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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.045 Offences--carrying out ATC function without authority

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.045

Offences--carrying out ATC function without authority

  (1)   A person who is not authorised to do so by subregulation   65.035(1) or (2) must not carry out an air traffic control function in Australian territory.

Penalty:   25 penalty units.

  (2)   A person to whom subregulation   65.035(3) applies must not carry out an air traffic control function in Australian territory if the person is not acting under the supervision of a person who meets the requirements of subregulation   65.035(1).

Penalty:   25 penalty units.

  (3)   Strict liability applies to the following physical elements:

  (a)   in subregulation   (1)--that the person is not authorised by subregulation   65.035(1) or (2);

  (b)   in subregulation   (2)--that the person under whose supervision the air traffic control function is carried out is a person who meets the requirements of subregulation   65.035(1).

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

  (4)   It is a defence to a charge of contravening subregulation   (1) or (2) that the relevant action was, in the circumstances, reasonable in the interests of the safety of air navigation.

Note:   A defendant bears an evidential burden in relation to the matter mentioned in subregulation   (4).

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