Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 103.040

Part   103 activity must be authorised

  (1)   A person contravenes this subregulation   if:

  (a)   the person undertakes a Part   103 activity; and

  (b)   the person does not hold an authorisation from a Part   103 ASAO authorising the person to undertake the activity.

  (2)   Subregulation (1) does not apply if:

  (a)   the person holds an approval under regulation   103.020 to undertake the activity; or

  (b)   the person is otherwise authorised under these Regulations to undertake the activity.

Part   103 activity must be undertaken in accordance with authorisation

  (3)   A person contravenes this subregulation   if the person:

  (a)   undertakes a Part   103 activity; and

  (b)   holds an authorisation from a Part   103 ASAO authorising the person to undertake the activity; and

  (c)   undertakes the activity in a way that contravenes the authorisation.

Offence

  (4)   A person commits an offence of strict liability if the person contravenes subregulation   (1) or (3).

Penalty:   50 penalty units.

Note:   A defendant bears an evidential burden in relation to the matter in subregulation   (2): see subsection   13.3(3) of the Criminal Code .

Subpart   103.D -- Operational procedures