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installed, or to be installed, in the aircraft; and
(iii) all documents associated with the construction, assembly or
maintenance, as the case may be; and
(c) shall, at all reasonable times, have access to any aircraft for the
purpose of inspecting the aircraft.
(1A) A person must not prevent, or hinder, access by an authorised person
to any place to which access is necessary for the purpose of carrying
out any of the authorised person’s powers or functions under these
Regulations.
Penalty: 50 penalty units.
(1B) An offence against subregulation (1A) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(2) An authorised person must produce his or her identity card for
inspection:
(a) while acting as an authorised person; and
(b) if asked to do so by the occupier or person in charge, or
apparently in charge, of the place or thing to which access is
sought.
(3) Where an authorised person:
(a) is acting as an authorised person; and
(b) seeks or is allowed access to a place or thing specified in
subregulation (1); and
(c) fails to produce his or her identity card for inspection when asked
to do so;
that person is not authorised to access under that subregulation and, if
access has been given to that person, that access is to be terminated.
Replacement Page Amdt No. 8
December 2004
Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
466
306 Liability for damage to aircraft during official tests
CASA or an officer shall not be liable for any loss or damage to an
aircraft which occurs while the aircraft is in the custody of CASA for
the purpose of official flying trials or other official tests, or in the
course of transit to and from the place fixed for those trials or tests, or
during any inspection by an officer in pursuance of these Regulations.
308 CASA may grant exemptions
(1) CASA may, in relation to a particular aircraft or specified type or
category of aircraft, do either or both of the following by instrument in
writing:
(a) exempt that aircraft or aircraft of the specified type or category,
as the case may be, from compliance with specified provisions of
CAR;
(b) exempt persons from compliance with specified provisions of
CAR while they are in, on, or otherwise associated with the
operation of, that aircraft, or aircraft of the specified type or
category, as the case may be.
(2) Before CASA decides to exempt under subregulation (1) an aircraft or
person from compliance with specified provisions of CAR, CASA
must take into account any relevant considerations relating to the
interests of safety.
(3) An exemption under subregulation (1) is subject to the aircraft or
persons exempted complying with such conditions (if any) as CASA
specifies in the instrument as being necessary in the interests of safety
(having regard to those interests and the exemption concerned).
(3A) A person must not contravene a condition specified in an instrument
of exemption.
Penalty: 50 penalty units.
(3B) An offence against subregulation (3A) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(4) An instrument under subregulation (1) is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act 1901.
Note CASA can issue exemptions from CASR under Subpart 11.F of CASR.
Replacement Page Amdt No. 8
December 2004
Civil Aviation Regulations 1988
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
467
309 Powers of pilot in command
(1) The pilot in command of an aircraft, with such assistance as is
necessary and reasonable, may:
(a) take such action, including the removal of a person from the
aircraft or the placing of a person under restraint or in custody, by
force, as the pilot considers reasonably necessary to ensure
compliance with the Act or these Regulations in or in relation to
the aircraft; and
(b) detain the passengers, crew and cargo for such period as the pilot
considers reasonably necessary to ensure compliance with the Act
or these Regulations in or in relation to the aircraft.
(2) A person who, on an aircraft in flight, whether within or outside
Australian territory, is found committing, or is reasonably suspected of
having committed, or having attempted to commit, or of being about
to commit, an offence against the Act or these Regulations may be
arrested without warrant by a member of the crew of the aircraft in the
　
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