Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:4:p13
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 4 (pt 13/30)
Character Range: 1503804–1506474

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
 (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; and
 (d) he or she holds a Class 3 medical certificate.
 (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:
 (ia) holds a Class 3 medical certificate; and
 (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
 (ia) holds a Class 3 medical certificate; 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
 (ia) holds a Class 3 medical certificate; and
 (ii) carries out the function in the