Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 131.580

Part   131 recreational activity must be authorised

  (1)   A person contravenes this subregulation   if:

  (a)   the person undertakes a Part   131 recreational activity; and

  (b)   the person does not hold a Part   131 pilot authorisation that authorises the person to undertake the activity.

  (2)   Subregulation (1) does not apply if the person is otherwise permitted under these Regulations to undertake the activity.

Part   131 recreational activity must be undertaken in accordance with authorisation

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

  (a)   undertakes a Part   131 recreational activity; and

  (b)   holds a Part   131 pilot authorisation that authorises the person to undertake the activity; and

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

  (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 .