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(5) The owner, operator, hirer (not being the Crown) or pilot of an aircraft
commits an offence if he or she:
(a) operates the aircraft or permits the aircraft to be operated; and
(b) the operation of the aircraft results in a contravention of subsection
23 (1) or a condition imposed under that subsection.
Penalty: Imprisonment for 7 years.
(6) Strict liability applies to paragraph (5) (b).
Note: For strict liability, see section 6.1 of the Criminal Code.
30 Weather etc. to be a defence
(1) In any proceedings for an offence against this Act or the regulations, it is
a defence if the act or omission charged is established to have been due to
extreme weather conditions or other unavoidable cause.
(2) Any defence established under subsection (1) need only be established on
the balance of probabilities.
42 Civil Aviation Act 1988
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
30A Court may impose exclusion period if offence committed
(1) If:
(a) a person is convicted of an offence against this Act or the
regulations; and
(b) the person holds a civil aviation authorisation (in this section called
the old authorisation); and
(c) the old authorisation authorises the person to undertake a particular
activity (in this section called the previously authorised activity);
and
(d) the Court considers that it is in the interests of air navigation safety
for the person to be excluded from that activity;
the Court may order that the person is to be excluded from that activity
for the period specified in the order (in this section called the exclusion
period).
(2) The Court may make the order even if the conduct that was involved in
the offence was not engaged in by the person while exercising his or her
rights under the old authorisation.
(3) The exclusion period may be indefinite.
(4) During the exclusion period:
(a) the old authorisation is of no effect; and
(b) a new civil aviation authorisation to undertake the previously
authorised activity is not to be granted to the person.
(5) The person is not entitled to any refund of fees that the person has paid in
respect of the old authorisation.
(6) The person must return the old authorisation to CASA as soon as
practicable after the order is made.
Penalty: 30 penalty units.
(7) If the old authorisation is endorsed on another document, the person
must, in order to comply with subsection (6), return that other document
to CASA and CASA will take appropriate steps to issue a new document
without the endorsement.
(8) If the exclusion period ends before the period for which the old
authorisation was granted, CASA is to return the authorisation to the
person as soon as practicable after the end of the exclusion period.
Note: This subsection may require CASA to endorse a document already issued to the
person.
(9) In this section:
civil aviation authorisation includes an AOC.
30B Variation and termination of exclusion order
(1) If a Court makes an order under subsection 30A (1):
(a) the person may apply to the Court at any time for the termination or
variation of the order; and
Civil Aviation Act 1988 43
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
(b) CASA is to be a party to any proceedings on an application under
paragraph (a).
(2) If an application is made under paragraph (1) (a), the Court may
terminate or vary the order but only if it is satisfied that doing so would
not prejudice air navigation safety.
30C Court to give CASA details of exclusion orders
The Court is to give CASA details of:
(a) orders made under subsection 30A (1); and
(b) terminations and variations made as a result of applications made
under paragraph 30B (1) (a).
44 Civil Aviation Act 1988
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
Division 3A — Serious and imminent risks to air safety
Subdivision A — Preliminary
30DA Engage in conduct
In this Division:
engage in conduct means to do an act or omit to do an act.
Subdivision B — Suspension for contravening the serious and imminent risk prohibition
30DB Serious and imminent risk prohibition
The holder of a civil aviation authorisation must not engage in conduct
that constitutes, contributes to or results in a serious and imminent risk to
air safety.
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