1)

substitute

(1) A person may construct, within an area to which this regulation applies, a building or structure only in accordance with an approval given under these Regulations.

Penalty: 10 penalty units.

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

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

[4] Subregulation 4 (1)

substitute

(1) A person may construct, within an area to which this regulation applies, a building or structure having a greater height above the ground than 25 feet only in accordance with an approval given under these Regulations.

Penalty: 10 penalty units.

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

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

[5] Subregulation 5 (1)

substitute

(1) A person may construct, within an area to which this regulation applies, a building or structure having a greater height above the ground than 50 feet only in accordance with an approval given under these Regulations.

Penalty: 10 penalty units.

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

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

[6] Subregulation 6 (1)

substitute

(1) A person may construct, within an area to which this regulation applies, a building or structure having a greater height above the ground than 150 feet only in accordance with an approval given under these Regulations.

Penalty: 10 penalty units.

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

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

[7] Regulation 10

substitute

10 Penalty for failing to comply with conditions subject to which an approval is granted

(1) A person to whom an approval is granted under regulation 8, must comply with the conditions, if any, subject to which the approval is granted.

Penalty: 10 penalty units.

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

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

[8] Subregulation 11 (5)

substitute

(5) A person must comply with the requirements in a notice served on him or her under this regulation.

Penalty: 2 penalty units.

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

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

[9] Regulation 16

omit