Commonwealth Consolidated Regulations

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Notice of contravention of Part to be given to CASA

             (1)  If:

                     (a)  the registered operator of an aircraft enters into a contract with a continuing airworthiness management organisation as mentioned in regulation 42.040 or 42.045; and

                     (b)  the registered operator has reasonable grounds to believe that the organisation has contravened a provision of this Part;

the registered operator must give CASA written notice of the contravention within 7 days after the registered operator forms the belief that the contravention has occurred.

Penalty:  50 penalty units.

             (2)  If the registered operator is an individual, he or she is not excused from giving a notice under subregulation (1) on the ground that the information in the notice might tend to incriminate the individual or expose the individual to a penalty.

             (3)  However:

                     (a)  the information in the notice; or

                     (b)  any information, document or thing obtained as a direct or indirect consequence of giving the notice;

is not admissible in evidence against the individual in criminal proceedings other than proceedings for an offence against subsections 136.1(1) or (4), 137.1(1) or 137.2(1) of the Criminal Code .

Note 1:       Subsections 136.1(1) and (4), 137.1(1) and 137.2(1) of the Criminal Code provide for offences in relation to false or misleading statements in applications and false or misleading information or documents.

Note 2:       See regulation 42.675 for the equivalent requirement for a continuing airworthiness management organisation .

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