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Penalty: 25 penalty units.
(7) An offence against subregulation (4), (5) or (6) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
141 Low flying etc in flying training areas
(1) CASA may authorise low flying or acrobatic flying over a specified
part of a flying training area for the purposes of flying training.
(2) A person must not engage in low flying or acrobatic flying in a flying
training area for the purposes of flying training if the flying is not in
accordance with an authorisation issued under subregulation (1).
Penalty: 50 penalty units.
(3) An offence against subregulation (2) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
143 Carriage of firearms
(1) A person, including a flight crew member, must not carry a firearm in,
or have a firearm in his or her possession in, an aircraft other than an
aircraft engaged in charter operations or regular public transport
operations.
Penalty: 10 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(3) It is a defence to a prosecution under subregulation (1) if the person
had the written permission of CASA to have the firearm in the aircraft.
Note A defendant bears an evidential burden in relation to the matter in
subregulation (3) (see subsection 13.3 (3) of the Criminal Code).
322 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
144 Discharge of firearms in or from an aircraft
(1) A person, including a flight crew member, must not discharge a
firearm while on board an aircraft.
Penalty: 50 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(3) It is a defence to a prosecution under subregulation (1) if:
(a) the person had the written permission of CASA to discharge the
firearm while on board the aircraft; and
(b) the firearm was discharged in accordance with the conditions (if
any) specified in the permission.
Note A defendant bears an evidential burden in relation to the matters in
subregulation (3) (see subsection 13.3 (3) of the Criminal Code).
145 Emergency authority
In conforming with the rules contained in the provisions of Division 2
of this Part and in the provisions of Parts 12 and 13, the pilot in
command of an aircraft shall pay due regard to all dangers of
navigation and collision and to any special circumstances which may
render a departure from those rules necessary in order to avoid
immediate danger.
146 Liability as to neglect of rules regarding lights etc.
Nothing in the rules contained in the provisions of Division 2 of this
Part and in the provisions of Parts 12 and 13 shall exonerate any
aircraft or the owner or hirer or pilot in command or crew thereof from
the consequence of any neglect in the use of lights and signals, of any
neglect to keep a proper lookout, or of the neglect of any precaution
required by the ordinary practice of the air or the special circumstances
of the case.
147 Australian aircraft in or over territory of a State which is not a
Contracting State
When an Australian aircraft is in or over the territory of a State which
is not a Contracting State, the rules contained in the provisions of
Division 2 of this Part and the provisions of Parts 12 and 13 shall
apply to the aircraft only in so far as those rules do not conflict with
the laws of that State.
Civil Aviation Regulations 1988 323
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
Division 2 Flight Rules
149 Towing
(1) Subject to this regulation, the pilot in command of an aircraft in flight
shall not permit anything to be towed by the aircraft.
Penalty: 50 penalty units.
(2) Nothing in this regulation shall prevent the reasonable use or display
from an aircraft in flight of radio aerials, or any signal apparatus,
equipment or article required or permitted to be displayed or used by
or from an aircraft in flight in accordance with the rules contained in
the provisions of this Division and in the provisions of Parts 12 and
13.
(3) Instruments for experimental purposes may be towed if the prior
approval of CASA has been given.
(4) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(5) It is a defence to a prosecution under subregulation (1) if:
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