Part 17Penal provisions and prosecutions

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### Division 5.1—Balloon flight crew licensing—preliminary #### 5.01 Definitions for Part 5 (1) In this Part: > approved balloon testing officer, for a flight test for a balloon class endorsement or balloon flight crew rating, means a person to whom the Director has delegated CASA’s power under regulation 5.19 or 5.41 to conduct the flight test. > approved check radio operator means a person who holds both: (a) a commercial pilot (balloon) licence; and (b) a flight instructor (balloon) rating. > Australian balloon means a balloon that is an Australian aircraft. > authorised balloon flight instructor means a person who: (a) holds a current flight instructor (balloon) rating; and (b) either: (i) is the holder of an AOC that authorises balloon flying training; or (ii) is employed to instruct by, or instructs under an arrangement with, a person who is the holder of an AOC that authorises balloon flying training. > balloon class endorsement means an endorsement that authorises its holder to fly balloons included in a particular class of balloon. > balloon flight crew licence: see regulation 5.08. > balloon flight crew rating means a rating of a kind mentioned in regulation 5.13. > balloon flying school means a school for which there is an AOC that authorises the school to conduct balloon flying training. > balloon flying training means any training given during flight time in a balloon for the purpose of increasing a person’s skill in flying the balloon. > balloon proficiency check means a check that tests the aeronautical skills and aeronautical knowledge relevant to balloon flight of the person undertaking the check. > CAR certificate of validation means a certificate issued under regulation 5.27. > CASA flying operations inspector means a person employed by CASA as: (a) a flying operations inspector (however described); or (b) a senior flying operations inspector (however described). > chief balloon flying instructor means a person: (a) who holds a current flight instructor (balloon) rating; and (b) who is appointed by a balloon flying school to supervise the balloon flying training given by the school; and (c) whose appointment is approved by CASA under regulation 5.58. > class, of balloon, means a class mentioned in table 5.01. ```html <table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="3" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Table 5.01—Classification of balloons</td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"></td><td style="width:23.86%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Column 1</td><td style="width:66.06%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Column 2</td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Item</td><td style="width:23.86%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Class of balloon</td><td style="width:66.06%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Description of balloon</td></tr></thead><tbody><tr><td style="width:10.08%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">1</td><td style="width:23.86%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Class 1</td><td style="width:66.06%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Hot air balloons that have a volume of not more than 260 000 cubic feet</td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">2</td><td style="width:23.86%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Class 2</td><td style="width:66.06%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Hot air balloons that have a volume of more than 260 000 cubic feet</td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">3</td><td style="width:23.86%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Class 3</td><td style="width:66.06%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Gas balloons</td></tr></tbody></table> ``` > commercial (balloon) pilot means the holder of a commercial pilot (balloon) licence. > equivalent: see regulation 5.31. > flight radiotelephone operator licence means a flight radiotelephone operator licence issued under this Part. > flight radiotelephone practical test means a practical test of a person’s knowledge and skill in the use of an aeronautical radio set by CASA under subregulation 5.41(3). > flight test means a practical test of a person’s aeronautical knowledge and practical flying skill set by CASA under subregulation 5.41(2). > free flight time, in relation to a balloon, means any part of the flight time in the balloon during which it is not tethered. > overseas balloon authorisation means an authorisation (however described) that: (a) authorises the holder to perform activities essential to the operation of balloons during flight time; and (b) is issued by the responsible authority of a Contracting State. > overseas medical certificate, in relation to an overseas balloon authorisation, means a certificate that: (a) is issued by the responsible authority of the Contracting State that issued the authorisation; and (b) indicates that its holder meets the medical standard set by the responsible authority; and (c) authorises its holder to exercise the authority given by the authorisation in the Contracting State. > overseas radio licence means a licence (however described) issued in accordance with Annex 1 to the Chicago Convention by a country that is a signatory to the International Telecommunication Convention. > personal log book means the log book required by regulation 5.51. > responsible authority, in relation to a Contracting State, means the authority that has responsibility for the licensing of persons to perform activities essential to the operation of balloons in the State. > responsible organisation means: (a) the responsible authority of a Contracting State; or (b) the Defence Force of Australia, or of a Contracting State; or (c) a sport aviation body. > student record means a record of a person’s progress in balloon flying training and ground training that is kept by a balloon flying school at which the person receives balloon flying training. > syllabus means a syllabus of training published under regulation 5.59. > tethered flight time, in relation to a balloon, means any part of the flight time in the balloon during which the balloon is tethered. > theory examination means an examination set under subregulation 5.41(1). (2) For this Part, a balloon flight crew rating is required for the following activities: (a) giving balloon flying training; (b) flying at night under the VFR. (3) For this Part, a person flies a balloon as pilot acting in command under supervision if, during flight time in the balloon, the person performs the activities and functions of the pilot in command while under the supervision of the pilot in command approved for the purpose by the operator of the balloon. #### 5.02 What Part 5 is about This Part: (a) sets out the requirements that apply to: (i) commercial pilot (balloon) licences; and (ii) flight radiotelephone operator licences for balloon pilots; and (b) empowers CASA to make Civil Aviation Orders about the requirements that apply to balloon flight crew ratings and balloon class endorsements. #### 5.03 Authorisation—performing activities essential to operation of Australian balloons without commercial pilot (balloon) licence A person is authorised to perform an activity essential to the operation of an Australian balloon during flight time without holding a commercial pilot (balloon) licence or CAR certificate of validation if: (a) the person: (i) is accompanied by an authorised balloon flight instructor; and (ii) is receiving balloon flying training; or (b) the person is attempting a flight test for a commercial pilot (balloon) licence. ### Division 5.2—Balloon flight crew licensing—medical certificates #### 5.04 Medical certificate—balloon flight crew licence (1) The holder of a balloon flight crew licence commits an offence if: (a) the holder performs an activity authorised by the licence; and (b) the holder does not meet the requirement mentioned in subregulation (2). Penalty: 50 penalty units. (2) For paragraph (1)(b), the requirement is that the holder must: (a) hold a current class 1 or 2 medical certificate; or (b) have the permission of CASA to perform the activity without holding a current medical certificate. (3) CASA may, on the written or oral application of the holder of a balloon flight crew licence, authorise the holder to perform an activity essential to the operation of an Australian balloon during flight time without holding a current class 1 or 2 medical certificate if: (a) in all the circumstances it is reasonable to allow the holder to perform the duty without holding the certificate; and (b) the performance of the activity by the holder without holding the certificate will not adversely affect the safety of air navigation. > Note: Class 1 and 2 medical certificates are issued under Part 67 of CASR. The medical standards for obtaining each class of medical certificate are set out in that Part. (4) An offence against this regulation is an offence of strict liability. #### 5.05 Medical certificate—CAR certificate of validation (1) The holder of a CAR certificate of validation for an overseas balloon authorisation commits an offence if: (a) the holder is required to hold an overseas medical certificate for the authorisation to exercise the authority given by the authorisation in the country in which the authorisation was issued; and (b) the holder performs an activity authorised by the certificate; and (c) the holder does not hold an overseas medical certificate for the authorisation that is in force. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. #### 5.07 Medical certificate—flight tests (1) A person who does not hold a commercial pilot (balloon) licence or CAR certificate of validation commits an offence if: (a) the person attempts a flight test for a commercial pilot (balloon) licence; and (b) the person does not hold a class 1 or 2 medical certificate. Penalty: 50 penalty units. (2) An approved balloon testing officer commits an offence if: (a) the officer conducts a flight test for the issue of a commercial pilot (balloon) licence or for the issue, or renewal, of a balloon flight crew rating; and (b) the person attempting the test does not meet the requirement mentioned in subregulation (3). Penalty: 50 penalty units. (3) For paragraph (2)(b), the requirement is that the person must: (a) hold a current class 1 or 2 medical certificate; or (b) hold both: (i) a CAR certificate of validation for an overseas balloon authorisation; and (ii) a current overseas medical certificate for the authorisation. (4) An offence against this regulation is an offence of strict liability. ### Division 5.3—Balloon flight crew licensing—licences, ratings and endorsements #### 5.08 Balloon flight crew licence—application A person may apply to CASA, in writing, for the issue of either or both of the following (a balloon flight crew licence): (a) a commercial pilot (balloon) licence; (b) a flight radiotelephone operator licence. #### 5.09 Balloon flight crew licence—issue (1) Subject to subregulation (2), CASA must issue a balloon flight crew licence to an applicant if the applicant: (a) possesses a knowledge of the English language that is sufficient to enable him or her to exercise safely the authority given by the licence; and (b) is qualified to hold the licence; and (c) is a suitable person to hold the licence. > Note: For whether a person is qualified to hold a balloon flight crew licence, see regulations 5.61 and 5.138. (2) CASA must not issue a balloon flight crew licence to a person if the person: (a) has knowingly or recklessly made a false or misleading statement in relation to the person’s application for the licence; or (b) does not satisfy the requirements of subregulation (1). (3) In deciding whether an applicant for a balloon flight crew licence is a suitable person to hold the licence, CASA must only take into account: (a) any action taken by CASA, or a responsible organisation, in relation to any authority to perform activities essential to the operation of a balloon during flight time that was given to the applicant by CASA, or the organisation; and (b) any other matter that relates to the safety of air navigation. (4) An applicant for a balloon flight crew licence commits an offence if the applicant: (a) is aware of information that is relevant to a matter that CASA must take into account under subregulation (3); and (b) does not disclose the information to CASA. Penalty: 50 penalty units. #### 5.13 Balloon flight crew rating—application The holder of a commercial pilot (balloon) licence or a CAR certificate of validation for an overseas balloon authorisation that is equivalent to a commercial pilot (balloon) licence may apply to CASA for the issue of either or both of the following balloon flight crew ratings: (a) a flight instructor (balloon) rating; (b) a balloon grade of night VFR rating. #### 5.14 Balloon flight crew rating—issue (1) CASA may give directions in Civil Aviation Orders setting out requirements for the issue of a balloon flight crew rating to a person. (2) The Orders may include: (a) the flight tests that must be passed by the person; and (b) any other requirements that must be satisfied by the person; and (c) any other condition that must be satisfied by, or in relation to, the person. (3) Subject to subregulation (4), CASA must issue a balloon flight crew rating to a qualified person, or renew the person’s rating, by entering the rating in the person’s personal log book only if: (a) the person has passed the necessary flight tests; and (b) the person satisfies the other requirements; and (c) any other condition to be met by, or in relation to, the person has been met; for the issue, or renewal, of the rating. (4) CASA must not issue a balloon flight crew rating to a person, or renew the person’s rating, if the person: (a) has knowingly or recklessly made a false or misleading statement in relation to the person’s application for the rating; or (b) does not satisfy the requirements of subregulation (3). (5) In this regulation: > qualified person means a person who holds a commercial pilot (balloon) licence or a CAR certificate of validation for an overseas balloon authorisation that is equivalent to a commercial pilot (balloon) licence. #### 5.17 Balloon flight crew rating—duration (1) A balloon flight crew rating remains in force from the day on which it is issued, or renewed, until: (a) the end of the period set out in the Civil Aviation Orders as the period for which a rating of that kind remains in force; or (b) the end of the period set out by CASA in the holder of the rating’s personal log book as the period for which the rating remains in force; or (c) it is suspended or cancelled; whichever occurs first. (2) If a balloon flight crew rating is entered by CASA in a personal log book, CASA may set out in the log book the period for which the rating remains in force. (3) CASA may give directions in Civil Aviation Orders setting out the period for which a balloon flight crew rating remains in force. #### 5.18 Balloon flight crew rating—authority and flight tests CASA may give directions in Civil Aviation Orders setting out: (a) the authority given by a balloon flight crew rating; and (b) the limitations on that authority; and (c) the flight tests that must be passed, or any other requirement that must be satisfied, before that authority may be exercised. #### 5.19 Balloon flight crew rating—flight tests (1) CASA may issue Civil Aviation Orders that describe the flight tests for the issue of a balloon flight crew rating to a person. (2) The Orders may include: (a) any condition that must be satisfied by, or in relation to, the person; and (b) the content of any test that must be passed by the person; and (c) the way in which a test is to be conducted. (3) CASA may conduct the flight tests in relation to a balloon flight crew rating that are required by the Civil Aviation Orders. #### 5.20 Balloon flight crew rating—approval to give training (1) CASA may approve a person who holds a commercial pilot (balloon) licence to give balloon flying training for the issue of a balloon flight crew rating. (2) CASA may give an approval subject to any condition that is necessary in the interests of the safety of air navigation. (3) CASA must: (a) set out the condition in the approval; or (b) give it as a direction in Civil Aviation Orders. (4) A person commits an offence if the person contravenes a condition to which his or her approval is subject. Penalty: 50 penalty units. (5) CASA may, in writing, revoke a person’s approval if: (a) the person’s commercial pilot (balloon) licence is suspended or cancelled; or (b) a court makes an order in relation to the person under section 30A of the Act that affects the authority given by the person’s commercial pilot (balloon) licence; or (c) there are reasonable grounds for believing that the person has contravened a condition to which his or her approval is subject; or (d) it is necessary to do so in the interests of the safety of air navigation. (6) If CASA revokes a person’s approval, it must give the person written notice of the revocation setting out the grounds for the revocation. (7) An offence against this regulation is an offence of strict liability. #### 5.23 Balloon class endorsement—issue (1) CASA may give directions in Civil Aviation Orders setting out requirements for the issue of balloon class endorsements. (2) Subject to subregulation (3), CASA must issue a balloon class endorsement to the holder of a commercial pilot (balloon) licence or a CAR certificate of validation for an overseas balloon authorisation that is equivalent to a commercial pilot (balloon) licence by entering the endorsement in the holder’s personal log book if the holder satisfies the requirements for the issue of the endorsement. (3) CASA must not issue a balloon class endorsement to a person if the person: (a) has knowingly or recklessly made a false or misleading statement in relation to the person’s application for an endorsement; or (b) does not satisfy the requirements of subregulation (2). ### Division 5.4—Balloon flight crew licensing—certificates of validation #### 5.27 CAR certificate of validation—issue (1) A person may apply to CASA, in writing, for the issue of a CAR certificate of validation for an overseas balloon authorisation held by the person if: (a) the person’s overseas balloon authorisation is in force; and (b) where the person is required to hold an overseas medical certificate for the authorisation to exercise the authority given by the authorisation in the country in which the authorisation was issued—the person holds an overseas medical certificate for the authorisation that is in force. (2) Subject to subregulation (3), CASA may issue a CAR certificate of validation to an applicant if: (a) the applicant satisfies the requirements of subregulation (1); and (b) the applicant possesses a knowledge of the English language that is sufficient to enable him or her to safely exercise the authority given by a CAR certificate of validation; and (c) the applicant is a suitable person to hold the certificate; and (d) the applicant has passed the CAR certificate of validation examinations that CASA considers necessary in the interests of the safety of air navigation. (3) CASA must not issue a CAR certificate of validation to an applicant if the applicant: (a) has knowingly or recklessly made a false or misleading statement in relation to the application; or (b) does not satisfy the requirements of subregulation (2). (4) In deciding whether an applicant for a certificate is a suitable person to hold the certificate, CASA must only take into account: (a) any action taken by CASA, or a responsible organisation, in relation to any authority to perform activities essential to the operation of a balloon during flight time that was given to the applicant by CASA, or the organisation; and (b) any other matter that relates to the safety of air navigation. (5) An applicant for a certificate commits an offence if the applicant: (a) is aware of information that is relevant to a matter that CASA must take into account in deciding whether the applicant is a suitable person to hold the certificate; and (b) does not disclose the information to CASA. Penalty: 50 penalty units. (6) For paragraph (2)(d), CASA may set and conduct examinations for the issue of certificates of validation. (7) A CAR certificate of validation examination must be based on examination materials published by CASA. #### 5.30 CAR certificate of validation—overseas balloon authorisation information to be entered If CASA issues a CAR certificate of validation for an overseas balloon authorisation, CASA must enter on the certificate: (a) the name of the country in which the overseas balloon authorisation was issued; and (b) the name of the overseas balloon authorisation; and (c) the period of validity of the overseas balloon authorisation; and (d) the serial number or reference number of the overseas balloon authorisation. #### 5.31 CAR certificate of validation—effect (1) A CAR certificate of validation for an overseas balloon authorisation has effect as if it were: (a) a balloon flight crew licence that is the equivalent of the authorisation; or (b) a balloon class endorsement that is the equivalent of the authorisation; or (c) if the authorisation would allow the holder to perform activities in a balloon that is engaged in an activity for which a balloon flight crew rating is required—a balloon flight crew rating that is the equivalent of the authorisation; as the case requires. (2) For this regulation, an overseas balloon authorisation is equivalent to a balloon flight crew licence if the authorisation and the licence allow the holder to perform the same activities in balloons. (3) For this regulation, an overseas balloon authorisation is equivalent to a balloon class endorsement if the authorisation and the endorsement allow the holder to perform activities in the same class of balloon. (4) For this regulation, an overseas balloon authorisation is equivalent to a balloon flight crew rating if the authorisation and the rating allow the holder to perform the same activities. #### 5.32 CAR certificate of validation—period of validity (1) A CAR certificate of validation for an overseas balloon authorisation remains in force until whichever of the following occurs first: (a) the end of the period of 3 months beginning on the day on which the certificate was issued; (b) the end of the period set out by CASA on the certificate as the period for which the certificate remains in force; (c) the overseas balloon authorisation ceases to be in force; (d) if a holder of the overseas balloon authorisation is required to hold an overseas medical certificate for the authorisation to exercise the authority given by the authorisation in the country in which it was issued—the overseas medical certificate for the authorisation ceases to be in force; (e) the CAR certificate of validation is suspended or cancelled. (2) CASA may set out on a CAR certificate of validation the period for which the certificate remains in force. #### 5.33 CAR certificate of validation—offences (1) A person commits an offence if: (a) the person makes an application for a CAR certificate of validation for an overseas balloon authorisation; and (b) at the time the application is made, the person’s overseas balloon authorisation is not in force. (2) A person commits an offence if: (a) the person makes an application for a CAR certificate of validation for an overseas balloon authorisation; and (b) the person is required to hold an overseas medical certificate for the authorisation to exercise the authority given by the authorisation in the country in which it was issued; and (c) at the time the application is made, the person does not hold an overseas medical certificate for the authorisation that is in force. Penalty: 50 penalty units. (3) The holder of a CAR certificate of validation for an overseas balloon authorisation commits an offence if: (a) the holder exercises the authority given by the certificate in an Australian balloon during flight time; and (b) at the time of exercising the authority, the holder’s overseas balloon authorisation is not in force. Penalty: 50 penalty units. (4) The holder of a CAR certificate of validation for an overseas balloon authorisation commits an offence if: (a) the holder exercises the authority given by the certificate in an Australian balloon during flight time; and (b) the person is required to hold an overseas medical certificate for the authorisation to exercise the authority given by the authorisation in the country in which it was issued; and (c) at the time of exercising the authority, the holder does not hold an overseas medical certificate for the authorisation that is in force. Penalty: 50 penalty units. (5) An offence against this regulation is an offence of strict liability. ### Division 5.5—Balloon flight crew licensing—general #### 5.40 Pilot acting in command under supervision (1) A person commits an offence if: (a) the person flies a balloon as pilot acting in command under supervision; and (b) either: (i) the person does not satisfy subregulation (3) in relation to the balloon; or (ii) the person does not satisfy subregulation (4) in relation to the balloon. Penalty: 50 penalty units. (2) The operator of a balloon commits an offence if: (a) the operator permits a person to fly a balloon as pilot acting in command under supervision; and (b) the person does not satisfy subregulation (3) in relation to the balloon. Penalty: 50 penalty units. (3) A person satisfies this subregulation if: (a) the person holds: (i) a commercial pilot (balloon) licence; or (ii) a CAR certificate of validation for an overseas balloon authorisation that is equivalent to a commercial pilot (balloon) licence; and (b) the person holds a balloon class endorsement that authorises him or her to fly the balloon as pilot in command; and (c) if the person carries out an activity for which a balloon flight crew rating is required—the person holds a balloon flight crew rating that permits him or her to carry out that activity as pilot in command of the balloon. (4) A person satisfies this subregulation in relation to a balloon if: (a) the person is the co‑pilot of the balloon; and (b) the operator of the balloon permits the person to fly the balloon as pilot acting in command under supervision; and (c) the pilot in command of the balloon is appointed for the purpose by the operator of the balloon. (5) An offence against this regulation is an offence of strict liability. #### 5.41 Balloon flight crew licence—tests and examinations (1) CASA may set and conduct the following theory examinations: (a) commercial pilot (balloon) licence theory examinations; (b) flight radiotelephone theory examinations. (2) CASA may set and conduct commercial pilot (balloon) licence flight tests. (3) CASA may set and conduct flight radiotelephone practical tests. #### 5.42 Balloon flight tests—CASA to be notified (1) An approved balloon testing officer commits an offence if the officer: (a) conducts a flight test; and (b) has not, at least 24 hours before the test: (i) given CASA notice of the time, date, place and nature of the proposed test; and (ii) obtained from CASA a flight test number for the test. Penalty: 50 penalty units. (2) An approved balloon testing officer commits an offence if the officer: (a) conducts a flight test; and (b) does not do each of the following: (i) enter the flight test number on the flight test report form used for the flight test; (ii) record the results of the test on the flight test report form; (iii) send the flight test report form to CASA: (A) if the test is passed—within 14 days after the day of the test; or (B) if the test is failed—within 90 days after the day of the test. Penalty: 50 penalty units. (3) CASA may give a written notice to an approved balloon testing officer requiring the officer to give CASA documents relating to a flight test that he or she has notified to CASA under subregulation (1) that: (a) are described in the notice; and (b) are in the officer’s possession and control; and (c) are reasonably required by CASA in relation to the test. (4) An approved balloon testing officer commits an offence if the officer: (a) receives a notice under subregulation (3); and (b) does not send the documents to CASA within: (i) if the test is passed—14 days after the day of the test; or (ii) if the test is failed—90 days after the day of the test. Penalty: 50 penalty units. (5) An offence against this regulation is an offence of strict liability. (6) In this regulation: > flight test report form means a form issued by CASA for recording the results of flight tests. #### 5.50 Authorisation to test balloon (1) CASA may, in writing, authorise the holder of a commercial pilot (balloon) licence or a CAR certificate of validation for an overseas balloon authorisation that is equivalent to a commercial pilot (balloon) licence to perform activities essential to the operation of a balloon for which the holder does not hold a balloon class endorsement during a flight conducted for the purpose of: (a) testing the balloon; or (b) carrying out an experiment in relation to the balloon. (2) An authorisation may be given subject to any condition that is necessary in the interests of the safety of air navigation. (3) CASA must set out the condition in the authorisation. (4) The holder of an authorisation commits an offence if the holder contravenes a condition to which the authorisation is subject. Penalty: 50 penalty units. (5) An offence against this regulation is an offence of strict liability. #### 5.51 Personal log books (1) The holder of a balloon flight crew licence or CAR certificate of validation commits an offence if the holder does not have a personal log book that is suitable: (a) for the entry of balloon flight crew ratings, balloon class endorsements and other kinds of privileges; and (b) for recording the matters required by regulation 5.52 to be recorded in a personal log book; and (c) for recording any other matter that CASA directs must be recorded in a personal log book. Penalty: 50 penalty units. > Note: Regulation 5.56 requires the holder of a balloon flight crew licence or CAR certificate of validation to produce his or her personal log book when required by CASA. (2) CASA may, in writing, direct the holder of a balloon flight crew licence or CAR certificate of validation to record the matters set out in the direction in his or her personal log book. (3) CASA must not give a direction under subregulation (2) unless it is necessary to do so in the interests of the safety of air navigation. (4) A person to whom a direction is given under subregulation (2) commits an offence if the person contravenes the direction. Penalty: 50 penalty units. (5) A direction does not have effect in relation to a person until it is given to the person. (6) An offence against this regulation is an offence of strict liability. #### 5.52 What must be recorded in a personal log book? (1) The holder of a balloon flight crew licence or CAR certificate of validation commits an offence if the holder does not record in his or her personal log book: (a) his or her full name, address, date of birth and aviation reference number; and (b) any information about each flight undertaken by the holder that CASA directs be recorded in the log book. Penalty: 50 penalty units. (2) CASA may give directions in Civil Aviation Orders setting out the information about each flight undertaken by the holder of a balloon flight crew licence or CAR certificate of validation that the holder must record in his or her personal log book. (3) CASA must not give a direction under subregulation (2) unless it is necessary to do so in the interests of the safety of air navigation. (4) A person to whom a direction is given under subregulation (2) commits an offence if the person contravenes the direction. Penalty: 50 penalty units. (5) A direction does not have effect in relation to a person until it is given to the person. (6) An offence against this regulation is an offence of strict liability. #### 5.53 How long must a personal log book be retained? (1) A person commits an offence if the person: (a) is required by subregulation 5.51(1) to have a personal log book; and (b) does not retain the log book for as long as the person holds a balloon flight crew licence or CAR certificate of validation. Penalty: 50 penalty units. (2) An offence against this regulation is an offence of strict liability. #### 5.54 Evidence of identity—CASA’s powers (1) CASA may require a person to produce evidence of his or her identity before: (a) CASA issues a balloon flight crew licence, CAR certificate of validation, balloon flight crew rating or balloon class endorsement to the person; or (b) the person attempts an examination conducted by CASA. (2) Despite anything else in these Regulations, if a person is required to produce evidence of his or her identity under subregulation (1), then until the person produces the evidence: (a) CASA may refuse to issue the licence, certificate, rating or endorsement; or (b) CASA may refuse to allow the person to attempt the examination. (3) Subject to subregulation (6), if there are reasonable grounds for believing that a person