Commonwealth Consolidated Regulations

AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS 1984 - REG 10BA

(1) This regulation applies to a foreign aircraft that:

(a)

is a subsonic jet aircraft; and

(b)

complies with the Chapter 2 standards but does not comply with the Chapter 3 standards; and

(c)

apart from this regulation, would be prohibited, under these Regulations, from engaging in air navigation.

(2)

The operator of a foreign aircraft may apply to the Secretary for permission to engage in air navigation solely for the purpose of maintenance of the aircraft.

(3)

The Secretary may, by written notice, grant permission to the applicant.

(4) A notice under subregulation (3) must state:

(a)

the period, ending no later than 31 December 2005, during which the foreign aircraft may engage in air navigation; and

(b)

any conditions with which the operator of the aircraft must comply.

(5)

An operator of an aircraft commits an offence if:

(a)

a notice issued under subregulation 10BA (3) sets out conditions; and

(b)

the operator engages in conduct; and

(c)

the operator's conduct results in a breach of any of the conditions.

Penalty:   20 penalty units.

(5A)

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

Note    For strict liability , see section 6.1 of the Criminal Code .

(6) The Secretary may revoke the permission if:

(a)

the aircraft is operated in contravention of a condition of the permission; or

(b)

the operation of the aircraft has had, and is likely to continue to have, a significant noise impact on the public.

(7)

If the Secretary refuses to grant a permission, or revokes a permission, the Secretary must give notice of the decision to the applicant.