Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.370

  (1)   A data service provider commits an offence if:

  (a)   the provider publishes or supplies aeronautical data, aeronautical information or an aeronautical chart in conducting a data service activity; and

  (b)   the data, information or chart does not become effective on the same date, or remain valid for the same period, as the corresponding data, information or chart contained in the following:

  (i)   the AIP;

  (ii)   an AIP Amendment;

  (iii)   an AIP Supplement;

  (iv)   a permanent NOTAM;

  (v)   an aeronautical chart published by an AIS provider;

  (vi)   an aeronautical chart mentioned in subregulation   175.270(3) published by an aerodrome operator.

Penalty:   50 penalty units.

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

  (a)   the corresponding data, information or chart was:

  (i)   published by an AIS provider in contravention of subregulation   175.185(1); or

  (ii)   distributed by an AIS provider in contravention of subregulation   175.185(2) or (3); and

  (b)   the data service provider publishes or supplies the data, information or chart by the next effective AIRAC date following the publication or distribution of the corresponding data, information or chart.

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

  (3)   An offence against this regulation is an offence of strict liability.