has performed, or is about to perform, an activity essential to the operation of an Australian balloon, CASA may require the person to produce evidence of his or her identity. (4) Despite anything else in these Regulations, if a person who is about to perform an activity essential to the operation of an Australian balloon is required to produce evidence of his or her identity under subregulation (3), CASA may direct the person not to perform the duty until he or she produces the evidence. (5) A person to whom a direction is given under subregulation (4) commits an offence if the person contravenes the direction. Penalty: 50 penalty units. (6) CASA must not require a person to produce evidence of his or her identity under subregulation (3) unless it is necessary to do so in the interests of the safety of air navigation. (7) A person who has performed an activity essential to the operation of an Australian balloon commits an offence if the person: (a) is required to produce evidence of his or her identity under subregulation (3); and (b) refuses to produce the evidence. Penalty: 50 penalty units. (8) An offence against this regulation is an offence of strict liability. #### 5.54A Evidence of identity—examinations (1) A person who is permitted by this Part to conduct an examination may require a person to produce evidence of his or her identity before he or she attempts an examination conducted by the first‑mentioned person. > Note: Under regulation 2, the definition of examination includes flight tests. (2) If a person is required to produce evidence of his or her identity under subregulation (1), the examiner may refuse to allow the person to attempt the examination until he or she produces the evidence. #### 5.56 Balloon flight crew licence—production etc. (1) CASA may request the holder of a balloon flight crew licence or CAR certificate of validation to produce to CASA any or all of the following for inspection by CASA: (a) his or her licence or certificate; (b) his or her personal log book; (c) his or her medical certificate. (2) The holder of a balloon flight crew licence or CAR certificate of validation commits an offence if: (a) CASA requests the holder to produce a document under subregulation (1); and (b) the holder does not: (i) if the holder has immediate access to the document at the time the request is made—produce the document without delay; or (ii) if subparagraph (i) does not apply—produce the document at the place specified by CASA not more than 7 days after the day of the request. Penalty: 50 penalty units. (3) For subparagraph (2)(b)(ii), CASA may specify the place at which the holder of a balloon flight crew licence or CAR certificate of validation must produce a document. (4) An offence against this regulation is an offence of strict liability. (5) In this regulation: > medical certificate includes an overseas medical certificate. ### Division 5.6—Balloon flight crew licensing—balloon flying schools #### 5.57 Balloon flying schools—transfer of student records (1) This regulation applies if: (a) a person has received balloon flying training at a balloon flying school (the first school); and (b) the person subsequently arranges to receive balloon flying training at another balloon flying school (the other flying school). (2) The first school must, on the written or oral request of the person or the other flying school, give a copy of the person’s student record to the other flying school. #### 5.58 Balloon flying schools—chief balloon flying instructor (1) CASA may approve the appointment of a person who holds approved qualifications to be the chief balloon flying instructor of a balloon flying school. (2) CASA may give an approval subject to any condition that is necessary in the interests of the safety of air navigation. (3) CASA must: (a) set out the condition in the approval; or (b) give it as a direction in Civil Aviation Orders. (4) A person commits an offence if the person contravenes a condition to which his or her approval is subject. Penalty: 50 penalty units. (5) CASA may, in writing, revoke a person’s approval if: (a) the person ceases to hold the approved qualifications; or (b) there are reasonable grounds for believing that the person has contravened a condition to which his or her approval is subject; or (c) it is necessary to do so in the interests of the safety of air navigation. (6) If CASA revokes a person’s approval, it must give the person written notice of the revocation setting out the grounds for the revocation. (7) An offence against this regulation is an offence of strict liability. (8) In this regulation: > approved qualifications means qualifications approved by CASA for subregulation (1). #### 5.59 Syllabuses of training CASA may publish (whether as Civil Aviation Orders or otherwise) the following syllabuses of training: (a) balloon syllabus; (b) balloon flight crew rating syllabus; (c) flight radiotelephone operator syllabus. ### Division 5.7—Balloon flight crew licensing—flight radiotelephone operator licence #### 5.61 Flight radiotelephone operator licence—issue (1) For subregulation 5.09(1), a person is qualified to hold a flight radiotelephone operator licence if the person: (a) is at least 16; and (b) has passed a flight radiotelephone theory examination; and (c) has passed a flight radiotelephone practical test. (2) Despite subregulation (1), a person is qualified to hold a flight radiotelephone operator licence if the person: (a) is at least 16; and (b) holds, or has held, a qualification: (i) that CASA is satisfied is at least equivalent to a flight radiotelephone operator licence; and (ii) that was issued by the Defence Force of Australia. (3) Despite subregulation (1), a person is qualified to hold a flight radiotelephone operator licence if the person: (a) is at least 16; and (b) holds, or has held, an overseas radio licence that is at least equivalent to the flight radiotelephone operator licence. (4) For this regulation, an overseas radio licence is equivalent to a flight radiotelephone operator licence if it authorises the holder of the licence to operate a radiocommunication system installed in, or carried on, an aircraft during flight time in the aircraft. #### 5.62 Flight radiotelephone operator licence—authorisation A flight radiotelephone operator licence authorises the holder of the licence to operate: (a) a radiocommunication system that is installed in, or carried on, an aircraft during flight time in the aircraft and when the aircraft is on the ground; and (b) a radiocommunication system used in connection with aircraft. > Note: Regulation 83 prohibits a person from transmitting on a radio frequency used for the purpose of ensuring the safety of air navigation without being qualified to do so. A person is qualified to do so if the person holds a flight radiotelephone operator licence. #### 5.63 Flight radiotelephone operator licence—conduct of examination and test (1) A flight radiotelephone theory examination and flight radiotelephone practical test must be conducted only by a CASA flying operations inspector or an approved check radio operator. (2) If: (a) a person attempts a flight radiotelephone theory examination or a flight radiotelephone practical test; and (b) the examination or test is not conducted by a CASA flying operations inspector or an approved check radio officer; the person is taken not to have passed the examination or test. ### Division 5.11—Balloon flight crew licensing—commercial pilot (balloon) licences #### 5.138 Commercial pilot (balloon) licence—qualifications (1) For subregulation 5.09(1), a person is qualified to hold a commercial pilot (balloon) licence if the person: (a) is at least 18; and (b) holds a current private pilot certificate (balloons); and (c) has held one of the following for at least one year: (i) a private pilot certificate (balloons); (ii) a certificate or licence issued by the competent authority of a foreign country that is at least equivalent to a private pilot certificate (balloons); and (d) has passed a commercial pilot (balloon) licence theory examination; and (e) has passed a commercial pilot (balloon) licence flight test; and (f) has completed a course of balloon flying training in accordance with regulation 5.146; and (g) has the aeronautical experience set out in regulation 5.145. (2) Despite subregulation (1), a person is qualified to hold a commercial pilot (balloon) licence if: (a) the person: (i) holds, or has held, an overseas balloon authorisation that is at least equivalent to the commercial pilot (balloon) licence; and (ii) satisfies the requirements of subregulation (1), other than paragraph (f); or (b) the person: (i) holds a current overseas balloon authorisation that is at least equivalent to the commercial pilot (balloon) licence; and (ii) satisfies the requirements of subregulation (1), other than paragraphs (e) and (f). (4) For this regulation, a certificate or licence issued by the competent authority of a country other than Australia is equivalent to a private pilot certificate (balloons) if it authorises the holder of the certificate or licence to fly balloons as pilot in command in private operations. (5) For this regulation, an overseas balloon authorisation is equivalent to a commercial pilot (balloon) licence if it authorises the holder of the licence to fly balloons as pilot in command in aerial work operations or charter operations. (6) In this regulation: > competent authority, in relation to a foreign country, means the body that has responsibility for the licensing of persons to fly balloons in private operations in that country. > private pilot certificate (balloons) means a certificate that is issued by the Australian Ballooning Federation Incorporated. #### 5.139 Commercial pilot (balloon) licence—authorisation Subject to regulations 5.140 to 5.144, a commercial pilot (balloon) licence authorises the holder of the licence to fly a balloon that is engaged in aerial work operations or charter operations: (a) as pilot in command; or (b) as co‑pilot for the purposes of acting as pilot in command under supervision. > Note: The requirements for private balloon operations are set out in Civil Aviation Order 95.54. #### 5.140 Commercial pilot (balloon) licence—authorisation: balloon classes A commercial pilot (balloon) licence does not authorise the holder of the licence to fly as pilot in command of a balloon that is engaged in aerial work operations or charter operations unless the holder also holds a balloon class endorsement for the class of balloon in which the balloon that is to be flown is included. #### 5.141 Commercial pilot (balloon) licence—authorisation: balloon types (1) A commercial (balloon) pilot commits an offence if the pilot: (a) flies as pilot in command of a balloon that is engaged in aerial work operations or charter operations; and (b) has not undertaken at least 2 flights as pilot in command or as pilot acting in command under supervision of a balloon: (i) that has a fuel system of the same design as the balloon that the pilot proposes to fly; and (ii) that has a deflation system of the same design as the balloon that the pilot proposes to fly; and (iii) that has an envelope capacity equal to, or greater than, the balloon that the pilot proposes to fly. Penalty: 50 penalty units. (2) For subregulation (1), each flight must include: (a) at least 1 inflation of the balloon envelope; and (b) at least 30 minutes of free flight time; and (c) at least 1 deflation of the balloon envelope. (3) An offence against this regulation is an offence of strict liability. #### 5.142 Commercial pilot (balloon) licence—rating required (1) A commercial pilot (balloon) licence does not authorise the holder of the licence, in the course of flying a balloon, to carry out any activity for which a balloon flight crew rating is required: (a) as pilot in command, or co‑pilot—unless the holder also holds a balloon flight crew rating that authorises him or her to carry out the activity in that capacity in the balloon; or (b) in dual flying—unless the holder is receiving training in carrying out the activity from a person approved by CASA under regulation 5.20 to give balloon flying training in relation to the rating. (2) A commercial pilot (balloon) licence authorises the holder of the licence to fly a tethered balloon at night under the VFR without holding a balloon grade of night VFR rating. #### 5.143 Commercial pilot (balloon) licence—regular balloon flight reviews required (1) A commercial (balloon) pilot commits an offence if the pilot: (a) flies as pilot in command of a balloon that is engaged in aerial work operations or charter operations; and (b) has not, within the period of 2 years immediately before the day of the flight, satisfactorily completed a balloon flight review. Penalty: 50 penalty units. (2) A balloon flight review must: (a) be conducted only by an appropriate person in a balloon for which the pilot holds a balloon class endorsement; and (b) include at least: (i) 1 inflation of the balloon envelope; and (ii) 30 minutes of flight time; and (iii) 1 deflation of the balloon envelope. (3) If: (a) a commercial (balloon) pilot undertakes a balloon flight review; and (b) the requirements of subregulation (2) are not satisfied in relation to the review; the pilot is taken not to have satisfactorily completed the review. (4) A person commits an offence if: (a) the person conducts a balloon flight review of a commercial (balloon) pilot; and (b) the pilot satisfactorily completes the review; and (c) the person is satisfied that the pilot is able to safely fly a balloon in aerial work operations or charter operations; and (d) the person does not make an entry in the pilot’s personal log book to the effect that the pilot has satisfactorily completed the review. Penalty: 50 penalty units. (5) For this regulation, a commercial (balloon) pilot is taken to have satisfactorily completed a balloon flight review if, within the period of 2 years immediately before the day of a proposed flight, the pilot has: (a) passed a flight test conducted for the purpose of: (i) the issue of a commercial pilot (balloon) licence; or (ii) the issue, or renewal, of a flight instructor (balloon) rating; or (b) satisfactorily completed a balloon proficiency check; or (c) satisfactorily completed balloon conversion training given by the holder of a flight instructor (balloon) rating. (6) An offence against this regulation is an offence of strict liability. (7) In this regulation: > appropriate person means: (a) a person who holds a flight instructor (balloon) rating; or (b) a CASA flying operations inspector; or (c) an authorised person. > balloon conversion training means training undertaken by a commercial (balloon) pilot for the purpose of qualifying for a balloon class endorsement. > balloon flight review means a test of the aeronautical skills and aeronautical knowledge of the person undertaking the review that are relevant to the safe flight of balloons in aerial work operations or charter operations. #### 5.144 Commercial pilot (balloon) licence—recent experience requirements (1) A commercial (balloon) pilot commits an offence if the pilot: (a) flies as pilot in command of a balloon that is engaged in charter operations; and (b) has not, within the period of 90 days immediately before the day of the flight, undertaken at least 1 flight as pilot in command, or pilot acting in command under supervision, of a balloon. Penalty: 50 penalty units. (2) For subregulation (1), the flight must include: (a) at least 1 inflation of the balloon envelope; and (b) at least 30 minutes of free flight time; and (c) at least 1 deflation of the balloon envelope. (3) An offence against this regulation is an offence of strict liability. #### 5.145 Commercial pilot (balloon) licence—aeronautical experience required For paragraph 5.138(1)(g), a person’s aeronautical experience must consist of at least 75 hours flight time as pilot in command of a balloon that includes at least: (a) 60 hours of free flight time; and (b) 5 hours of tethered flight time. #### 5.146 Commercial pilot (balloon) licence—balloon flying training required For paragraph 5.138(1)(f), a course of balloon flying training must: (a) consist of at least 8 hours of balloon flying training that: (i) is undertaken by a person within the period of 1 year immediately before the day on which the person attempts the commercial pilot (balloon) licence flight test; and (ii) includes at least 3 flights in a free balloon and 1 flight in a tethered balloon; and (iii) includes at least 3 inflations, and 3 deflations, of a balloon envelope; and (b) be conducted in accordance with the relevant balloon syllabus; and (c) be conducted by an authorised balloon