Commonwealth Numbered Regulations

1988 NO. 158 CIVIL AVIATION REGULATIONS - REG 297

297. (1) The Authority may, in writing, certify that:

   (a)  a document required to be surrendered to the Authority in accordance
        with a notice in writing under regulation 301 has not been so
        surrendered;

   (b)  a document annexed to the certificate is a true copy of the text of
        the Convention or of an annex adopted in pursuance of the Convention;
        or

   (c)  a document annexed to the certificate is a true copy of a Civil
        Aviation Order, AIP, NOTAM, licence, certificate, permit, direction,
        authority, notice, order, approval or other document published, given
        or issued under these Regulations.

(2) The Authority, in a certificate under paragraph (1) (c), may certify that
the document of which the document annexed to the certificate is certified to
be a true copy was, on a specified date or between specified dates, posted to:

   (a)  the defendant in a prosecution for an offence against these
        Regulations or in any proceedings for the recovery of moneys under
        these Regulations; or

   (b)  the applicant or other specified person in any review, investigation
        or inquiry conducted or made under these Regulations.

(3) The Authority, or the officer having custody of the appropriate records of
the Authority, may, in writing, certify that, during a specified period or on
a specified date:

   (a)  a person was or was not licensed;

   (b)  an aircraft was or was not registered;

   (c)  a certificate of airworthiness of an aircraft had or had not been
        issued, was valid or invalid for the purposes of these Regulations or
        was subject to specified conditions;

   (d)  an air route or airway facility was or was not established or
        provided, was or was not altered, abolished, removed, added to or
        altered in character or was or was not being provided, maintained or
        operated in a specified manner, in accordance with regulation 86;

   (e)  a place was or was not licensed for use as an aerodrome or was or was
        not authorised for use as an aerodrome;

   (f)  a permit, direction, authority, notice, order or approval required
        under these Regulations had or had not been issued under these
        Regulations; or

   (g)  a licence or certificate issued under these Regulations was or was not
        suspended, cancelled or endorsed with a specified endorsement.

(4) In all courts and in any review, investigation or inquiry conducted or
made under these Regulations, a certificate purporting to have been given
under this regulation:

   (a)  shall, unless the contrary is proved, be deemed to be a certificate
        given by a person empowered by this regulation to give the
        certificate; and

   (b)  is evidence of the facts stated in the certificate, and, in the case
        of a certificate certifying that a document was posted to the
        defendant in a prosecution for an offence against these Regulations or
        an applicant or a specified person in any review, investigation or
        inquiry conducted or made under these Regulations, is evidence that
        the document was received by the defendant, applicant or specified
        person on or about the time at which it would have been received in
        the ordinary course of post.

(5) For the purposes of establishing liability to charges as defined by
section 66 of the Act, a flight by an aircraft may be identified by
documentation that includes:

   (a)  a flight strip summary, being a document known by that description
        issued by the Authority for the purpose of enabling officers of the
        Authority to compile records of aircraft movements in relation to
        aerodromes;

   (b)  messages extracted from the message switching system known as the
        Aeronautical Fixed Telecommunication Network as referred to in Annex
        10 to the Chicago Convention;

   (c)  the flight plan submitted to Air Traffic Control by the pilot in
        command of the aircraft; and

   (d)  an invoice, being an invoice containing a printout of computerised
        records of each flight to which the invoice relates.