CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.035 Design, review or amendment of terminal instrument flight procedures--requirement for procedure design certificate etc

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.035

  (1)   A person commits an offence if:

  (a)   the person carries on design work (other than work mentioned in subregulation   (2) or (3)) on a terminal instrument flight procedure for use by Australian aircraft operating under the IFR, or by foreign aircraft operating under the IFR in Australian territory; and

  (b)   the person is not permitted to do so under subregulation   (2).

Penalty:   50 penalty units.

  (2)   For paragraph   (1)(b), the following persons may carry on the work:

  (a)   CASA;

  (b)   a certified designer whose procedure design certificate authorises the designer to carry on design work on the procedure;

  (c)   an employee of a certified designer mentioned in paragraph   (b) who carries on the design work in the course of the employee's duties.

  (3)   A person commits an offence if:

  (a)   the person reviews or amends a terminal instrument flight procedure for use by Australian aircraft operating under the IFR at, or in the vicinity of, an aerodrome in a foreign country; and

  (b)   the person is not permitted to do so under subregulation   (4).

Penalty:   50 penalty units.

  (4)   For paragraph   (3)(b), the following persons may review or amend the procedure:

  (a)   CASA;

  (b)   a certified designer whose procedure design certificate authorises the designer to carry on design work on the procedure;

  (c)   an employee of a certified designer mentioned in paragraph   (b) who reviews or amends the procedure in the course of the employee's duties;

  (d)   an authorised designer whose procedure design authorisation authorises the designer to review or amend the procedure;

  (e)   an employee of an authorised designer mentioned in paragraph   (d) who reviews or amends the procedure in the course of the employee's duties.

  (5)   A person commits an offence if:

  (a)   the person carries on design work on a terminal instrument flight procedure for use by Australian aircraft operating under the IFR at, or in the vicinity of, an off - shore installation; and

  (b)   the person is not permitted to do so under subregulation   (6).

Penalty:   50 penalty units.

  (6)   For paragraph   (5)(b), the following persons may carry on the work:

  (a)   CASA;

  (b)   a certified designer whose procedure design certificate authorises the designer to carry on design work on the procedure;

  (c)   an employee of a certified designer mentioned in paragraph   (b) who carries on the design work in the course of the employee's duties;

  (d)   an authorised designer whose procedure design authorisation authorises the designer to carry on design work on the procedure;

  (e)   an employee of an authorised designer mentioned in paragraph   (d) who carries on the design work in the course of the employee's duties.

  (7)   An offence against subregulation   (1), (3) or (5) is an offence of strict liability.