flight instructor. #### 5.147 Commercial pilot (balloon) licence—flight tests (1) A commercial pilot (balloon) licence flight test must be conducted only by a CASA flying operations inspector or an approved person in a balloon for which the person attempting the test is qualified to hold a balloon class endorsement. > Note: Requirements to qualify for class endorsements are set out in the Civil Aviation Orders. (2) An approved balloon testing officer, or a CASA flying operations inspector, commits an offence if: (a) the officer or inspector conducts a commercial pilot (balloon) licence flight test; and (b) the person attempting the test has not been recommended for the test by the chief balloon flying instructor of the balloon flying school where the person attempts the test. Penalty: 50 penalty units. (3) A chief balloon flying instructor commits an offence if: (a) the chief balloon flying instructor recommends a person for a commercial pilot (balloon) licence flight test; and (b) the person does not satisfy the requirements of paragraphs 5.138(1)(b), (c), (d), (f) and (g). Penalty: 50 penalty units. (4) A chief balloon flying instructor commits an offence if: (a) the chief balloon flying instructor recommends a person for a commercial pilot (balloon) licence flight test; and (b) the person is not at least 17. Penalty: 50 penalty units. > Note: Paragraph 5.138(1)(a) requires a person to be 18 to qualify for the licence. (5) If: (a) a person attempts a commercial pilot (balloon) licence flight test; and (b) the requirements of subregulations (1), (2), (3) and (4) are not satisfied in relation to the attempt; the person is taken not to have passed the test. (6) CASA may approve a person for subregulation (1) to conduct a commercial pilot (balloon) flight test. (7) An offence against this regulation is an offence of strict liability. ## Part 9—Aerodromes ### Division 8—Use of aerodromes #### 93 Protection of certain rights Nothing in these Regulations shall be construed as conferring on any aircraft, as against the owner of any land or any person interested therein, the right to alight on that land, or as prejudicing the rights or remedies of any person in respect of any injury to persons or property caused by the aircraft. ### Division 9—Removal or marking of obstructions or other hazards #### 94 Dangerous lights (1) Whenever any light is exhibited at or in the neighbourhood of an aerodrome, or in the neighbourhood of an air route or airway facility on an air route or airway, and the light is likely to endanger the safety of aircraft, whether by reason of glare, or by causing confusion with, or preventing clear reception of, a standard visual signal or aviation distress signal or of air route or airway facilities provided under the Air Services Act 1995; CASA may authorise a notice to be served upon the owner of the place where the light is exhibited or upon the person having charge of the light directing that owner or person, within a reasonable time to be specified in the notice, to extinguish or to screen effectually the light and to refrain from exhibiting any similar light in the future. (2) An owner or person on whom a notice is served under this regulation must comply with the directions contained in the notice. Penalty: 25 penalty units. (2A) An offence against subregulation (2) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (2B) It is a defence to a prosecution under subregulation (2) if the defendant had a reasonable excuse. > Note: A defendant bears an evidential burden in relation to the matter in subregulation (2B) (see subsection 13.3(3) of the Criminal Code). (3) If any owner or person on whom a notice under this regulation is served fails, within the time specified in the notice, to extinguish or to screen effectually the light mentioned in the notice, CASA may authorise an officer, with such assistance as is necessary and reasonable, to enter the place where the light is and extinguish or screen the light, and may recover the expenses incurred by CASA in so doing from the owner or person on whom the notice has been served. #### 95 Removal or marking of objects which constitute obstructions or potential hazards to air navigation (1) Subject to subregulation (6), whenever any object which is located on or within the defined limits of an aerodrome open to public use by aircraft engaged in international air navigation or air navigation within a Territory and which projects above the surfaces specified in subregulation (5) constitutes an obstruction or a potential hazard to aircraft moving in the navigable air space in the vicinity of an aerodrome, CASA may authorise a notice to be served upon the owner of the property in which the object is located directing the owner, within such reasonable time as is specified in the notice: (a) to remove the object or such portion of it specified in the notice as is practicable and necessary; or (b) to install and operate lights on the object and mark it in accordance with the requirements of the Chicago Convention. (2) The notice may be served either personally or by post or by affixing it in some conspicuous place near to the object to which the notice relates. (3) A person is guilty of an offence if: (a) CASA serves on the person a notice under this 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 under this regulation and the person does not comply with the directions in the notice, CASA may authorise an officer, with such assistance as is necessary and reasonable: (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 strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (4) All reasonable expenses and the amount of any actual loss or damage incurred and suffered by any person in complying with the directions contained in a notice served upon him in pursuance of this regulation may be recovered from CASA. (5) For the purposes of this regulation, the defined limits of an aerodrome means the area enclosed by the perimeter of the surface specified in paragraph (a), and the surfaces referred to in subregulation (1) are: (a) the surface 45 metres above the elevation of the nearest limit of the landing area and extending horizontally outward for a distance of 3,000 metres; (b) the surface extending outward from the end of a landing strip having the following dimensions and slopes: (i) in the case of an aerodrome open only to aircraft making non‑instrument approaches—the width of the landing strip at the landing strip end; a width of 750 metres at a point 3,000 metres outward from the end of the landing strip and a slope of 1 in 40 rising outward from the end of the landing strip; or (ii) in the case of an aerodrome open to aircraft making instrument approaches—the width of the landing strip at the landing strip end, a width of 1,200 metres at a point 3,000 metres outward from the end of the landing strip and a slope of 1 in 50 rising outward from the end of the landing strip; (c) the surface sloping upwards and outwards from the edge of the surface specified in paragraph (b) to the intersection with the surface specified in paragraph (a) and having a slope of 1 in 7; and (d) the surface sloping upwards and outwards from the boundary of the landing area to the intersection with the surface specified in paragraph (a) and having a slope of 1 in 7. (6) This regulation does not apply to or in relation to an aerodrome referred to in a plan in a Schedule to the Civil Aviation (Buildings Control) Regulations. ## Part 10—Air Traffic Services and other services ### Division 1—Air Traffic Services #### 105 Temporary medical unfitness of holder of licence (1) If: (a) the holder of an ATC licence; or (b) a person referred to in paragraph 65.035(3)(a) or (d) of CASR; suffers an incapacity resulting from illness or injury (even if only a temporary incapacity resulting from a common minor ailment) that is likely to impair his or her efficiency in performing the duties that he or she is licensed or authorised to perform, he or she shall not, during the period of incapacity, perform those duties. 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. #### 115 Medical unfitness of holder of licence Where a person, being: (a) the holder of a flight service licence; or (b) a person referred to in paragraph 65.050(3)(a) or (d) of CASR; suffers an incapacity resulting from illness or injury (even if only a temporary incapacity resulting from a common minor ailment) that is likely to impair his or her efficiency in performing the duties that he or she is licensed or authorised to perform, he or she shall not, during the period of incapacity, perform those duties. ## Part 14—Air service operations ### Division 1—General #### 206 Prescribed purpose—miscellaneous For the purposes of subsection 27(9) of the Act, each of the following is a prescribed purpose: (a) the flying or operation of an aircraft for balloon flying training (within the meaning of subregulation 5.01(1)) that is: (i) for the grant of a balloon flight crew licence or balloon flight crew rating under Part 5; and (ii) conducted for hire or reward; (b) an aerial application operation (within the meaning of regulation 137.010 of CASR) to which Part 137 of CASR applies that is conducted for hire or reward; (c) the operation of a glider involving the carriage of passengers that is conducted for hire or reward. #### 210A Flight time limitations (1) CASA may, in writing, give directions to a licence holder or an aircraft operator about any of the following: (a) the number of hours that a licence holder may fly in any period as a member of the flight crew of an aircraft; (b) the length of each tour of duty undertaken by a licence holder; (c) the length of reserve time for a licence holder; (d) the rest periods that must be taken by a licence holder; (e) the circumstances in which a licence holder must not: (i) fly as a member of the flight crew of an aircraft; or (ii) perform any other duty associated with his or her employment. (2) CASA may, in writing, give directions to an aircraft operator about the circumstances in which an operator must not require a licence holder: (a) to fly as a member of the flight crew of an aircraft; or (b) perform any other duty associated with the holder’s employment. (3) A person commits an offence if: (a) CASA gives the person a direction under subregulation (1) or (2); and (b) the person does not comply with the direction. Penalty: 50 penalty units. (4) An offence against this regulation is an offence of strict liability. (5) In this regulation: > licence holder means the holder of: (a) a flight crew licence, rating or endorsement; or (b) a certificate of validation; or (c) any of the following within the meaning of subregulation 5.01 (1): (i) a balloon class endorsement; (ii) a balloon flight crew rating; (iii) a CAR certificate of validation; (iv) a commercial pilot (balloon) licence; (v) a flight radiotelephone operator licence. > reserve time means a period during which a flight crew member is required by an operator to hold himself or herself available for a tour of duty. > rest period means a period of time during which a flight crew member is relieved by an operator of all duties associated with his or her employment. ### Division 2—Requirements to ensure the safety of commercial operations #### 211 Division 2 not to apply to New Zealand AOC holders with ANZA privileges This Division does not apply in relation to an aircraft operated under a New Zealand AOC with ANZA privileges. #### 212 Operator In this Division, operator means an operator engaging in commercial operations. #### 213 Organisation (1) An operator must provide an adequate organisation, including trained staff, together with workshop and other equipment and facilities in such quantities and at such places as CASA directs in order to ensure that airframes, engines, propellers, instruments, equipment and accessories are properly maintained at all times when they are in use. 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. #### 214 Training of maintenance personnel (1) An operator must ensure that provision is made for the proper and periodic instruction of all maintenance personnel, particularly in connection with the introduction into service of new equipment or equipment with which the maintenance personnel are not familiar, and the training programme shall be subject to the approval of CASA. 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. ### Division 3—Conduct of operations #### 224A Commercial operations carrying passengers—requirements if pilot in command 60 or more (1) The operator and pilot in command of an Australian aircraft each commit an offence if: (a) a flight of the aircraft is a commercial operation; and (b) a passenger is carried on the flight; and (c) the pilot in command of the aircraft is at least 60; and (d) the aircraft is an aircraft of a category mentioned in subregulation (2). Penalty: 50 penalty units. (2) For paragraph (1)(d), the aircraft categories are the following: (a) an aeroplane; (b) a helicopter; (c) a powered‑lift aircraft; (d) a gyroplane; (e) an airship. (3) Subregulation (1) does not apply if: (a) the aircraft: (i) is fitted with fully functioning dual controls; and (ii) has a flight crew that includes a qualified pilot for the aircraft who is not the pilot in command; or (b) the pilot in command complies with the operator’s training and checking system in accordance with regulation 119.170, 138.125 or 142.310 of CASR; or (c) if the pilot in command is less than 65—the pilot in command has met the requirement mentioned in subregulation (4) within one year before the day of the flight; or (d) if the pilot in command is at least 65—the pilot in command has met the requirement mentioned in subregulation (4) within 6 months before the day of the flight. > Note: A defendant bears an evidential burden in relation to the matters in subregulation (3): see subsection 13.3(3) of the Criminal Code. (4) For paragraphs (3)(c) and (d), the requirement is that the pilot in command has successfully completed an operator proficiency check or flight review in an aircraft of the same category or an approved flight simulator for the category of aircraft. (5) An offence against this regulation is an offence of strict liability. (6) In this regulation: > approved flight simulator: see regulation 61.010 of CASR. > category, of aircraft: see regulation 61.010 of CASR. > qualified pilot, for a flight of an aircraft, means the holder of an air transport or commercial pilot licence who: (a) is authorised under Part 61 of CASR to pilot the aircraft; and (b) either: (i) is less than 60; or (ii) meets the requirements of paragraph (3)(b), (c) or (d). #### 235 Take‑off and landing of aircraft etc CASA may, for the purposes of these Regulations, give directions setting out the method of estimating, with respect to an aircraft at anytime: (a) the weight of the aircraft, together with the weight of all persons and goods (including fuel) on board the aircraft, at that time; and (b) the centre of gravity of the aircraft at that time. ### Division 4—General provisions relating to the operation of aircraft #### 262 Carriage of examiners (1) CASA may authorise officers of CASA to undertake examinations, inspections or checks of the work of an aircraft’s crew, the operation of an aircraft or its equipment or of the ground organisation provided by the operator of an aircraft for use by aircraft. (2) An operator must provide an authorised officer with accommodation on aircraft in the following circumstances: (a) on receipt of 7 days’ notice prior to a flight from the officer of his or her intention to travel on that flight; (b) on immediate demand from the officer of his or her intention to travel, if his or her carriage in the aircraft does not mean the off‑loading of a passenger or of cargo being carried in the aircraft on the particular flight concerned; (c) on immediate demand from the officer of his or her intention to travel irrespective of whether his or her carriage in the aircraft means the off‑loading of a passenger or of goods, if the officer considers the circumstances of the case so warrant. Penalty: 10 penalty units. (2A) An offence against subregulation (2) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (3) In every case where the carriage of an officer in the circumstances specified in paragraph (2)(a) or (c) entails a loss of revenue to the owner of the aircraft due to the necessity of providing accommodation which would otherwise have been used for the carriage of a paying passenger or of cargo for which freight would have been charged, the owner shall be paid an amount equivalent to the loss of revenue. ### Division 6—Operating limitations for aircraft certificated in certain categories