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(3) If an emergency arises that, in the interests of safety, necessitates a
deviation from the requirements of an air traffic control clearance or
Air Traffic Control instructions, the pilot in command may make such
deviation as is necessary but shall forthwith inform air traffic control
of the deviation.
Penalty: 5 penalty units.
Replacement Page Amdt No. 8
December 2004
314 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(4) An offence against subregulation (1), (2) or (3) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
101 Procedure when air traffic control not in operation
An aircraft operating in a control zone or at a controlled aerodrome
shall not be required to comply with the provisions of paragraph
100 (2) (c) during any period in which air traffic control is not in
operation in respect of that control zone or controlled aerodrome.
105 Temporary medical unfitness of holder of licence
(1) If:
(a) the holder of an air traffic controller licence; or
(b) a person referred to in paragraph 65.035 (3) (a) or (d) of CASR;
suffers an incapacity resulting from illness or injury (even if only a
temporary incapacity resulting from a common minor ailment) that is
likely to impair his or her efficiency in performing the duties that he or
she is licensed or authorised to perform, he or she shall not, during the
period of incapacity, perform those duties.
Penalty: 10 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.
115 Medical unfitness of holder of licence
Where a person, being:
(a) the holder of a flight service licence; or
(b) a person referred to in paragraph 65.050 (3) (a) or (d) of CASR;
suffers an incapacity resulting from illness or injury (even if only a
temporary incapacity resulting from a common minor ailment) that is
likely to impair his or her efficiency in performing the duties that he or
she is licensed or authorised to perform, he or she shall not, during the
period of incapacity, perform those duties.
Replacement Page Amdt No. 8
December 2004
Civil Aviation Regulations 1988 315
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
Division 2 Meteorological Services
120 Weather reports not to be used if not made with authority
(1) The operator or pilot in command of an aircraft must not use weather
reports of actual or forecasted meteorological conditions in the
planning, conduct and control of a flight if the meteorological
observations, forecasts or reports were not made with the authority of:
(a) the Director of Meteorology; or
(b) a person approved for the purpose by CASA.
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.
316 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
Division 3 Statistical Returns
132 Statistical returns
(1) The owner of any aircraft shall furnish to CASA, or to an authorised
officer, such statistical returns or other information relating to the
aircraft and the crew thereof, the goods carried, other work performed
by the aircraft, the journeys made by the aircraft, and the development
of defects or failures in the aircraft, its engines or its accessories as
CASA from time to time directs.
Penalty: 10 penalty units.
(2) An airline, or the owner of an aircraft engaged in public transport
service, which uses any air route or airway facility maintained and
operated by AA must give CASA or an authorised officer any traffic
reports as CASA requires.
Penalty: 5 penalty units.
(3) A person must not disclose information received under subregulation
(2) if the disclosure is not:
(a) in the course of duty to another person performing duties under
these Regulations;
(b) with the consent of the airline or owner of the aircraft; or
(c) in pursuance of subregulation (4).
Penalty: 5 penalty units.
(3A) An offence against subregulation (1), (2) or (3) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(4) In accordance with Article 67 of the Convention, CASA shall transmit
to the Council of the International Civil Aviation Organisation such of
the particulars supplied in accordance with subregulation (2) as relate
　
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