CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.237 Prohibition of unauthorised carrying out of design activities
CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.237
Prohibition of unauthorised carrying out of design activities(1) A person commits an offence if:
(a) the person carries out a design activity; and
(b) the person does not meet the requirement mentioned in subregulation (2).
(2) For paragraph (1)(b), the requirement is that the person is:
(a) an approved design organisation that is permitted to carry out the design activity under regulation 21.235; or
(b) if the provision under which the activity is carried out provides that an authorised person may carry out the activity--an authorised person for the provision; or
(c) if the provision under which the activity is carried out provides that CASA may carry out the activity--CASA.
(3) Subregulation (1) does not apply to a person who carries out a design activity on behalf of an approved design organisation if:
(i) an employee of the organisation; or
(ii) a subcontractor of the organisation; and
(b) the organisation is permitted under regulation 21.235 to carry out the design activity; and
(c) the person is authorised, in writing, by the organisation to carry out the design activity on behalf of the organisation.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (3): see subsection 13.3(3) of the Criminal Code .
(4) Subregulation (1) does not apply to a person who carries out a design activity on behalf of a subcontractor of an approved design organisation if:
(a) the person is an employee of the subcontractor; and
(b) the organisation is permitted under regulation 21.235 to carry out the design activity; and
(c) the subcontractor is authorised, in writing, by the organisation to carry out the design activity on behalf of the organisation; and
(d) the person is authorised, in writing, by the subcontractor to carry out the design activity on behalf of the subcontractor.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (4): see subsection 13.3(3) of the Criminal Code .
(5) An offence against this regulation is an offence of strict
liability.