and experimental aircraft #### 262AK Application of this Division This Division applies to an aircraft for which a special certificate of airworthiness has been issued under Part 21 of CASR. > Note: The kinds of aircraft to which this Division may apply include: (a) restricted, intermediate and primary category aircraft; and (b) provisionally certificated aircraft; and (c) experimental aircraft; and (d) light sport aircraft. #### 262AN Limited category aircraft—approved organisations (1) CASA may, in writing, approve an organisation (a limited category organisation) to perform functions in relation to limited category aircraft if CASA is satisfied that the organisation: (a) is suitable, and has enough suitably qualified and competent personnel, to ensure that the administration of relevant aircraft operations, airworthiness assessments and continuing airworthiness procedures can be properly carried out; and (b) has suitable practices, procedures, limitations and conditions to control the operation of limited category aircraft and ensure that the operational and airworthiness activities that it is to administer are conducted safely; and (c) has a chief executive who has authority and responsibility for ensuring that all activities carried out by the organisation are done with a reasonable degree of care and diligence. (2) However, CASA may approve an organisation only if it has a manual that: (a) is consistent with these Regulations; and (b) documents the practices, procedures, limitations and conditions mentioned in paragraph (1)(b). (3) In particular, the manual must include procedures for the following: (a) approving adventure flight procedures; (b) authorising individuals for the purposes of regulation 132.185 (authorisations to give approvals, certificates and advice for limited category aircraft) of CASR; (c) giving notice under regulation 132.230 (notice to CASA—certain proposed actions by limited category organisation) of CASR; (d) giving the following in relation to limited category aircraft: (i) certificates of airworthiness; (ii) an approval mentioned in regulation 132.030 (approval of modifications and repairs for limited category aircraft) of CASR; (iii) a certificate mentioned in subregulation 132.105(3) (operation of an aircraft that has a major modification or repair for an adventure flight subject to limitations) of CASR; (iv) a certificate stating an airframe life for the aircraft’s airframe given by the administering authority for the aircraft; (v) advice under regulation 132.175 (advice about modifications, repairs, damage etc.) of CASR; (vi) an approval or certificate prescribed by the Part 132 Manual of Standards for the purposes of this paragraph. (4) An approval of a limited category organisation is subject to the condition that the organisation must keep the manual up‑to‑date. (5) CASA must not approve an organisation for the purposes of this regulation unless the organisation is an individual or a body corporate. ## Part 16—Refusal to grant, and suspension and cancellation of, approvals, authorities, certificates and licences #### 263 Interpretation (1) In this Part, unless the contrary intention appears: > approval means: (a) an approval under regulation 262AN; or (b) an approval issued under regulation 145.030 or 147.030 of CASR. > authority means: (a) an airworthiness authority; or (b) an aircraft welding authority; under Division 3 of Part 4. > certificate means: (a) a certificate under Division 3 of Part 4; or (b) a certificate of validation; or (c) a CAR certificate of validation within the meaning of subregulation 5.01(1); or (d) an ASAO certificate. > licence means: (a) an aircraft engineer licence; or (b) a flight crew licence, rating or endorsement; or (c) any of the following within the meaning of subregulation 5.01(1): (i) a balloon class endorsement; (ii) a balloon flight crew rating; (iii) a commercial pilot (balloon) licence; (iv) a flight radiotelephone operator licence. (2) A reference in this Part to a licence or an authority shall be read as including a reference to a rating or other endorsement on a licence or an authority by virtue of which the holder of a licence or an authority so endorsed has under these Regulations specific privileges or authority to exercise or perform specific functions or duties in relation to the operation or maintenance of aircraft. (3) A reference in this Part to variation of a licence or an authority shall be read as including a reference to the inclusion, deletion or alteration of an endorsement on a licence or an authority. #### 264 Refusal to grant certificate under Division 3 of Part 4 CASA must not refuse to grant a certificate under Division 3 of Part 4 except on one or more of the following grounds: (a) that the applicant has failed to satisfy a requirement prescribed by or specified under these Regulations in relation to the grant of the certificate; (b) that the applicant has made in, or in connection with, the application a statement that was false or misleading in a material particular; (c) that a court has made an order under section 30A of the Act in relation to the applicant; (d) in relation to the initial issue of a certificate: (i) that the applicant was the holder of a certificate that was previously cancelled; or (ii) that the applicant is not a fit and proper person to have the responsibilities and exercise and perform the functions and duties of a holder of the certificate. #### 265 Suspension of licence or authority for purpose of examination (1) If: (a) CASA requires the holder of a licence to undergo an examination under regulation 299; or (c) CASA requires the holder of an authority to undergo an examination under regulation 33; CASA may suspend the licence or authority by giving the holder of the licence or authority written notice of the suspension. (2) Where the result of the examination does not show any ground on which the licence or authority may be suspended or cancelled, CASA shall forthwith terminate the suspension of the licence or authority and, by notice in writing served on the holder of the licence or authority, notify the holder that the suspension has been so terminated. (3) Where CASA, upon the result of the examination becoming known, does not terminate the suspension in accordance with subregulation (2) but gives to the holder of the licence or authority a notice under subregulation 269(3), the licence or authority shall remain suspended during the time specified by CASA in that notice as the time within which the holder of the licence or authority may show cause why the licence or authority should not be varied, suspended or cancelled under regulation 269. #### 267 Variation of authority, certificate or licence at request of holder (1) Subject to subregulation (2), CASA may vary a licence or certificate or an authority (other than an aircraft welding authority) in accordance with a request made by the holder of the licence, certificate or authority. (2) Nothing in subregulation (1) shall be taken to require CASA to vary a licence or certificate or an authority in accordance with a request made under that subregulation. #### 269 Variation, suspension or cancellation of approval, authority, certificate or licence (1) Subject to this regulation, CASA may, by notice in writing served on the holder of an approval, authority, certificate or licence (an authorisation), vary, suspend or cancel the authorisation if CASA is satisfied that one or more of the following grounds exists, namely: (a) that the holder of the authorisation has contravened, a provision of the Act or these Regulations, including these regulations as in force by virtue of a law of a State; (b) that the holder of the authorisation fails to satisfy, or to continue to satisfy, any requirement prescribed by, or specified under, these Regulations in relation to the obtaining or holding of such an authorisation; (c) that the holder of the authorisation has failed in his or her duty with respect to any matter affecting the safe navigation or operation of an aircraft; (d) that the holder of the authorisation is not a fit and proper person to have the responsibilities and exercise and perform the functions and duties of a holder of such an authorisation; (e) that the holder of the authorisation has contravened, a direction or instruction with respect to a matter affecting the safe navigation and operation of an aircraft, being a direction or instruction that is contained in Civil Aviation Orders. (1A) CASA must not cancel an authorisation under subregulation (1) because of a contravention mentioned in paragraph (1)(a) unless: (a) the holder of the authorisation has been convicted by a court of an offence against a provision of the Act or these Regulations (including these Regulations as in force by virtue of a law of a State) in respect of the contravention; or (b) the person was charged before a court with an offence against a provision of the Act or these Regulations (including these Regulations as in force by virtue of a law of a State) in respect of the contravention and was found by the court to have committed the offence, but the court did not proceed to convict the person of the offence. (2) A notice under subregulation (1) shall set out the grounds for the decision. (3) Before taking action under this regulation to vary, suspend or cancel an authorisation, CASA must: (a) give notice, in writing, to the holder of the authorisation of the facts and circumstances that, in the opinion of CASA, warrant consideration being given to the variation, suspension or cancellation of the authorisation under this regulation; and (b) allow the holder of the authorisation to show cause, within such time as CASA specifies in that notice, why the authorisation should not be varied, suspended or cancelled under this regulation. (4) The time specified by CASA in the notice under subregulation (3) as the time within which the holder of the authorisation may show cause why the authorisation should not be varied, suspended or cancelled under this regulation shall be a time that is reasonable in all of the circumstances of the particular case. (5) A reference in this regulation to these Regulations is a reference to these Regulations other than Subparts 99.C and 99.E of CASR. #### 270 Effect of effluxion of time for suspension of approval, authority, certificate or licence (1) Where an approval, authority, certificate or licence (an authorisation) is suspended under this Part, the authorisation has no force or effect for the duration of the suspension, but the period of currency of the authorisation continues to run. (2) Where the period for which an authorisation is suspended is a period expiring after the expiration of the current period of the authorisation, the holder of the authorisation is not eligible for renewal of the authorisation until the period of suspension has expired. #### 272A Effect of suspension of approval, authority, certificate or licence If CASA suspends an approval, authority, certificate or licence (an authorisation), its holder is taken not to be the holder of the authorisation during the period of the suspension. ## Part 17—Penal provisions and prosecutions ### Division 1—Penal provisions #### 282 Offences in relation to licences, certificates and authorities (1) A person shall not, if the person is not specially permitted by or under these Regulations, perform any duty or exercise any function or do any act for which: (a) a licence; (b) a certificate; or (c) a rating or other endorsement on a licence or certificate; is required under these Regulations, without holding: (d) the appropriate licence or certificate; or (e) a licence or certificate containing the appropriate rating or other endorsement. Penalty: 50 penalty units. (2) Where a licence or certificate is suspended, or a rating or other endorsement on a licence or certificate is suspended or cancelled, under these Regulations, the person to whom the licence or certificate was granted shall not, for the purposes of subregulation (1) be deemed to be the holder of the licence or certificate or a licence or certificate containing the rating or other endorsement, as the case may be, during the period of suspension or cancellation. (3) A person shall not purport to give a certificate, or to issue a document, for the purposes of these Regulations if he or she is not authorised under these Regulations to do so. Penalty: 50 penalty units. (4) The holder of a licence, a certificate, an airworthiness authority or an aircraft welding authority shall not: (a) negligently perform a duty that he or she is qualified to perform under the terms of the licence, certificate, airworthiness authority or aircraft welding authority; or (b) issue a certificate that he or she is required or empowered to issue under these Regulations without ensuring that all matters certified therein are true and correct in every material particular. Penalty: 25 penalty units. (5) An offence against subregulation (1) or (2) or paragraph (4)(b) is an offence of strict liability. > Note: For strict liability see section 6.1 of the Criminal Code. #### 287 Power of Court to order returns etc to be furnished Where any person is convicted of an offence under these Regulations for failure to furnish any return or to comply with a notice to surrender a document, the Court before which he or she is convicted may, in addition to imposing any pecuniary or other penalty, order the defendant to furnish the return or surrender the document, as the case may be. #### 288 Detention of aircraft (1) Where it appears to CASA that any aircraft is intended or likely to be flown in such circumstances that the flight would involve an offence against these Regulations or be a cause of danger to persons in the aircraft or to persons or property on the ground, CASA may take such action by way of detention of the aircraft or such other action as is necessary for the purpose of causing the circumstances relating to the flight to be investigated or the aircraft to be inspected. (2) Where an aircraft has been detained in pursuance of subregulation (1), the aircraft shall not be used until CASA, being satisfied that these Regulations are being complied with, approves, or until such alterations or repairs as CASA considers necessary to render the aircraft fit for flight have been made. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. #### 289 Creation of fire hazard (1) Subject to these Regulations, a person shall not smoke or do any act to procure a naked flame within 15 metres of an aircraft or in any part of an aerodrome in which a notice indicates that smoking is prohibited. Penalty: 10 penalty units. (2) A person shall not do any act likely to create a fire hazard endangering an aircraft or an aerodrome. Penalty: 10 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. (3) Nothing in this regulation applies in relation to an act done at a Federal airport. #### 290 Firearms—Federal airports An authorised person may, for a purpose relating to the safety of air navigation, discharge a firearm upon or over any part of a Federal airport. #### 291 Stationary aircraft within precincts of an aerodrome (1) A person may leave a stationary aircraft standing within the precincts of an aerodrome at which air traffic control is in operation, only if: (a) the aircraft is standing in an area that is designated to be an area for the parking of aircraft of a kind to which that aircraft belongs; or (b) air traffic control has given permission for the aircraft to be left standing in that area. Penalty: 5 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. #### 292 Aircraft on movement area to be reported (1) If, for any reason, an aircraft: (a) is left standing on the movement area of an aerodrome; or (b) is left standing on any other area of an aerodrome so as to constitute a hazard to aircraft operations; the pilot in command of the aircraft shall forthwith report the fact that the aircraft is standing on the movement area or other area of the aerodrome to air traffic control or the nearest radio communication station. 