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negligently. For some offences the mental state is part of the definition of the offence,
as in ‘wilful murder’ — wilful in this case meaning intentional. In such cases the
prosecution must prove that the accused person both did the act and had the necessary
mental state. For offences of strict liability, however, no mental state forms part of the
definition of the offence, and the prosecution need not prove that the act was done
intentionally, negligently or recklessly, but only that it was done by the person accused.
43. Strict liability has nothing to do with the seriousness of an offence — in fact, the
less serious an offence is, the more likely it is to be one of strict liability.
44. Strict liability also does not take away any defences that would otherwise be
available — in fact, before it became necessary to state that an offence was strict
liability, if the defence of ‘reasonable excuse’ was available for the offence, the courts
regarded that fact as an indication that the offence was intended to be one of strict
liability.
45. Strict liability also does not mean that an assertion by the prosecutor is enough to
get the defendant convicted. Strict liability or not, the prosecution must still put before
the court evidence that establishes the defendant’s guilt beyond reasonable doubt.
46. There are also provisions in the Commonwealth Crimes Act 1914 relevant to
matters like the legal burden of proof.
47. Fines for offences created by the Regulations are expressed in penalty units. The
amount of the penalty unit is specified in section 4AA of the Crimes Act 1914.
Currently, 1 penalty unit is $110.
How the Parts relate to each other
48. Many of the Parts deal or will deal with particular kinds of aviation activity —
for example, Part 101 will deal with the operation of unmanned aircraft and rockets and
Part 103 will deal with sport and recreational aviation operations. Each of those Parts is
constructed to be as self-contained as possible, so that if you want to know what rules
apply to sport flying you will find them all together.
Civil Aviation Safety Regulations 1998 (CASR)
CASR — 1st Edition – January 2003 Office of Legal Counsel
Replacement Page Amdt No. 11 — December 2004 Civil Aviation Safety Authority
Guide — 8
49. However, there are other Parts dealing with particular issues such as aircraft
registration or marking. These other parts may or may not apply to particular kinds of
aircraft or a particular activity. For example, an unmanned aircraft usually does not
need to be either registered or marked, so that neither Part 45 (dealing with marking) nor
Part 47 (which deals with registration) apply to it. If an ancillary part such as Part 45
does not apply to a particular kind of aircraft or aviation operation, that fact will always
be stated in the particular Part that applies to the aircraft or activity.
50. Most Parts include a regulation headed ‘Applicability of this Part’ that sets out
the activities to which the Part applies.
Notes and this Guide
51. Notes in the text, like this Guide, are not part of the Regulations even though
they appear with the text of the Regulations (see regulation 1.007). Like this Guide,
notes are intended only to help you use the Regulations. However, if the text of the
Regulations is ambiguous or unclear, Commonwealth law allows a Court to use the
notes or this Guide to help it work out what the text means. (For more information, see
the Commonwealth Acts Interpretation Act 1901, section 15AB.)
Incorporated manuals
52. Many Parts of CASR are supported by a Manual of Standards that contains
detailed technical material, such as technical specifications and standards. The text of a
Manual is often incorporated in CASR by reference. There will usually be a definition
of ‘Manual’, ‘Manual of Standards’ or ‘MOS’ (probably followed by a reference to a
Part of CASR), which will say something like:
‘For this Part (that is, Part of the Regulations):
‘MOS Part 43 means the document called Manual of Standards — Part 43,
published by CASA, as in force from time to time’.
Note that for a particular Part of CASR, only part of the Manual may be incorporated,
and that part of the relevant Manual is what ‘Manual’ or ‘MOS’ will mean for that Part.
53. A Manual may be amended from time to time, but the amendments will be done
in a similar way to amendments to CASR or CAR (for the procedure, see paragraphs 79
to 91A of this Guide).
How to find things in the Regulations
54. The Regulations and the notes contain many cross-references. Cross-references
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