Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsRequirements for the applicant
(1) If a person (the applicant ) authorises another person (the agent ) to make an application on the applicant's behalf for an authorisation covered by subregulation 11.033(2), the applicant must give the agent:
(a) any information and documents required by the agent to make the application; and
(b) a signed declaration stating that:
(i) the applicant has authorised the agent to make the application on the applicant's behalf; and
(ii) the information provided by the applicant to the agent for the making of the application (including information in any documents so provided) is true and correct.
Note: Sections 136.1, 137.1 and 137.2 of the Criminal Code create offences for making false or misleading statements in applications and providing false or misleading information or documents.
(2) A person (the applicant ) commits an offence of strict liability if:
(a) the applicant is subject to a requirement to give a signed declaration to an agent in accordance with subregulation (1); and
(b) the applicant fails to comply with the requirement.
Requirement to keep declarations (or copy)--agents and applicants
(3) A person, other than CASA, who makes, or receives, a declaration under regulation 11.033 or this regulation must keep the declaration, or a copy of the declaration, at least for the following period, beginning on the day the declaration is made:
(a) if CASA has determined a period under subregulation (4) for the purposes of this paragraph that applies to the declaration--that period; or
(b) otherwise--5 years.
(4) For the purposes of subsection 98(5A) of the Act and paragraph (3)(a) of this regulation, CASA may, by instrument, determine periods of not more than 5 years:
(a) in relation to classes of declarations; or
(b) in relation to particular declarations.
Note: For the application of the Legislation Act 2003 to an instrument under this subregulation, see subsections 98(5AA) to (5D) of the Civil Aviation Act 1988 .
(5) A person commits an offence of strict liability if:
(a) the person is subject to a requirement under subregulation (3); and
(b) the person fails to comply with the requirement.
Requirement to produce declarations (or copy)--agents and applicants
(6) A person (the agent or applicant ), other than CASA, who makes, or receives, a declaration under regulation 11.033 or this regulation must produce the declaration, or a copy of the declaration, for inspection on a demand made, within the period that applies to the declaration under subregulation (3), by a person covered by subregulation (7).
(7) For the purposes of subregulation (6), this subregulation covers the following persons:
(a) an authorised person;
(b) a member or special member of the Australian Federal Police;
(c) a member of a police force or a police service of a State or Territory.
(8) An agent or applicant commits an offence of strict liability if:
(a) the agent or applicant makes, or receives, a declaration under regulation 11.033 or this regulation; and
(b) a person makes a demand of the agent or applicant under subregulation (6); and
(c) the agent or applicant fails to comply with the demand.