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. (2) A report under subregulation (1) shall be in addition to a notification or report required under the Air Navigation Regulations. (3) In this regulation, radio communication station means a radio station established or authorised for the purpose of radio communication with aircraft and designated by CASA as a radio communication station in Aeronautical Information Publications. (4) A reference in this regulation to an aerodrome shall be read as including a reference to an aerodrome under the control of a part of the Defence Force, being an aerodrome in respect of which an arrangement under section 20 of the Act is in force. #### 293 Removal of aircraft from movement area (1) Where, in the opinion of CASA, it is necessary, in the interests of safety or to expedite or maintain an orderly flow of air traffic, to remove an aircraft from any part of an aerodrome or to move an aircraft from one part of the movement area of an aerodrome to another, CASA may authorise a person, with such assistance (if any) as is necessary and reasonable, to so remove or move the aircraft, and the officer shall remove or move the aircraft accordingly. (2) CASA or a person who assists in the removal of an aircraft under subregulation (1) shall not be liable for any damage which occurs to the aircraft by reason of its removal in pursuance of an authorisation given under that subregulation. (3) A reference in this regulation to an aerodrome shall be read as including a reference to an aerodrome under the control of a part of the Defence Force, being an aerodrome in respect of which an arrangement under section 20 of the Act is in force. #### 294 Prohibition of entry etc on prohibited area (1) A person must not: (a) enter or remain within a prohibited area in an aerodrome; (b) bring or leave any property on a prohibited area within an aerodrome; (c) operate any vehicle on a prohibited area within an aerodrome; (d) bring any animal or bird on to a prohibited area within an aerodrome; or (e) permit any animal or bird under his or her possession or control to trespass on a prohibited area within an aerodrome. Penalty: 5 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. (2) Where: (a) a person contravenes paragraph (1)(a), (b), (c) or (d); or (b) any property, vehicle, animal or bird is found in contravention of paragraph (1)(b), (c), (d) or (e); any authorised person may apprehend and remove that person, property, vehicle, animal or bird, as the case may be, without being deemed guilty of any act of trespass. (3) In this regulation: > authorised person means an officer or employee of CASA, a member of the Defence Force, a constable, an aerodrome operator, a person authorised by the aerodrome operator, or the pilot in command of an aircraft. > prohibited area, in relation to an aerodrome, means any part of the aerodrome upon which is posted a notice relating to that part of the aerodrome, being a notice to the effect that trespassing upon that part of the aerodrome is prohibited and purporting to have been posted with the authority of CASA. ### Division 2—Prosecutions #### 296 Time for commencing prosecutions (1) A prosecution in respect of any offence against these Regulations may be commenced at any time within 3 years after the commission of the offence. (2) For the purposes of subregulation (1), time shall be deemed not to run during any period after the commission of an offence and before the institution of proceedings in respect thereof for which the defendant is outside Australian territory. ### Division 3—Infringement notices #### 296A Definitions for Division 3 of Part 17 In this Division: > infringement notice means a notice served under regulation 296B. > prescribed offence means an offence under these Regulations. > Note: Subregulation 2C(1) provides that CASR is to be read with, and as if it formed part of, CAR. > prescribed penalty, for a prescribed offence, means: (a) if the maximum penalty for the offence is 5 or 10 penalty units—a penalty of 1 penalty unit; or (b) if the maximum penalty for the offence is 15, 20 or 25 penalty units—a penalty of 3 penalty units; or (c) if the maximum penalty for the offence is more than 25 penalty units—a penalty of 5 penalty units. #### 296B When can an infringement notice be served? If an authorised person has reason to believe that a person has committed a prescribed offence, he or she may serve on the person an infringement notice in accordance with this Division. #### 296C Can an infringement notice be withdrawn? (1) An authorised person may withdraw an infringement notice served on a person (in this regulation called the recipient) by serving written notice of the withdrawal on the recipient: (a) within 28 days after the date of service of the infringement notice; or (b) if an authorised person allows the recipient a further period of time in which to pay the prescribed penalty for the offence mentioned in the notice—before the end of the further period. (2) Without limiting the generality of subregulation (1), the authorised person may withdraw the infringement notice after taking into account: (a) whether the recipient has previously been convicted of an offence against these Regulations; or (b) the circumstances in which the offence specified in the notice is alleged to have been committed; or (c) whether an infringement notice has previously been served on the recipient in relation to an offence of the same type as the offence specified in the notice and in relation to which the recipient paid the prescribed penalty; or (d) any other relevant matter. (3) If: (a) the recipient pays the prescribed penalty within 28 days after the date of service of the notice, or within any further period (not being more than 28 days) allowed by an authorised person (whether before or after the end of the first 28 day period); and (b) the notice is withdrawn after the recipient pays the penalty; CASA must refund to the recipient an amount equal to the amount paid. #### 296D How are infringement notices and withdrawals of notices to be served? An authorised person may serve an infringement notice, or a notice of withdrawal of an infringement notice: (a) on an individual: (i) by giving it to the individual personally; or (ii) by leaving it at, or by sending it by post to, the address of the place of residence or business of the individual that is last known to the authorised person; or (iii) by giving it, at the place of residence or business of the individual that is last known to the authorised person, to a person who is, or is reasonably believed by the authorised person to be, above the age of 16 years and apparently an occupant of, or employed at, the place; and (b) on a body corporate: (i) by sending it by post to the head office, registered office, principal office or other postal address of the body corporate; or (ii) by giving it to a person who is, or is reasonably believed by the authorised person to be: (A) an officer of, or in the service of, the body corporate; and (B) above the age of 16 years; at the head office, registered office, principal office or other place of business of the body corporate. #### 296E What must be included in an infringement notice? (1) An infringement notice must: (a) specify the name of the authorised person by whom, or on whose behalf, the notice is served; and (b) state the name and address of the person on whom the notice is served; and (ba) state the prescribed offence that the person is alleged to have committed, identifying the provision of these Regulations that the person is alleged to have contravened; and (c) specify when and where the offence is alleged to have been committed; and (ca) state the amount of the prescribed penalty for the offence; and (d) notify the person on whom it is served that, if he or she does not wish the matter to be dealt with by a court, he or she may pay the amount of the prescribed penalty within 28 days after the date of service of the notice, or within any further period (not being more than 28 days) allowed by an authorised person (whether before or after the end of the first 28 day period); and (e) specify where and how the prescribed penalty may be paid. (2) An infringement notice may contain any other matters that CASA considers necessary. #### 296F What happens if you pay the prescribed penalty? If: (a) an infringement notice is served on a person; and (b) the person pays the prescribed penalty for the offence mentioned in the notice within 28 days after the date of service of the notice, or within any further period (not being more than 28 days) allowed by an authorised person (whether before or after the end of the first 28 day period); and (c) the infringement notice is not withdrawn; then: (d) any liability of the person in respect of the offence specified in the notice is taken to be discharged; and (e) further proceedings cannot be taken against the person for the offence; and (f) the person is not regarded as having been convicted of the offence. #### 296G Evidentiary matters (1) At the hearing of a prosecution for an offence specified in an infringement notice, a certificate signed by an authorised person that states: (a) that the authorised person did not allow further time under paragraph 296F(b) for payment of the prescribed penalty for the offence; and (b) that the penalty has not been paid in accordance with the notice within 28 days after the date of service of the notice; is evidence of those matters. (2) At the hearing of a prosecution for an offence specified in an infringement notice, a certificate signed by an authorised person and stating: (a) that the authorised person allowed, under paragraph 296F(b), the further time specified in the certificate for payment of the prescribed penalty for the offence mentioned in the notice; and (b) that the penalty has not been paid in accordance with the notice or within the further time allowed; is evidence of those matters. (3) At the hearing of a prosecution for an offence specified in an infringement notice, a certificate signed by an authorised person and stating that the notice was withdrawn on a day specified in the certificate is evidence of that fact. (4) A certificate that purports to have been signed by an authorised person is taken to have been signed by that person unless the contrary is proved. #### 296H Can there be more than one infringement notice for the same offence? This Division does not prevent the service of more than one infringement notice on a person for the same offence, but regulation 296F applies to the person if the person pays the prescribed penalty in accordance with one of the infringement notices. #### 296I What if payment is made by cheque? If a cheque is offered to CASA as payment of all or part of the amount of a prescribed penalty, payment is taken not to have been made unless the cheque is honoured upon presentation. #### 296J This Division does not prevent a matter being prosecuted in a court and does not mean that an infringement notice must be served in all cases Nothing in this Division: (a) requires an infringement notice to be served on a person in relation to a prescribed offence; or (b) affects the liability of a person to be prosecuted for a prescribed offence if the person does not comply with an infringement notice; or (c) affects the liability of a person to be prosecuted for a prescribed offence if an infringement notice is not served on the person in relation to a prescribed offence; or (d) limits the amount of the fine that may be imposed by a court on a person convicted of a prescribed offence. ## Part 18—Evidence #### 297 Evidence (1) CASA may, in writing, certify that: (a) a document required to be surrendered to CASA in accordance with a notice in writing under regulation 301 has not been so surrendered; (b) a document annexed to the certificate is a true copy of the text of the Chicago Convention or of an annex adopted in pursuance of the Convention; or (c) a document annexed to the certificate is a true copy of a Civil Aviation Order, AIP, NOTAM, licence, certificate, permit, direction, authority, notice, order, approval or other document published, given or issued under these Regulations. (2) CASA, in a certificate under paragraph (1)(c), may certify that the document of which the document annexed to the certificate is certified to be a true copy was, on a specified date or between specified dates, posted to: (a) the defendant in a prosecution for an offence against these Regulations or in any proceedings for the recovery of moneys under these Regulations; or (b) the applicant or other specified person in any review, investigation or inquiry conducted or made under these Regulations. (3) CASA, or the officer having custody of the appropriate records of CASA, may, in writing, certify that, during a specified period or on a specified date: (a) a person was or was not licensed; (b) an aircraft was or was not registered; (c) a certificate of airworthiness of an aircraft had or had not been issued, was valid or invalid for the purposes of these Regulations or was subject to specified conditions; (e) a place was or was not any of the following: (i) a certified aerodrome; (ii) an aerodrome registered under Part 139 before the commencement of the Civil Aviation Safety Amendment (Part 139) Regulations 2019; (iii) licensed for use as an aerodrome; (iv) authorised for use as an aerodrome; (f) a permit, direction, authority, notice, order or approval required under these Regulations had or had not been issued under these Regulations; or (g) a licence or certificate issued under these Regulations was or was not suspended, cancelled or endorsed with a specified endorsement. (4) In all courts and in any review, investigation or inquiry conducted or made under these Regulations, a certificate purporting to have been given under this regulation: (a) shall, unless the contrary is proved, be deemed to be a certificate given by a person empowered by this regulation to give the certificate; and (b) is evidence of the facts stated in the certificate, and, in the case of a certificate certifying that a document was posted to the defendant in a prosecution for an offence against these Regulations or an applicant or a specified person in any review, investigation or inquiry conducted or made under these Regulations, is evidence that the document was received by the defendant, applicant or specified person on or about the time at which it would have been received in the ordinary course of post. (5) For the purposes of establishing liability to charges as defined by section 66 of the Act, a flight by an aircraft may be identified by documentation that includes: (a) a flight strip summary, being a document known by that description issued by CASA for the purpose of enabling officers of CASA to compile records of aircraft movements in relation to aerodromes; (b) messages extracted from the message switching system known as the Aeronautical Fixed Telecommunication Network as referred to in Annex 10 to the Chicago Convention; (c) the flight plan submitted to air traffic control by the pilot in command of the aircraft; and (d) an invoice, being an invoice containing a printout of computerised records of each flight to which the invoice relates. ## Part 19—Miscellaneous #### 297A Review of decisions Decisions made by CASA (1) An application may be made to the Administrative Review Tribunal for the review of a decision of CASA mentioned in table 297A. ```html <table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="3" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">Table 297A Reviewable decisions</td></tr><tr><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">Item</td><td style="width:88.06%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">A decision...