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proved.
296H Can there be more than one infringement notice for the same
offence?
This Division does not prevent the service of more than one
infringement notice on a person for the same offence, but regulation
296F applies to the person if the person pays the prescribed penalty in
accordance with one of the infringement notices.
296I What if payment is made by cheque?
If a cheque is offered to CASA as payment of all or part of the amount
of a prescribed penalty, payment is taken not to have been made unless
the cheque is honoured upon presentation.
296J This Division does not prevent a matter being prosecuted in a
court and does not mean that an infringement notice must be
served in all cases
Nothing in this Division:
(a) requires an infringement notice to be served on a person in
relation to a prescribed offence; or
(b) affects the liability of a person to be prosecuted for a prescribed
offence if the person does not comply with an infringement
notice; or
(c) affects the liability of a person to be prosecuted for a prescribed
offence if an infringement notice is not served on the person in
relation to a prescribed offence; or
(d) limits the amount of the fine that may be imposed by a court on a
person convicted of a prescribed offence.
Civil Aviation Regulations 1988
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
453
PART 18 EVIDENCE
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 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 licensed for use as an aerodrome or was or
was not 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:
Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
454
(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
　
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