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same manner as a person who is found committing a felony may, at
common law, be arrested by a constable and shall be dealt with in the
same manner as a person so arrested by a constable .
309A Instructions about activities on board aircraft
(1) Subject to subregulation (2), the operator, or pilot in command, of an
Australian aircraft may give an instruction, either orally or in writing,
prohibiting or limiting the doing of an act on board the aircraft during
flight time in the aircraft.
(2) The operator, or pilot in command, must not give an instruction unless
he or she is satisfied on reasonable grounds that the instruction is
necessary in the interests of the safety of air navigation.
(3) An instruction does not bind a person unless it is communicated to the
person.
(4) A person who is bound by an instruction must comply with the
instruction.
Penalty: 25 penalty units.
(5) An offence against subregulation (4) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(6) It is a defence to a prosecution under subregulation (4) if the person
had a reasonable excuse.
Note A defendant bears an evidential burden in relation to the matter in
subregulation (6) (see subsection 13.3 (3) of the Criminal Code).
Replacement Page Amdt No. 8
December 2004
Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
468
310 Variation of meaning of night
When the light in a particular area is affected by local atmospheric,
climatic or geographical conditions, CASA may determine the period
that is to be regarded as night in that area for the purposes of these
Regulations.
Note Pages 469-470 have been removed following the revocation of
regulations 310A to 310C by Statutory Rule 2004 No. 345.
Replacement Page Amdt No. 8
December 2004
Civil Aviation Regulations 1988
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
471
PART 20 TRANSITIONAL
311 Transitional
(1) If:
(a) an instrument (other than an Air Navigation Order or an
instrument delegating powers or functions) made, granted or
issued by a person under or for the purposes of a provision of the
Air Navigation Regulations 1947 (the ANR) was in effect
immediately before 30 June 1988; and
(b) that provision is one to which a provision of these Regulations
corresponds;
the instrument continues to have effect on and after that day as if it
had been made, granted or issued by the appropriate person under or
for the purposes of that corresponding provision.
(2) If:
(a) an Air Navigation Order issued under the ANR for the purposes
of a provision of those Regulations was in effect immediately
before 30 June 1988; and
(b) that provision is one to which a provision of these Regulations
corresponds;
the Air Navigation Order continues to have effect on and after that day
as if it had been issued by CASA for the purposes of that
corresponding provision.
(3) If:
(a) any act done, step taken or decision made (not being the making,
granting or issuing of an instrument) by a person under or for the
purposes of a provision of the ANR was in effect immediately
before 30 June 1988; and
(b) that provision is one to which a provision of these Regulations
corresponds;
the act, step or decision continues to have effect on and after that day
as if it had been done, taken or made by the appropriate person under
or for the purposes of that corresponding provision.
(4) An Air Navigation Order referred to in subregulation (2) is, in its
operation on and after 30 June 1988, taken to be a Civil Aviation
Order.
(5) If any act done, step taken or decision made by a person under or for
the purposes of an Air Navigation Order referred to in subregulation
(2) was in effect immediately before 30 June 1988, the act, step or
decision continues to have effect on and after that day as if it had been
done, taken or made by the appropriate person under or for the
purposes of that Air Navigation Order as continued in effect after that
day as a Civil Aviation Order.
Replacement Page Amdt No. 8
December 2004
Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
472
(6) In an instrument (including an Air Navigation Order) that, by virtue of
this regulation, continues to have effect in the manner provided in this
regulation:
(a) a reference to the Secretary to the Department is to be read as a
　
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