Commonwealth Numbered Regulations

1988 NO. 158 CIVIL AVIATION REGULATIONS - REG 281

281. (1) A person who contravenes a provision of these Regulations is guilty
of an offence.

(2) The owner, the operator and the hirer (not being the Crown), and the pilot
in command and any other pilot, of an aircraft that flies in contravention of,
a provision of these Regulations is guilty of an offence.

(3) Any reference in subregulations (1) and (2) to a contravention of a
provision of these Regulations shall be read as including a reference to a
contravention of any direction (including any condition or requirement set out
in a direction) or instruction given or issued under these Regulations,
including any condition or direction subject to which an aerodrome, air route
facility, airway facility, air route or airway may be used or any condition
subject to which a licence or certificate is granted or rendered valid under
these Regulations.

(4) Notwithstanding subregulations (1), (2) and (3), a person shall not be
convicted of an offence against this regulation by reason only of a
contravention of, a direction, or a condition or requirement set out in a
direction, under these Regulations if:

   (a)  the direction is of a kind that, by virtue of these Regulations, does
        not have effect in relation to a person until it has been served by
        post on the person or has otherwise been brought to his or her
        attention; and

   (b)  at the time of the alleged contravention or failure to comply, the
        direction had not been served by post on the first-mentioned person
        and had not otherwise been brought to his or her attention.

(5) The penalty for an offence for which no other penalty is prescribed by
these Regulations is:

   (a)  if the offence is prosecuted summarily-a fine not exceeding $2,500; or

   (b)  if the offence is prosecuted upon indictment-a fine not exceeding
        $5,000.

(6) Subject to the Act, a person is not guilty of an offence against a
provision of these Regulations if the person adduces evidence that the person
was not party to, or knowingly concerned in, the act or omission charged and
that evidence is not rebutted by the prosecution.