</td></tr></thead><tbody><tr><td colspan="2" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">1</td><td style="width:88.06%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">under regulation 30A refusing to approve a change to a certificate of approval</td></tr><tr><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">2</td><td style="width:88.06%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">under regulation 33B:(a) refusing to issue an airworthiness authority; or(b) issuing an airworthiness authority subject to conditions</td></tr><tr><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">3</td><td style="width:88.06%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">under regulation 33D refusing to grant an aircraft welding authority</td></tr><tr><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">4</td><td style="width:88.06%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">under regulation 33G refusing to renew an aircraft welding authority</td></tr><tr><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">5</td><td style="width:88.06%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">under regulation 33H refusing to approve a change to an aircraft welding authority</td></tr><tr><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">6</td><td style="width:88.06%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">under regulation 33I imposing a condition on an aircraft welding authority</td></tr><tr><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">7</td><td style="width:88.06%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">under regulation 42M refusing to approve a system of maintenance</td></tr><tr><td style="width:11.8%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">8</td><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">under regulation 42R refusing to approve a change to an approved system of maintenance</td></tr><tr><td style="width:11.8%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">9</td><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">under regulation 42R modifying a change to an approved system of maintenance and approving the modified change</td></tr><tr><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">10</td><td style="width:88.06%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">under regulation 42ZG refusing to approve a system of certification of completion of maintenance</td></tr><tr><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">11</td><td style="width:88.06%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">under regulation 42ZK refusing to approve a change to a system of certification of completion of maintenance</td></tr><tr><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">12</td><td style="width:88.06%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">under regulation 42ZS:(a) refusing to grant an exemption from, or a variation of, a requirement to which Division 7 of Part 4A applies; or(b) granting or approving the exemption or variation subject to conditions</td></tr><tr><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">13</td><td style="width:88.06%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">under regulation 42ZW:(a) refusing to approve the appointment of a person as a maintenance controller; or(b) approving the appointment of a person as a maintenance controller subject to conditions</td></tr><tr><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">14</td><td style="width:88.06%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">under regulation 42ZX suspending or cancelling the approval of a person’s appointment as a maintenance controller</td></tr><tr><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">15</td><td style="width:88.06%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">under regulation 5.14 refusing to issue or renew a balloon flight crew rating</td></tr><tr><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">16</td><td style="width:88.06%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">under regulation 5.20 revoking a person’s approval to give balloon flying training for the issue of a balloon flight crew rating</td></tr><tr><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">18</td><td style="width:88.06%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">under regulation 5.23 refusing to issue a balloon class endorsement (within the meaning given by subregulation 5.01(1))</td></tr><tr><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">22</td><td style="width:88.06%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">under regulation 5.58 revoking an approval of a person’s appointment as a chief balloon flying instructor</td></tr><tr><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">31</td><td style="width:88.06%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">under regulation 262AN refusing to approve an organisation in relation to a limited category aircraft</td></tr><tr><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">32</td><td style="width:88.06%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">under regulation 265 suspending a licence or authority (within the meaning given by subregulation 263(1))</td></tr><tr><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">33</td><td style="width:88.06%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">under regulation 269 varying, suspending or cancelling an approval, authority, certificate or licence (within the meaning given by subregulation 263(1))</td></tr><tr><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">34</td><td style="width:88.06%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">under subregulation 298A(4) that CASA is satisfied that a person has committed an act mentioned in subregulation 298A(1)</td></tr><tr style="height:0pt"><td style="width:50.3pt"></td><td style="width:0.6pt"></td><td style="width:375.45pt"></td></tr></tbody></table> ``` Decisions made by authorised persons (2) An application may be made to the Administrative Review Tribunal for the review of a decision that is: (a) mentioned in item 7, 8, 11 or 12 of table 297A; and (b) made by a person who is an authorised person for the provision under which the decision is made. > Note: Section 266 of the Administrative Review Tribunal Act 2024 requires a person who makes a reviewable decision to give a person, whose interests are affected by the decision, notice of: (a) the making of the decision; and (b) the person’s right to have the decision reviewed. #### 298A Cheating by examination candidates (1) CASA may give written notice to a person who attempted a prescribed examination if it believes on reasonable grounds that the person has committed any of the following acts without CASA’s permission: (a) copied any part of the examination paper; (b) removed: (i) any part of the examination paper; or (ii) a copy of any part of the examination paper; from the place where the person attempted the examination; (c) given to another person: (i) any part of the examination paper; or (ii) a copy of any part of the examination paper; or (iii) any information about the questions contained in the examination paper, being information that might give anyone an unfair advantage in the examination; (d) before the examination—knowingly received from another person, or otherwise knowingly obtained possession of: (i) any part of the examination paper; or (ii) a copy of any part of the examination paper; or (iii) any information about the questions contained in the examination paper, being information that might give the person an unfair advantage in the examination; (e) before or during the examination—knowingly received from another person, or otherwise knowingly obtained possession of: (i) any part of the model answer; or (ii) a copy of any part of the model answer; or (iii) any information about the content of the model answer; (f) during the examination: (i) helped another person to complete any part of the examination; or (ii) received help from another person to complete any part of the examination; or (iii) used any material or aid that CASA does not permit to be used; or (iv) read the examination work of another person attempting the examination; (g) caused or assisted the commission of, or attempted, any act referred to in paragraph (a), (b), (c), (d), (e) or (f). > Note: For definitions of expressions used in this subregulation see subregulation (8). (2) CASA must set out in a notice under subregulation (1): (a) the act which CASA believes the person has committed; and (b) the grounds for the belief. (3) If CASA notifies a person under subregulation (1), the person may, within the period of 14 days after the day on which the person received the notice, make reasonable representations to CASA explaining why the person believes that he or she has not committed the act mentioned in the notice. (4) If: (a) CASA notifies a person under subregulation (1); and (b) the period of 14 days after the day on which the person received the notice has ended; and (c) after taking into account any representations, CASA is satisfied that the person has committed the act mentioned in the notice; CASA must notify the person of its decision. > Note: Regulation 297A provides that a decision by CASA that it is satisfied as mentioned in subregulation 298A(4) is reviewable by the Administrative Review Tribunal. (5) If CASA notifies a person under subregulation (4), the person: (a) is taken not to have passed the examination; and (b) is not permitted to attempt any prescribed examination for a period of one year from the day of the first‑mentioned examination. (6) For the purposes of subregulation (1), a person attempts a written examination if the person: (a) attends the place where the examination is held at any time during the examination; and (b) receives the examination paper, or any part of it, from the person conducting the examination. (7) For the purposes of subregulation (1), a person attempts a practical examination if the person: (a) attends the place where the examination is held; and (b) begins carrying out an activity required by the examination. (8) In this regulation: > authorisation means an airworthiness authority or an aircraft welding authority. > certificate means: (a) a certificate under Division 3 of Part 4; or (c) a certificate of validation; or (d) a CAR certificate of validation within the meaning of subregulation 5.01(1). > endorsement means: (a) an endorsement under Division 3 of Part 4; or (b) a flight crew endorsement; or (ba) a balloon class endorsement within the meaning of subregulation 5.01(1); or (c) an endorsement under Part 65 of CASR. > examination paper means all of the documents provided by the person conducting a written examination to persons attempting the examination. > licence means: (a) a licence under Division 3 of Part 4; or (b) a flight crew licence; or (ba) a balloon flight crew licence within the meaning of subregulation 5.01(1); or (c) a licence under Part 65 of CASR. > model answer, in relation to an examination, means a document which sets out the correct, or suggested, answers to the questions set out in the examination paper. > practical examination means an examination that requires a person to demonstrate his or her ability to carry out a particular activity to a particular standard. > prescribed examination means an examination conducted for the purpose of the issue or renewal of a licence, certificate, authorisation, rating or endorsement. > rating means: (a) a flight crew rating; or (aa) a balloon flight crew rating within the meaning of subregulation 5.01(1); or (b) a rating under Part 65 of CASR. > written examination means an examination that requires answers to be given in writing and includes an examination that sets out multiple choice answers to each question. #### 298B Examination misconduct by persons other than examination candidates (1) Without the approval of CASA, a person, other than an examination candidate to whom subregulation 298A(1) applies, must not: (a) copy any part of an examination paper or model answer; or (b) give to any person: (i) any part of an examination paper or model answer; or (ii) a copy of any part of an examination paper or model answer; or (iii) any information about the questions contained in an examination paper, being information that might give anyone an unfair advantage in an examination; or (iv) any information about the content of a model answer; or (c) receive from any person, or otherwise obtain possession of: (i) any part of an examination paper or model answer; or (ii) a copy of any part of an examination paper or model answer; or (iii) any information about the questions contained in an examination paper, being information that might give anyone an unfair advantage in an examination; or (iv) any information about the content of a model answer; or (d) help another person to complete any part of an examination during the examination; or (e) cause or assist the commission of, or attempt, any act referred to in paragraph (a), (b), (c) or (d). Penalty: 50 penalty units. (1A) Strict liability applies to paragraphs (1)(a), (b) and (d). > Note: For strict liability, see section 6.1 of the Criminal Code. (2) In this regulation: > examination paper has the same meaning as in regulation 298A. > model answer has the same meaning as in regulation 298A. #### 298C Personation at examinations (1) A person must not personate an examination candidate at a prescribed examination. Penalty: 50 penalty units. (2) If a person is charged with an offence against subregulation (1), both the personator and the candidate are taken not to have passed the examination. (3) If a person is charged with an offence against subregulation (1): (a) the personator; and (b) unless CASA is satisfied that the personation took place without the candidate’s knowledge or consent—the candidate; are not permitted to attempt any prescribed examination: (c) unless the person is acquitted of the offence; or (d) unless the charge is withdrawn; or (e) until a period of one year has passed from the date of the examination to which the charge related; whichever happens first. (4) In spite of subregulation (2), if: (a) a person who attempted an examination is charged with an offence against subregulation (1); and (b) either: (i) the person is acquitted of that offence; or (ii) the charge is withdrawn; and (c) the mark obtained by the person in the examination is more than, or equal to, the pass mark for the examination; the person is taken to have passed the examination. (5) In this regulation: > offence against subregulation (1) includes: (a) an offence against section 11.1 or 11.4 of the Criminal Code in relation to an offence against that subregulation; and (b) an offence against subregulation (1) because of the operation of section 11.2 or 11.3 of the Criminal Code. (6) In this regulation: > personator means a person alleged to have personated a candidate. > prescribed examination has the same meaning as in regulation 298A. #### 298D Person not permitted to sit examination until Tribunal decides (1) If a person applies under subregulation 297A(2) for review of CASA’s decision that it is satisfied as mentioned in subregulation 298A(4), the person is not permitted to attempt any prescribed examination: (a) unless the Administrative Review Tribunal decides the application in favour of the applicant; or (b) until a period of one year passes from the date of the examination to which the application relates; whichever happens first. (2) In this regulation: > prescribed examination has the same meaning as in regulation 298A. #### 298E Sitting examination when not permitted (1) If: (a) a person is not permitted to attempt a prescribed examination because of subregulation 298A(5), 298C(3) or 298D(1); and (b) the person attempts a prescribed examination; the person is taken not to have passed the examination. (2) In this regulation: > prescribed examination has the same meaning as in regulation 298A. #### 299 Further examination of holders of flight crew licences etc. (1) This regulation applies to the holder of any of the following: (a) a flight crew licence, rating or endorsement; (b) a certificate of validation; (c) any of the following within the meaning of subregulation 5.01(1): (i) a balloon class endorsement; (ii) a balloon flight crew rating; (iii) a CAR certificate of validation; (iv) a commercial pilot (balloon) licence; (v) a flight radiotelephone operator licence. (2) If CASA considers it necessary in the interests of the safety of air navigation, CASA may give the holder a notice in writing: (a) requiring the holder to undertake an examination specified by CASA to demonstrate that the holder continues to possess the aeronautical skills and aeronautical knowledge appropriate to the licence, rating, endorsement or certificate; and (b) setting out the reasons for CASA’s decision; and (c) setting out the time and place of the examination. > Note: A decision to require a person to undertake an examination is reviewable by the Administrative Review Tribunal: see regulation 297A. (3) CASA must not set out a time under paragraph (2)(c) that is within 21 days after the date of the notice. (4) A person who is given a notice under subregulation (2) commits an offence if the person: (a) refuses to undertake an examination; or (b) fails to attend at the time and place set out in the notice. Penalty: 50 penalty units. (5) An offence against this regulation is an offence of strict liability. #### 301 Surrender of documents (1) The holder of a licence, certificate or other document issued, or required to be kept, under these Regulations, or a person having the custody of a licence, certificate or other document issued, or required to be kept, under these Regulations, shall, if CASA by notice in writing so requires, surrender the licence, certificate or document to CASA within such time as is specified in the notice. Penalty: 5 penalty units. (1A) In subregulation (1), a reference to a document that is required to be kept under these Regulations includes a document that is required to be kept under: (a) a Civil Aviation Order; or (b) a Manual of Standards; or (c) another document that is required to be kept under these Regulations. (2) A person must not engage in conduct that