Commonwealth Consolidated Regulations

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CIVIL AVIATION REGULATIONS 1988 - REG 34

Systems of certification of completion of activities other than maintenance

         (1)    CASA may give a direction to the holder of a certificate of approval covering activities, other than the maintenance of aircraft, aircraft components or aircraft materials, requiring the holder to submit to CASA a proposed system of certification of the completion of stages of the activities to which the certificate of approval relates.

         (2)    Where a person submits a proposed system of certification under subregulation (1), CASA may approve the proposed system, with or without modifications, and direct the person to institute the system as so approved.

         (3)    CASA may give a direction to a person referred to in subregulation (1) requiring him or her, in carrying out any activities to which the certificate of approval relates, to institute such system of certification of the completion of stages of those activities as CASA specifies in the direction.

      (3A)    A person must not contravene a direction under subregulation (1), (2) or (3).

Penalty:   25 penalty units.

      (3B)   An offence against subregulation (3A) is an offence of strict liability.

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

      (3C)   It is a defence to a prosecution under subregulation (3A) if the defendant had a reasonable excuse.

Note    A defendant bears an evidential burden in relation to the matter in subregulation (3C) (see subsection 13.3 (3) of the Criminal Code ).

         (4)    A direction given under this regulation does not have effect in relation to a person until it has been served on the person.

         (5)    A person to whom a direction under this regulation has been given shall not fail:

                (a)    to comply with the requirements of a system of certification instituted by that person in accordance with the direction, in so far as those requirements apply in relation to that person; or

               (b)    to take all steps reasonably required to ensure that persons in his or her employ or working under an arrangement with him or her comply with the requirements of a system instituted by him or her in accordance with the direction in so far as those requirements apply in relation to them.

Penalty:   50 penalty units.

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

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



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