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Replacement Page Amdt No. 8
December 2004
Civil Aviation Regulations 1988 311
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(7) If a person on whom a notice under subregulation (4) is served fails to
comply with the requirements of the notice, an officer authorised for
the purpose by CASA may, with such assistance as is necessary and
reasonable, enter upon the land and remove or deal with the waste
foodstuffs.
312 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
PART 10 AIR TRAFFIC SERVICES AND OTHER SERVICES
Division 1 Air Traffic Services
99AA Air Traffic—Services, directions and instructions
(3) A pilot in command of an aircraft must not engage in a V.F.R. flight in
airspace designated as belonging to Class A airspace without CASA’s
approval.
Penalty: 50 penalty units.
(5) CASA may give directions or instructions about the use of a class of
airspace, a controlled aerodrome, a control area or a control zone by
either or both of the following:
(a) aircraft engaged in I.F.R. flights;
(b) aircraft engaged in V.F.R. flights.
(5A) If:
(a) an area of Australian territory has been declared to be a restricted
area or a danger area; and
(b) the airspace above that area is, or is part of, a class of airspace;
CASA may give directions or instructions about the use of the airspace
above that area that are different from instructions it gives under
subregulation (5) about the use of the class of airspace.
(6) A direction, instruction or particulars of a service must be given by
means of Civil Aviation Orders or published in AIP or NOTAMS.
(6A) A direction or an instruction under subregulation (5) or (5A) that is not
given by means of a Civil Aviation Order is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation Act 1901.
(7) A pilot in command of an aircraft must not engage in a flight, or part
of a flight, in contravention of a direction or instruction under
subregulation (5) or (5A).
Penalty: 50 penalty units.
(8) An offence against subregulation (3) or (7) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
99A Broadcasts to be made at certain aerodromes
(1) CASA may:
(a) designate an aerodrome as an aerodrome at which broadcast
requirements apply; and
(b) designate airspace within defined horizontal and vertical limits as
an area in which broadcast requirements apply.
(3) CASA may give directions specifying:
(a) the broadcast requirements that apply; and
(b) the radio frequency on which broadcasts must be made;
Civil Aviation Regulations 1988 313
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
at a particular aerodrome, or in a particular area, designated under
subregulation (1).
(4) If CASA gives a direction, it must publish a notice setting out the
details of the direction in AIP or NOTAMS.
(5) A pilot in command of an aircraft that is operating at an aerodrome or
area designated under subregulation (1) must not contravene a
direction that applies to that aerodrome or area.
Penalty: 50 penalty units.
(6) An offence against subregulation (5) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(7) It is a defence to a prosecution under subregulation (5) if the defendant
had a reasonable excuse.
Note A defendant bears an evidential burden in relation to the matter in
subregulation (7) (see subsection 13.3 (3) of the Criminal Code).
100 Compliance with air traffic control clearances and air traffic
control instructions
(1) The pilot in command of an aircraft must comply with air traffic
control instructions.
Penalty: 50 penalty units.
(2) The pilot in command of an aircraft must not allow the aircraft to:
(a) enter, operate in, or leave a control area;
(b) operate outside a control area as a result of a diversion out of that
control area in accordance with air traffic control instructions; or
(c) enter, operate in, or leave a control zone or operate at a controlled
aerodrome;
if the movement or operation is not in accordance with an air traffic
control clearance in respect of the aircraft.
Penalty: 50 penalty units.
(2A) Subregulation (2) does not apply if the movement or operation:
(a) is authorised by:
(i) air traffic control; or
(ii) a notification in Aeronautical Information Publications or
NOTAMS; or
(b) is made in an emergency in accordance with subregulation (3).
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