Commonwealth Consolidated Regulations

CIVIL AVIATION REGULATIONS 1988 - REG 282

  (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 .