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(6) An offence against subregulation (1), (3) or (4) is an offence of strict
liability.
(7) In the case of an aircraft whose manufacturer no longer exists or can
no longer provide instructions for the continuing airworthiness of the
aircraft, anything required by a provision of this regulation to be done
by its manufacturer can be done by a person appointed by CASA to
perform the functions of the manufacturer in relation to the continuing
airworthiness of the aircraft.
262AQ Primary category aircraft—operating limitations
(1) A person must not operate a primary category aircraft in aerial work
operations (other than flying training) or for a purpose mentioned in
paragraph 206 (1) (b) or (c) .
Penalty: 50 penalty units.
(2) A person may make a primary category aircraft available for rental
only:
(a) if it is maintained by a LAME or an approved maintenance
organisation; and
(b) for personal use or flying training.
Penalty: 50 penalty units.
(3) A person may operate a primary category aircraft that is not
maintained by a LAME or an approved maintenance organisation only
if:
(a) the aircraft is maintained by the pilot-owner under an approved
special inspection and maintenance program; and
(b) the pilot-owner has a certificate of competency to maintain the
aircraft issued by an organisation holding an appropriate
certificate of approval under regulation 30; and
Replacement Page Amdt No. 12
December 2005
Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
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(c) the aircraft is operated by the pilot-owner or a person nominated
by the pilot-owner; and
(d) the pilot-owner is not paid and does not receive other
compensation for the use of the aircraft.
Penalty: 50 penalty units.
(4) An offence against subregulation (1), (2) or (3) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
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December 2005
Civil Aviation Regulations 1988
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
423
262AR Intermediate category aircraft—operating limitations
(1) A person must not operate an intermediate category aircraft for a
purpose mentioned in paragraph 206 (1) (b) or (c) if the person is not
the holder of an appropriate AOC.
Penalty: 50 penalty units.
(2) A person may make an intermediate category aircraft available for
rental only:
(a) if it is maintained by a LAME or an approved maintenance
organisation; and
(b) for personal use or flying training.
Penalty: 50 penalty units.
(3) A person may operate an intermediate category aircraft that is not
maintained by a LAME or an approved maintenance organisation only
if:
(a) the aircraft is maintained by the pilot-owner under an approved
special inspection and maintenance program; and
(b) the pilot-owner has a certificate of competency to maintain the
aircraft issued by an organisation holding an appropriate
certificate of approval under regulation 30; and
(c) the aircraft is operated by the pilot-owner or a person nominated
by the pilot-owner; and
(d) the pilot-owner does not receive payment for the use of the
aircraft.
Penalty: 50 penalty units.
(4) An offence against subregulation (1), (2) or (3) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
262AS Where aircraft may be flight tested
(1) A person may flight test an aircraft only:
(a) over open water or a sparsely populated area; and
(b) where there is no more than light air traffic.
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.
Replacement Page Amdt No. 5
July 2004
Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
424
NOTE: PAGES 425 TO 436 HAVE BEEN OMITTED ON PURPOSE
(following the revocation of regulations associated with
dangerous goods by Stat Rules 2003 No. 365)
Replacement Page Amdt No. 5
July 2004
Civil Aviation Regulations 1988
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
437
PART 16 REFUSAL TO GRANT, AND SUSPENSION AND
CANCELLATION OF, LICENCES, CERTIFICATES
AND AUTHORITIES
263 Interpretation
(1) In this Part, unless the contrary intention appears:
authority means:
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