(1) The registration holder and the registered operator of an aircraft each contravene this subregulation if:
(a) the aircraft is operated; and
(b) a design, mark or symbol on an aircraft modifies, obscures or creates confusion about a set of markings on the aircraft.
(2) Subregulation (1) does not apply in relation to:
(a) a Defence Force symbol or call - sign on an aircraft operated by the Defence Force; or
(b) a design, mark or symbol on an aircraft approved in writing by CASA.
(3) CASA must not grant an approval under paragraph (2)(b) if granting the approval would adversely affect the safety of air navigation.
Offence
(4) A person commits an offence of strict liability if the person contravenes subregulation (1).
Note: A defendant bears an evidential burden in relation to the matters in subregulation (2): see subsection 13.3(3) of the Criminal Code .