Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.270

  (1)   A person commits an offence if:

  (a)   the person conducts a data service activity; and

  (b)   the person does not hold a certificate under regulation   175.295 that authorises the person to conduct the activity.

Penalty:   50 penalty units.

  (2)   Subregulation (1) does not apply to an AIS provider publishing aeronautical data, aeronautical information or an aeronautical chart in the course of providing an AIS.

  (3)   Subregulation (1) does not apply to an aerodrome operator publishing one of the following charts, as mentioned in Annex   4 to the Chicago Convention:

  (a)   an Aerodrome Obstacle Chart--ICAO Type A;

  (b)   an Aerodrome Obstacle Chart--ICAO Type B;

  (c)   an Aerodrome Terrain and Obstacle Chart--ICAO (Electronic);

  (d)   a Precision Approach Terrain Chart--ICAO.

  (4)   Subregulation (1) does not apply to a person who supplies navigation equipment or a navigation system containing aeronautical data in a database, if the database has been supplied to the person by a third party for use in the equipment or system.

Note:   A defendant bears an evidential burden in relation to the matters in subregulations (2), (3) and (4): see subsection   13.3(3) of the Criminal Code .

  (5)   An offence against this regulation is an offence of strict liability.