Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 45.095

  (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   45.090 applies to the aircraft; and

  (c)   the prescribed requirement is not met.

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

  (a)   the registration holder of the aircraft holds an approval under regulation   45.100 to:

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

  (ii)   to display no words;

    for the purposes of an exhibition; and

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

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

  (3)   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): see subsection   13.3(3) of the Criminal Code .