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log book must retain it for as long as the person holds a flight crew
licence, a special pilot licence or a certificate of validation.
Penalty: 5 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
168 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
5.54 Evidence of identity
(1) CASA may require a person to produce evidence of his or her identity
before:
(a) CASA issues a flight crew licence, a special pilot licence, a
certificate of validation, a flight crew rating or an aircraft
endorsement to the person; or
(b) the person attempts an examination conducted by CASA.
(1A) In spite of anything else in these Regulations, if a person is required to
produce evidence of his or her identity under subregulation (1), then
until the person produces the evidence :
(a) CASA may refuse to issue the licence, certificate, rating or
endorsement; or
(b) CASA may refuse to allow the person to attempt the examination.
(2) A person who is permitted by this Part to conduct an examination may
require a person to produce evidence of his or her identity before he or
she attempts an examination conducted by the first-mentioned person.
[Note Under regulation 2, examination includes flight tests.]
(2A) If a person is required to produce evidence of his or her identity under
subregulation (2), the examiner may refuse to allow the person to
attempt the examination until he or she produces the evidence.
(3) Subject to subregulation (4), if there are reasonable grounds for
believing that a person has performed, or is about to perform, a duty
essential to the operation of an Australian aircraft, CASA may require
the person to produce evidence of his or her identity.
(3A) In spite of anything in these Regulations, if a person who is about to
perform a duty essential to the operation of an Australian aircraft is
required to produce evidence of his or her identity under subregulation
(3), CASA may direct the person not to perform the duty until he or
she produces the evidence.
(3B) A person must not contravene a direction under subregulation (3A).
Penalty: 25 penalty units.
(4) CASA must not require a person to produce evidence of his or her
identity under subregulation (3) unless it is necessary to do so in the
interests of the safety of air navigation.
(5) If a person who has performed a duty essential to the operation of an
Australian aircraft is required to produce evidence of his or her
identity under subregulation (3), the person must not refuse to produce
the evidence.
Penalty: 25 penalty units.
(6) An offence against subregulation (3B) or (5) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
Civil Aviation Regulations 1988 169
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
5.55 Flight time limitations
(1) CASA may give directions to the holder of a flight crew licence, a
special pilot licence or a certificate of validation, or to an aircraft
operator, about:
(a) the number of hours that the holder may fly in any period as a
member of the flight crew of an aircraft; and
(b) the length of each tour of duty undertaken by the holder; and
(c) the length of reserve time for the holder; and
(d) the rest periods that must be taken by the holder; and
(e) the circumstances in which the holder must not:
(i) fly as a member of the flight crew of an aircraft; or
(ii) perform any other duty associated with his or her
employment; and
(f) the circumstances in which an operator must not require the
holder:
(i) to fly as a member of the flight crew of an aircraft; or
(ii) perform any other duty associated with the holder’s
employment.
(2) A person must not contravene a direction under subregulation (1).
Penalty: 25 penalty units.
(3) An offence against subregulation (2) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(4) It is a defence to a prosecution under subregulation (2) if the defendant
had a reasonable excuse.
Note A defendant bears an evidential burden in relation to the matter in
subregulation (4) (see subsection 13.3 (3) of the Criminal Code).
5.56 Production of licence etc.
(1) CASA may request the holder of a flight crew licence, a special pilot
licence or a certificate of validation to produce to CASA any or all of
the following:
(a) his or her licence or certificate;
　
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