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(1A) Strict liability applies to paragraphs (1) (a), (b) and (d).
Note For strict liability, see section 6.1 of the Criminal Code.
(2) In this regulation:
examination paper has the same meaning as in regulation 298A;
model answer has the same meaning as in regulation 298A.
298C Personation at examinations
(1) A person must not personate an examination candidate at a prescribed
examination.
Penalty: 50 penalty units.
(2) If a person is charged with an offence against subregulation (1), both
the personator and the candidate are taken not to have passed the
examination.
(3) If a person is charged with an offence against subregulation (1):
(a) the personator; and
(b) unless CASA is satisfied that the personation took place without
the candidate’s knowledge or consent—the candidate;
are not permitted to attempt any prescribed examination:
(c) unless the person is acquitted of the offence; or
(d) unless the charge is withdrawn; or
(e) until a period of one year has passed from the date of the
examination to which the charge related;
whichever happens first.
(4) In spite of subregulation (2), if:
(a) a person who attempted an examination is charged with an
offence against subregulation (1); and
(b) either:
(i) the person is acquitted of that offence; or
(ii) the charge is withdrawn; and
(c) the mark obtained by the person in the examination is more than,
or equal to, the pass mark for the examination;
the person is taken to have passed the examination.
Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
462
(5) In this regulation:
offence against subregulation (1) includes:
(a) an offence against section 11.1 or 11.4 of the Criminal Code in
relation to an offence against that subregulation; and
(b) an offence against subregulation (1) because of the operation of
section 11.2 or 11.3 of the Criminal Code.
(6) In this regulation:
personator means a person alleged to have personated a candidate;
prescribed examination has the same meaning as in regulation 298A.
298D Person not permitted to sit examination until Tribunal decides
(1) If a person applies under subregulation 297A (2) for review of
CASA’s decision that it is satisfied as mentioned in subregulation
298A (4), the person is not permitted to attempt any prescribed
examination:
(a) unless the Administrative Appeals Tribunal decides the
application in favour of the applicant; or
(b) until a period of one year passes from the date of the examination
to which the application relates;
whichever happens first.
(2) In this regulation:
prescribed examination has the same meaning as in regulation 298A.
298E Sitting examination when not permitted
(1) If:
(a) a person is not permitted to attempt a prescribed examination
because of subregulation 298A (5), 298C (3) or 298D (1); and
(b) the person attempts a prescribed examination;
the person is taken not to have passed the examination.
(2) In this regulation:
prescribed examination has the same meaning as in regulation 298A.
299 Change of address
(1) If the holder of a licence, certificate, permit or authority under these
Regulations changes his or her place of abode or business or the
address notified in accordance with regulation 298, or this regulation,
he or she shall forthwith furnish to CASA notice in writing of the
change.
Penalty: 5 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.
Civil Aviation Regulations 1988
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
463
301 Surrender of documents
(1) The holder of a licence, certificate or other document issued, or
required to be kept, under these Regulations, or a person having the
custody of a licence, certificate or other document issued, or required
to be kept, under these Regulations, shall, if CASA by notice in
writing so requires, surrender the licence, certificate or document to
CASA within such time as is specified in the notice.
Penalty: 5 penalty units.
(2) A person must not engage in conduct that results in the destruction,
mutilation or defacement of a document that the person is required to
surrender to CASA.
Penalty: 10 penalty units.
(3) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
302 Production of licences etc.
(1) Any person required under these Regulations to be the holder of a
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