4 an offence against subregulation 3 is an offence of

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(4) An offence against subregulation (3) is an offence of strict liability. Note: For strict liability , see section 6.1 of the Criminal Code . Authorised Version F2017C00094 registered 01/02/2017
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Airworthiness requirements Part 4 Certificates of approval, aircraft maintenance engineer licences, airworthiness authorities and aircraft welding authorities Division 3 Regulation 33I Civil Aviation Regulations 1988 45 Compilation No. 87 Compilation date: 27/1/17 Registered: 31/1/17 (5) It is a defence to a prosecution under subregulation (3) if the defendant had a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subregulation (5) (see subsection 13.3(3) of the Criminal Code ). Authorised Version F2017C00094 registered 01/02/2017
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Part 4A Maintenance Division 4 Miscellaneous Regulation 37 46 Civil Aviation Regulations 1988 Compilation No. 87 Compilation date: 27/1/17 Registered: 31/1/17 Division 4—Miscellaneous 37 Permissible unserviceabilities (1) CASA may, for the purposes of these Regulations, approve a defect in, an Australian aircraft, or any aircraft included in a class of aircraft, as a permissible unserviceability in relation to the aircraft or to Australian aircraft included in the class of aircraft, as the case may be. (2) CASA may, for the purpose of ensuring the safety of air navigation, direct that the use of an Australian aircraft with a permissible unserviceability is subject to such conditions as are set out in the direction. (2A) A person must comply with a condition set out in a direction. Penalty: 50 penalty units. (2B) An offence against subregulation (2A) is an offence of strict liability. Note: For strict liability , see section 6.1 of the Criminal Code . (3) A direction given under subregulation (2) does not have effect in relation to a person until it has been served on the person. Part 4A—Maintenance Division 1—Maintenance directions by CASA 38 Maintenance directions (1) CASA may give directions relating to the maintenance of Australian aircraft for the purpose of ensuring the safety of air navigation. (2) A direction is not binding on a person unless it has been served on the person. Authorised Version F2017C00094 registered 01/02/2017
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Maintenance Part 4A Maintenance directions by CASA Division 1 Regulation 38 Civil Aviation Regulations 1988 47 Compilation No. 87 Compilation date: 27/1/17 Registered: 31/1/17 (3) A person must not contravene a direction that is binding on the person. Penalty: 50 penalty units. (4) If a direction relating to an aircraft is binding on the holder of the certificate of registration for the aircraft, the holder must take reasonable steps to ensure the direction is brought to the attention of any person who is likely to fly, or issue a maintenance release for, the aircraft. Penalty: 50 penalty units. (5) An offence against subregulation (3) or (4) is an offence of strict liability.
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