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endorsement, does not satisfy the recency or currency
requirement;
(c) a person who:
(i) holds an ATC licence; and
(ii) carries out the function in the course of training for a
rating or endorsement (whether or not the person holds a
rating or endorsement at the time);
(d) a person (other than a person who held an ATC licence that has
been cancelled) who:
(i) has completed an approved course of training in the theory
of air traffic control; and
(ii) carries out the function in the course of undergoing
practical training for an ATC licence.
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page Amdt No. 11 – December 2004 Civil Aviation Safety Authority
Part 65 — 7
65.040 Rules applicable when a person performs ATC function under
supervision
(1) If a person to whom subregulation 65.035 (3) applies (the trainee) is
carrying out an air traffic control function under the supervision of a
person who meets the requirements of subregulation 65.035 (1) (the
supervisor), this regulation applies.
(2) The trainee must comply with the supervisor’s directions.
Penalty: 25 penalty units.
(3) Any failure by the supervisor to supervise the trainee adequately is not
an offence, but may be taken into account in considering whether the
supervisor’s ATC licence should be suspended or cancelled.
65.045 Offences — carrying out ATC function without authority
(1) A person who is not authorised to do so by subregulation 65.035 (1)
or (2) must not carry out an air traffic control function in Australian
territory.
Penalty: 25 penalty units.
(2) A person to whom subregulation 65.035 (3) applies must not carry out
an air traffic control function in Australian territory if the person is
not acting under the supervision of a person who meets the
requirements of subregulation 65.035 (1).
Penalty: 25 penalty units.
(3) Strict liability applies to the following physical elements:
(a) in subregulation (1) — that the person is not authorised by
subregulation 65.035 (1) or (2);
(b) in subregulation (2) — that the person under whose supervision
the air traffic control function is carried out is a person who
meets the requirements of subregulation 65.035 (1).
Note For strict liability, see section 6.1 of the Criminal Code.
(4) It is a defence to a charge of contravening subregulation (1) or (2) that
the relevant action was, in the circumstances, reasonable in the
interests of the safety of air navigation.
Note A defendant bears an evidential burden in relation to the matter mentioned in
subregulation (4).
65.050 Authority to carry out flight service function
(1) A person may carry out a flight service function in Australian territory
if, at the time he or she carries out the function:
(a) he or she holds a flight service licence with a rating for the
function and an endorsement for the place where, or the airspace
in relation to which, he or she carries it out; and
(b) the licence, rating and endorsement are in force; and
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page Amdt No. 11 – December 2004 Civil Aviation Safety Authority
Part 65 — 8
(c) he or she:
(i) satisfies the recency and currency requirements in relation
to the endorsement; and
(ii) satisfies the currency requirement in relation to the rating.
(2) A person to whom subregulation (3) applies may carry out a flight
service function in Australian territory under the supervision of a
person who meets the requirements of subregulation (1).
(3) This subregulation applies to each of the following persons:
(a) a person who CASA has authorised in writing to carry out the
function;
(b) a person who:
(i) holds a flight service licence with a rating for the function
and an endorsement for the place where, or the airspace in
relation to which, he or she carries it out; but
(ii) at the relevant time, in relation to the rating or
endorsement, does not satisfy the recency or currency
requirement;
(c) a person who:
(i) holds a flight service licence; and
(ii) carries out the function in the course of training for a
rating or endorsement (whether or not the person holds a
rating or endorsement at the time);
(d) a person (other than a person who held a flight service licence
that has been cancelled) who:
(i) has completed an approved course of training in the theory
of flight service; and
(ii) carries out the function in the course of undergoing
　
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