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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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