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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.490 Objects and structures that affect aviation safety--requests for data from owners etc.

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 175.490

Objects and structures that affect aviation safety--requests for data from owners etc.

  (1)   AA may, by written notice given to a person who owns, controls or operates an object or structure, request the person to give AA data mentioned in subregulation   175.485(1) about the object or structure.

  (2)   A person commits an offence if:

  (a)   AA gives the person a request under this regulation; and

  (b)   the person does not comply with subregulation   (3) or (4).

Penalty:   50 penalty units.

  (3)   For paragraph   (2)(b), the person must comply with the request within:

  (a)   if AA grants an extension under subregulation   175.485(5)--the time stated in the notice of extension; or

  (b)   if paragraph   (a) does not apply--28 days after receiving the request.

  (4)   For paragraph   (2)(b), the person must specify the degree of accuracy of the data the person supplies.

  (5)   Subregulation (2) does not apply if:

  (a)   the person does not possess the data requested; and

  (b)   the person has taken all reasonable steps available to the person to obtain the data requested and has been unable to obtain the data.

Note:   A defendant bears an evidential burden in relation to the matters in subregulation   (5): see subsection   13.3(3) of the Criminal Code .

  (6)   An offence against this regulation is an offence of strict liability.

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