Commonwealth Consolidated Regulations

AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS 1984 - REG 11

(1)

The Secretary may, in writing, appoint:

(a)

an officer of the Civil Aviation Safety Authority or an employee of Airservices Australia; or

(b)

a person who is able to measure the level of noise emitted by an aircraft;

as an inspector.

(2)

The Secretary must issue to an inspector an identity card, bearing a recent photograph of the person, stating that the person is an inspector appointed under these Regulations.

(2A)

A person who ceases to be an inspector must not fail to return his or her identity card to the Secretary as soon as practicable, but in any case within 14 days after receiving notice of the cessation or termination of his or her appointment under these Regulations.

Penalty:   1 penalty unit.

(2B)

An offence against subregulation (2A) is an offence of strict liability.

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

(2C)

It is a defence to a prosecution under subregulation (2A) that the defendant had a reasonable excuse for failing to return the relevant identity card.

Note    A defendant bears an evidential burden in relation to whether or not he or she had a reasonable excuse (see subsection 13.3 (3) of the Criminal Code ).

(3)

An inspector may require the operator of an aircraft:

(a)

in respect of which an application has been made under regulation 5; or

(b)

in respect of which a noise certificate is in force;

to make the aircraft available for inspection at any reasonable time, and may inspect the aircraft when so made available, for the purpose of determining whether the aircraft complies with:

(c)

in the case of an aircraft of a type specified in column 2 of an item in the Schedule — the standards in respect of aircraft noise specified in the provisions of the Annex specified in column 3 of that item; or

(d)

in any other case:

(i)

the standards in respect of noise expressed in the Annex to be applicable to aircraft of the class to which the aircraft belongs; or

(ii)

the requirements of a relevant law.

(3A)

An inspector may not:

(a)

require the operator of an aircraft referred to in subregulation (3) to make the aircraft available for inspection; or

(b)

inspect the aircraft;

if he or she fails to produce his or her identity card when requested to do so.

(4)

An inspector may, in the course of inspecting an aircraft, carry out such tests in relation to the aircraft, including tests carried out while it is in flight (whether or not the inspector is on board the aircraft), as are necessary for determining whether the aircraft complies with the relevant standards in respect of noise.