Commonwealth Consolidated Regulations

AIR NAVIGATION (AIRCRAFT NOISE) REGULATIONS 1984 - REG 9

(1)

A subsonic jet aircraft may engage in air navigation only if:

(a)

if it complies with the Chapter 3 standards — a noise certificate is in force for it; or

(b)

if it does not comply with the Chapter 3 standards:

(i)

a permission is in force under regulation 9A for it; or

(ii)

a noise certificate is in force for it and it is permitted under regulation 10A or 10BA to engage in air navigation; or

(c)

it is undergoing testing by an inspector to identify whether it complies with the standards in respect of noise:

(i)

applicable under regulation 6A; or

(ii)

expressed in the Annex to be applicable to aircraft of the class to which it belongs; or

(d)

it is undergoing testing required by the Civil Aviation Safety Authority, or a person authorised under the Civil Aviation Regulations 1988 , to determine whether a certificate of airworthiness should be issued, renewed or validated under those Regulations; or

(e)

it was registered under the Civil Aviation Regulations 1988 on or before 6 December 1990 and continues to be registered.

(1A)

A supersonic aircraft may engage in air navigation only if permission has been granted under regulation 9AA for the aircraft to engage in air navigation.

(1B)

If, under regulation 9AA, permission for a supersonic aircraft to engage in air navigation is granted subject to conditions, the aircraft must comply with those conditions when engaging in air navigation.

(2)

An aircraft that is not a subsonic jet aircraft or a supersonic aircraft may engage in air navigation only if:

(a)

a noise certificate is in force for it; or

(b)

a permission is in force under regulation 9A or 9AB for it to engage in air navigation; or

(c)

it is undergoing testing by an inspector to identify whether it complies with the standards in respect of noise:

(i)

applicable under regulation 6A; or

(ii)

expressed in the Annex to be applicable to aircraft of the class to which it belongs; or

(d)

it is undergoing testing required by the Civil Aviation Safety Authority, or a person authorised under the Civil Aviation Regulations 1988 , to determine whether a certificate of airworthiness should be issued, renewed or validated under those Regulations; or

(e)

it was registered under the Civil Aviation Regulations 1988 on or before 6 December 1990 and continues to be registered.

(3)

The operator of an aircraft that engages in air navigation in contravention of this regulation is guilty of an offence.

Penalty:   20 penalty units.

(4)

Strict liability applies:

(a)

for paragraph (1) (a) — to the physical element that an aircraft complies with Chapter 3 standards; and

(b)

for paragraph (1) (b) — to the physical element that an aircraft complies with Chapter 3 standards, to the physical element that a permission is in force under regulation 9A, and to the physical element that an aircraft is permitted under regulation 10A or 10B to engage in air navigation; and

(c)

for paragraph (1) (c) — to the physical element that a noise standard applied to the aircraft under regulation 6A, or is expressed in the Annex applicable to the aircraft of the class to which it belongs; and

(d)

for subregulation (1A) — to the physical element that a permission was granted under regulation 9AA for the aircraft to engage in air navigation; and

(e)

for paragraph (2) (b) — to the physical element that a permission was in force under regulation 9A or 9AB for an aircraft to engage in air navigation; and

(f)

for paragraph (2) (c) — to the physical element that a noise standard applied to the aircraft under regulation 6A or is expressed in the Annex applicable to the aircraft of the class to which it belongs.

Note    A person can be criminally responsible for an offence even if he or she is mistaken about, or ignorant of, the existence or content of an Act or subordinate legislation; see sections 9.3 and 9.4 of the Criminal Code .