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(b) any property, vehicle, animal or bird is found in contravention of
paragraph (1) (b), (c), (d) or (e);
any authorised person may apprehend and remove that person,
property, vehicle, animal or bird, as the case may be, without being
deemed guilty of any act of trespass.
(3) In this regulation:
authorised person means an officer or employee of CASA, a member
of the Defence Force, a constable, an aerodrome operator, a person
authorised by the aerodrome operator, or the pilot in command of an
aircraft;
Replacement Page Amdt No. 8
December 2004
Civil Aviation Regulations 1988
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
447
prohibited area, in relation to an aerodrome, means any part of the
aerodrome upon which is posted a notice relating to that part of the
aerodrome, being a notice to the effect that trespassing upon that part
of the aerodrome is prohibited and purporting to have been posted
with the authority of CASA.
Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
448
Division 2 Prosecutions
296 Time for commencing prosecutions
(1) A prosecution in respect of any offence against these Regulations may
be commenced at any time within 3 years after the commission of the
offence.
(2) For the purposes of subregulation (1), time shall be deemed not to run
during any period after the commission of an offence and before the
institution of proceedings in respect thereof for which the defendant is
outside Australian territory.
Civil Aviation Regulations 1988
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
449
Division 3 Infringement Notices
296A Definitions for Division 3 of Part 16
In this Division:
infringement notice means a notice served under regulation 296B.
prescribed offence means an offence under these Regulations.
Note Subregulation 2C (1) provides that CASR is to be read with, and as if it
formed part of, CAR.
prescribed penalty, for a prescribed offence, means:
(a) if the maximum penalty for the offence is 5 or 10 penalty units —
a penalty of 1 penalty unit; or
(b) if the maximum penalty for the offence is 15, 20 or 25 penalty
units — a penalty of 3 penalty units; or
(c) if the maximum penalty for the offence is more than 25 penalty
units — a penalty of 5 penalty units.
296B When can an infringement notice be served?
If an authorised person has reason to believe that a person has
committed a prescribed offence, he or she may serve on the person an
infringement notice in accordance with this Division.
296C Can an infringement notice be withdrawn?
(1) An authorised person may withdraw an infringement notice served on
a person (in this regulation called “the recipient”) by serving written
notice of the withdrawal on the recipient:
(a) within 28 days after the date of service of the infringement
notice; or
(b) if an authorised person allows the recipient a further period of
time in which to pay the prescribed penalty for the offence
mentioned in the notice—before the end of the further period.
(2) Without limiting the generality of subregulation (1), the authorised
person may withdraw the infringement notice after taking into
account:
(a) whether the recipient has previously been convicted of an offence
against these Regulations; or
(b) the circumstances in which the offence specified in the notice is
alleged to have been committed; or
(c) whether an infringement notice has previously been served on the
recipient in relation to an offence of the same type as the offence
specified in the notice and in relation to which the recipient paid
the prescribed penalty; or
(d) any other relevant matter.
Replacement Page Amdt No. 8
December 2004
Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
450
(3) If:
(a) the recipient pays the prescribed penalty within 28 days after the
date of service of the notice, or within any further period (not
being more than 28 days) allowed by an authorised person
(whether before or after the end of the first 28 day period); and
(b) the notice is withdrawn after the recipient pays the penalty;
CASA must refund to the recipient an amount equal to the amount
paid.
296D How are infringement notices and withdrawals of notices to be
served?
An authorised person may serve an infringement notice, or a notice of
　
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