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If CASA suspends a licence or certificate or an authority, its holder is
taken not to be the holder of the licence, certificate or authority during
the period of the suspension.
Replacement Page — Amdt No. 3
October 2003
Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
442
PART 17 PENAL PROVISIONS AND PROSECUTIONS
Division 1 Penal Provisions
282 Offences in relation to licences, certificates and authorities
(1) A person shall not, if the person is not specially permitted by or under
these Regulations, perform any duty or exercise any function or do any
act for which:
(a) a licence;
(b) a certificate; or
(c) a rating or other endorsement on a licence or certificate;
is required under these Regulations, without holding:
(d) the appropriate licence or certificate; or
(e) a licence or certificate containing the appropriate rating or other
endorsement.
Penalty: 50 penalty units.
(2) Where a licence or certificate is suspended, or a rating or other
endorsement on a licence or certificate is suspended or cancelled,
under these Regulations, the person to whom the licence or certificate
was granted shall not, for the purposes of subregulation (1) be deemed
to be the holder of the licence or certificate or a licence or certificate
containing the rating or other endorsement, as the case may be, during
the period of suspension or cancellation.
(3) A person shall not purport to give a certificate, or to issue a document,
for the purposes of these Regulations if he or she is not authorised
under these Regulations to do so.
Penalty: 50 penalty units.
(4) The holder of a licence, a certificate, an airworthiness authority or an
aircraft welding authority shall not:
(a) negligently perform a duty that he or she is qualified to perform
under the terms of the licence, certificate, airworthiness authority
or aircraft welding authority; or
(b) issue a certificate that he or she is required or empowered to issue
under these Regulations without ensuring that all matters certified
therein are true and correct in every material particular.
Penalty: 25 penalty units.
(5) An offence against subregulation (1) or (2) or paragraph (4) (b) is an
offence of strict liability.
Note For strict liability see section 6.1 of the Criminal Code.
Replacement Page — Amdt No. 3
October 2003
Civil Aviation Regulations 1988
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
443
286 Stowaways
(1) A person must not secrete himself or herself in an aircraft, or travel in
an aircraft without the consent of the operator or pilot in command.
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.
287 Power of Court to order returns etc. to be furnished
Where any person is convicted of an offence under these Regulations
for failure to furnish any return or to comply with a notice to surrender
a document, the Court before which he or she is convicted may, in
addition to imposing any pecuniary or other penalty, order the
defendant to furnish the return or surrender the document, as the case
may be.
288 Detention of aircraft
(1) Where it appears to CASA that any aircraft is intended or likely to be
flown in such circumstances that the flight would involve an offence
against these Regulations or be a cause of danger to persons in the
aircraft or to persons or property on the ground, CASA may take such
action by way of detention of the aircraft or such other action as is
necessary for the purpose of causing the circumstances relating to the
flight to be investigated or the aircraft to be inspected.
(2) Where an aircraft has been detained in pursuance of subregulation (1),
the aircraft shall not be used until CASA, being satisfied that the
Regulations are being complied with, approves, or until such
alterations or repairs as CASA considers necessary to render the
aircraft fit for flight have been made.
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.
289 Creation of fire hazard
(1) Subject to these Regulations, a person shall not smoke or do any act to
procure a naked flame within 15 metres of an aircraft or in any part of
an aerodrome in which a notice indicates that smoking is prohibited.
Penalty: 10 penalty units.
(2) A person shall not do any act likely to create a fire hazard endangering
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