results in the destruction, mutilation or defacement of a document that the person is required to surrender to CASA. Penalty: 10 penalty units. (3) An offence against subregulation (1) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. #### 302 Production of licences (1) Any person required under these Regulations to be the holder of a licence, other than a flight crew licence, shall, on demand by an authorised person, produce the licence for inspection by the authorised person. Penalty: 5 penalty units. (2) The owner or pilot in command of any aircraft shall, on demand, produce or cause to be produced for inspection by an authorised person, any certificates, licences, log books or other documents relating to the aircraft and, if it carries passengers or cargo, the list of names of the passengers or the bills of lading and the manifest, as the case may be. Penalty: 5 penalty units. (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. #### 303 Conditions subject to which licences or certificates are granted (1) Wherever CASA is empowered under these Regulations to grant or issue a licence or certificate upon or subject to conditions, CASA may, unless the contrary intention appears, specify and notify in Civil Aviation Orders, or a Manual of Standards, or both, any such conditions that are to be of general application to a specified class of licences or certificates (which may include licences or certificates granted or issued before the notification) and any conditions so notified shall be deemed to be conditions of every licence or certificate of that class. (2) In this regulation: > licence includes: (a) a flight crew rating or endorsement; or (b) a balloon flight crew rating or balloon class endorsement within the meaning of subregulation 5.01(1). #### 304 Directions and instructions—section 23 of the Act (1) CASA may give or issue directions or instructions to all or any of the persons holding permissions under section 23 of the Act, being directions or instructions with respect to matters affecting the safe navigation and operation, or the maintenance, of aircraft. (2) A person must not contravene a direction or instruction. Penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. #### 305 Access of authorised persons (1) Subject to any aviation security requirements, an authorised person shall, at all reasonable times, have access to any place to which access is necessary for the purpose of carrying out any powers and functions vested in him or her in pursuance of these Regulations, and, in particular: (a) must have access at all times to an aerodrome for the purpose of inspecting the aerodrome; and (b) must have access at all times during working hours to: (i) premises at which an activity authorised by a civil aviation authorisation is being carried out; and (ii) any documents or drawings associated with the activity; and (c) shall, at all reasonable times, have access to any aircraft for the purpose of inspecting the aircraft. (1A) A person must not prevent, or hinder, access by an authorised person to any place to which access is necessary for the purpose of carrying out any of the authorised person’s powers or functions under these Regulations. Penalty: 50 penalty units. (1B) An offence against subregulation (1A) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (2) An authorised person must produce his or her identity card for inspection: (a) while acting as an authorised person; and (b) if asked to do so by the occupier or person in charge, or apparently in charge, of the place or thing to which access is sought. (3) Where an authorised person: (a) is acting as an authorised person; and (b) seeks or is allowed access to a place or thing specified in subregulation (1); and (c) fails to produce his or her identity card for inspection when asked to do so; that person is not authorised to access under that subregulation and, if access has been given to that person, that access is to be terminated. #### 306 Liability for damage to aircraft during official tests CASA or an officer shall not be liable for any loss or damage to an aircraft which occurs while the aircraft is in the custody of CASA for the purpose of official flying trials or other official tests, or in the course of transit to and from the place fixed for those trials or tests, or during any inspection by an officer in pursuance of these Regulations. ## Part 20—Transitional provisions ### Division 1—Transitional provisions—miscellaneous #### 312 Definition In this Part: > original regulations means these Regulations as in force immediately before 1 October 1998. #### 313 Transitional: certificates of type approval (3) A certificate of type approval for an aircraft component (other than an aircraft engine or propeller) that was in force under regulation 22 immediately before 1 October 1998 continues in force, and has the effect it would have if the original regulations were still in force. (4) A certificate of type approval continued in force under this regulation remains subject to any condition to which it was subject immediately before 1 October 1998. (5) If the suspension of a certificate of type approval continued in force under this regulation was in force under regulation 22D immediately before 1 October 1998, the suspension continues as if the original regulations were still in force. (6) If an application for a certificate of type approval for an aircraft component (other than an aircraft engine or propeller) was made before 1 October 1998 but CASA had not decided the application before that day, CASA must deal with the application as if the original regulations were still in force. (8) The original regulations apply as if they were still in force to a certificate of type approval for an aircraft component (other than an aircraft engine or propeller) issued on an application mentioned in subregulation (6). #### 314 Transitional: certificates of airworthiness (5) If an application for the validation of a certificate of airworthiness issued by the appropriate authority of a Contracting State was made before 1 October 1998 but CASA had not decided the application before that day, CASA must deal with the application as if the original regulations were still in force. #### 315 Transitional: suspension of a certificate of airworthiness If the suspension of a certificate of airworthiness was in force under regulation 26 immediately before 1 October 1998, the suspension continues as if the original regulations were still in force. #### 318 Transitional: certificates of approval (1) A certificate of approval for the manufacture of aircraft, aircraft components or aircraft materials that was in force under regulation 30 on 30 November 1998: (a) continues in force for 5 years after 30 November 1998; and (b) has the effect during that period that it would have if the original regulations were still in force; and (c) for Subparts 21.H and 21.L of CASR—has the same effect during that period as a production certificate issued under regulation 21.134 of CASR. (2) A certificate of approval for manufacture continued in force under subregulation (1) remains subject to any condition to which it was subject immediately before 1 December 1998. (3) If an application for a certificate of approval for the manufacture of aircraft, aircraft components or aircraft materials was made under subregulation 30(1) before 1 December 1998 but CASA had not decided the application before that day, CASA must deal with the application as if the original regulations were still in force. (4) If a request under regulation 30A for approval of a proposed change to any of the particulars stated in a certificate that has been continued under subregulation (1) was made before 1 December 1998 but CASA had not decided the request before that day, CASA must deal with the request as if the original regulations were still in force. #### 319 Transitional: approval to manufacture amateur‑built aircraft (1) An approval to manufacture an amateur‑built aircraft that was in force under subparagraph 24(2)(b)(ii) immediately before 1 December 1998 continues in force, and has the effect that it would have if the original regulations were still in force. (2) An approval continued in force under subregulation (1) remains subject to any condition to which it was subject immediately before 1 December 1998. (3) If an application for approval to manufacture an amateur‑built aircraft mentioned in subparagraph 24(2)(b)(ii) was made before 1 December 1998 but CASA had not decided the application before that day, CASA must deal with the application as if the original regulations were still in force. #### 320 Transitional: suspension of certificate of approval If the suspension of a certificate of approval for manufacture was in force under regulation 265, 268 or 269 immediately before 1 December 1998, the suspension continues as if the original regulations were still in force. #### 321 Transitional: notices of events A notice under regulation 30B that was in force immediately before 1 December 1998 continues in force, and has the effect that it would have if the original regulations were still in force. #### 325 References to Parts, Divisions or Subdivisions renumbered by Civil Aviation Amendment Regulations 1999 (No. 6) A reference in an instrument made before 22 December 1999 to a Part, Division or Subdivision renumbered by the Civil Aviation Amendment Regulations 1999 (No. 6) is a reference to the Part, Division or Subdivision as so renumbered. ### Division 2—Transitional provisions relating to Parts 42, 66, 145 and 147 of CASR #### 328 Application of Part 4A to aircraft Part 4A does not apply to an aircraft to which Part 42 of CASR applies. #### 330 Application of Part 4B to aircraft Subject to regulation 331, Part 4B does not apply to an aircraft: (a) to which Part 42 of CASR applies; and (b) for which maintenance services are being provided by a Part 145 organisation. #### 331 Application of Part 4B to Part 145 organisations—dealing with defects If: (a) a person who is the holder of a certificate of approval that covers maintenance for an aircraft makes a report to CASA under regulation 51, 51A or 52 in relation to a defect in the aircraft; and (b) after making the report, the person becomes a Part 145 organisation; Part 4B continues to apply to the person in relation to the defect. ### Division 3—Transitional provisions—amendments made by the Civil Aviation Legislation Amendment Regulation 2013 (No. 1) (substitution of Part 5) #### 333 Certain civil aviation authorisations not affected by substitution of Part 5 on 1 September 2014 (1) Subregulation (2) applies to a balloon‑related civil aviation authorisation issued under Part 5 if the authorisation was in force immediately before 1 September 2014. (2) Despite the substitution of Part 5 on 1 September 2014, the authorisation continues in force according to its terms as if the substitution had not occurred. (3) Subregulation (4) applies to a balloon‑related civil aviation authorisation if the authorisation was under suspension immediately before 1 September 2014. (4) Despite the substitution of Part 5 on 1 September 2014, the authorisation is not repealed, and its suspension continues according to its terms, as if the substitution had not occurred. #### 334 Civil Aviation Orders for Part 5—balloons (1) This regulation applies to a Civil Aviation Order made under a provision mentioned in subregulation (2) if the Order: (a) was in force immediately before 1 September 2014; and (b) related to balloons. (2) For subregulation (1) the provisions are the following: (a) regulation 5.14; (b) regulation 5.17; (c) regulation 5.19; (d) regulation 5.20; (e) regulation 5.52; (f) regulation 5.58; (g) regulation 5.59. (3) Despite the substitution of Part 5 on 1 September 2014, the Civil Aviation Order continues in force according to its terms to the extent that it relates to balloons as if the substitution had not occurred. #### 335 Civil Aviation Orders—flight time limitations (1) This regulation applies to a Civil Aviation Order made under regulation 5.55 if the Order was in force immediately before 1 September 2014. (2) The Civil Aviation Order continues in force according to its terms as if it had been made on 1 September 2014 under regulation 210A. ### Division 4—Transitional provisions—amendments made by the Civil Aviation Legislation Amendment (Maintenance and Other Matters) Regulation 2013 #### Subdivision 1—Transitional provisions #### 336 References to certification of completion of maintenance and authorised release certificates (regulation 42W) (1) For paragraphs 42W(4)(a) and (b), a reference to the completion of maintenance being certified in accordance with regulation 42ZE or 42ZN is taken to include a reference to a certificate of release to service having been issued for the maintenance. (2) For paragraphs 42W(4)(d) and (e), a reference to an authorised release certificate is taken to include, for a component on which maintenance has been carried out under CASR, a reference to a certificate of release to service for the component in relation to the maintenance that is issued under Division 42.H.4 of CASR and is in the approved form. #### 337 Application of regulation 214 (Training of maintenance personnel) Regulation 214 does not apply to an operator in relation to an aircraft for which a Part 145 organisation is: (a) providing maintenance services; or (b) undertaking CAR maintenance activities. #### Subdivision 2—Part 145 organisations approved to undertake CAR maintenance activities #### 338 Definition of approved system of certification of completion of maintenance The definition of approved system of certification of completion of maintenance in subregulation 2(1) is taken to include, for a Part 145 organisation that is approved to undertake CAR maintenance activities, the system of certification of completion of maintenance set out in the organisation’s exposition. #### 339 Compliance with regulation 42G (Flight control system: additional requirements) A Part 145 organisation that carries out maintenance to which regulation 42G applies is taken to have complied with that regulation in relation to the maintenance if the organisation: (a) is approved to undertake CAR maintenance activities for the aircraft on which the maintenance is carried out; and (b) carries out the maintenance in accordance with Division 42.D.5 (Requirements for independent inspection of critical control system maintenance) of CASR. #### 340 Compliance with Division 4 of Part 4A (How maintenance is to be carried out) A Part 145 organisation that carries out maintenance on an aircraft is taken to have complied with Division 4 of Part 4A in relation to the maintenance if the organisation: (a) is approved to undertake CAR maintenance activities for the aircraft; and (b) carries out the maintenance in accordance with Divisions 42.D.4 (Requirements for carrying out maintenance) and 42.E.3 (Requirements for controlling unserviceable and unsalvageable parts) of CASR. #### 341 Who may carry out maintenance for regulation 42ZC (Maintenance on Australian aircraft in Australian territory) (1) Subregulation 42ZC(3) is taken to permit the following persons to carry out maintenance on a class A aircraft in Australian territory: (a) a Part 145 organisation that is approved to undertake CAR maintenance activities for the aircraft; (b) an individual carrying out maintenance on behalf of a Part 145 organisation that is approved to undertake CAR maintenance activities for the aircraft. (2) Subregulation 42ZC(4) is taken to permit the following persons to carry out maintenance on a class B aircraft in Australian territory: (a) a Part 145 organisation that is approved to undertake CAR maintenance activities for the aircraft; (b) an individual carrying out maintenance on behalf of a Part 145 organisation that is approved to undertake CAR maintenance activities for the aircraft. #### 342 Application of regulations 42ZF to 42ZM (which deal with approved systems of certification of completion of maintenance) Regulations 42ZF to 42ZM do not apply to a Part 145 organisation that is approved to undertake CAR maintenance activities. > Note: For an approved system of certification of completion of maintenance for a Part 145 organisation that is approved to undertake CAR maintenance activities, see regulation 338. #### 343 Compliance with Part 4B (Defect reporting) A Part 145 organisation that carries out maintenance on an aircraft is taken to have complied with Part 4B in relation to a defect in the aircraft if the organisation: (a) is approved to undertake CAR maintenance activities for the aircraft; and (b) complies with Subdivision 42.D.6.2 (Reporting defects) of CASR in relation to the defect.