Commonwealth Consolidated Regulations

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CIVIL AVIATION REGULATIONS 1988 - REG 297

Evidence

  (1)   CASA may, in writing, certify that:

  (a)   a document required to be surrendered to CASA in accordance with a notice in writing under regulation   301 has not been so surrendered;

  (b)   a document annexed to the certificate is a true copy of the text of the Chicago Convention or of an annex   adopted in pursuance of the Convention; or

  (c)   a document annexed to the certificate is a true copy of a Civil Aviation Order, AIP, NOTAM, licence, certificate, permit, direction, authority, notice, order, approval or other document published, given or issued under these Regulations.

  (2)   CASA, in a certificate under paragraph   (1)(c), may certify that the document of which the document annexed to the certificate is certified to be a true copy was, on a specified date or between specified dates, posted to:

  (a)   the defendant in a prosecution for an offence against these Regulations or in any proceedings for the recovery of moneys under these Regulations; or

  (b)   the applicant or other specified person in any review, investigation or inquiry conducted or made under these Regulations.

  (3)   CASA, or the officer having custody of the appropriate records of CASA, may, in writing, certify that, during a specified period or on a specified date:

  (a)   a person was or was not licensed;

  (b)   an aircraft was or was not registered;

  (c)   a certificate of airworthiness of an aircraft had or had not been issued, was valid or invalid for the purposes of these Regulations or was subject to specified conditions;

  (e)   a place was or was not any of the following:

  (i)   a certified aerodrome;

  (ii)   an aerodrome registered under Part   139 before the commencement of the Civil Aviation Safety Amendment (Part   139) Regulations   2019 ;

  (iii)   licensed for use as an aerodrome;

  (iv)   authorised for use as an aerodrome;

  (f)   a permit, direction, authority, notice, order or approval required under these Regulations had or had not been issued under these Regulations; or

  (g)   a licence or certificate issued under these Regulations was or was not suspended, cancelled or endorsed with a specified endorsement.

  (4)   In all courts and in any review, investigation or inquiry conducted or made under these Regulations, a certificate purporting to have been given under this regulation:

  (a)   shall, unless the contrary is proved, be deemed to be a certificate given by a person empowered by this regulation to give the certificate; and

  (b)   is evidence of the facts stated in the certificate, and, in the case of a certificate certifying that a document was posted to the defendant in a prosecution for an offence against these Regulations or an applicant or a specified person in any review, investigation or inquiry conducted or made under these Regulations, is evidence that the document was received by the defendant, applicant or specified person on or about the time at which it would have been received in the ordinary course of post.

  (5)   For the purposes of establishing liability to charges as defined by section   66 of the Act, a flight by an aircraft may be identified by documentation that includes:

  (a)   a flight strip summary, being a document known by that description issued by CASA for the purpose of enabling officers of CASA to compile records of aircraft movements in relation to aerodromes;

  (b)   messages extracted from the message switching system known as the Aeronautical Fixed Telecommunication Network as referred to in Annex   10 to the Chicago Convention;

  (c)   the flight plan submitted to air traffic control by the pilot in command of the aircraft; and

  (d)   an invoice, being an invoice containing a printout of computerised records of each flight to which the invoice relates.

 


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