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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.237

Prohibition of unauthorised carrying out of design activities

  (1)   A person commits an offence if:

  (a)   the person carries out a design activity; and

  (b)   the person does not meet the requirement mentioned in subregulation   (2).

Penalty:   50 penalty units.

  (2)   For paragraph   (1)(b), the requirement is that the person is:

  (a)   an approved design organisation that is permitted to carry out the design activity under regulation   21.235; or

  (b)   if the provision under which the activity is carried out provides that an authorised person may carry out the activity--an authorised person for the provision; or

  (c)   if the provision under which the activity is carried out provides that CASA may carry out the activity--CASA.

  (3)   Subregulation (1) does not apply to a person who carries out a design activity on behalf of an approved design organisation if:

  (a)   the person is:

  (i)   an employee of the organisation; or

  (ii)   a subcontractor of the organisation; and

  (b)   the organisation is permitted under regulation   21.235 to carry out the design activity; and

  (c)   the person is authorised, in writing, by the organisation to carry out the design activity on behalf of the organisation.

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

  (4)   Subregulation (1) does not apply to a person who carries out a design activity on behalf of a subcontractor of an approved design organisation if:

  (a)   the person is an employee of the subcontractor; and

  (b)   the organisation is permitted under regulation   21.235 to carry out the design activity; and

  (c)   the subcontractor is authorised, in writing, by the organisation to carry out the design activity on behalf of the organisation; and

  (d)   the person is authorised, in writing, by the subcontractor to carry out the design activity on behalf of the subcontractor.

Note:   A defendant bears an evidential burden in relation to the matters in subregulation   (4): see subsection   13.3(3) of the Criminal Code .

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


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