Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 45.055

Aircraft must comply with Part   45 Manual of Standards if operated

  (1)   The registration holder and the registered operator of an aircraft each contravene this subregulation   if:

  (a)   the aircraft is operated; and

  (b)   a requirement (the prescribed requirement ) prescribed by the Part   45 Manual of Standards under regulation   45.050 applies to the aircraft; and

  (c)   the prescribed requirement is not met.

Exception--operating with dealer's mark

  (2)   Subregulation (1) does not apply if the aircraft is operating with a dealer's mark in accordance with Subpart   47.H.

Exception--approvals

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

  (a)   the registration holder of the aircraft holds an approval under regulation   45.065 to display markings other than in accordance with the prescribed requirement; and

  (b)   the requirements specified in the approval are complied with.

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

  (a)   the registration holder of the aircraft holds an approval under regulation   45.070:

  (i)   to display markings other than in accordance with the prescribed requirement; or

  (ii)   to display no markings;

    for the purposes of an exhibition; and

  (b)   the aircraft is operated for the exhibition during the period of the approval; and

  (c)   the requirements specified in the approval are complied with.

Exception--certain Commonwealth and State functions

  (5)   Subregulation (1) does not apply if the aircraft is operated:

  (a)   in relation to the performance of a function of an authority of the Commonwealth, or an authority or agency of a State; and

  (b)   in circumstances in which knowledge of the operation may:

  (i)   reduce the effectiveness of the performance of the function; or

  (ii)   expose a person to the danger of physical harm or death arising from the actions of another person.

Offence

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

Penalty:   50 penalty units.

Note:   A defendant bears an evidential burden in relation to the matters in subregulation   (2) to (5): see subsection   13.3(3) of the Criminal Code .