Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 139.055

  (1)   The operator of a certified aerodrome must operate the aerodrome in accordance with the procedures set out in the aerodrome's aerodrome manual.

Note:   Section   3 of the Act defines operate , in relation to an aerodrome, to include manage, maintain and improve the aerodrome.

  (2)   However, subregulation   (1) does not apply to the operator if:

  (a)   the operator does not comply with the procedures set out in the aerodrome's aerodrome manual; and

  (b)   the non - compliance is necessary to ensure the safety of aircraft, aircraft operations or individuals using the aerodrome; and

  (c)   the operator tells CASA of the non - compliance in accordance with regulation   139.060.

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

Penalty:   25 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 .