Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:5:p104
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 5 (pt 104/117)
Character Range: 3780110–3782774

data about an object or structure:
 (a) the person who owns, controls or operates the object or structure;
 (b) the name, identification or designation of the object or structure;
 (c) the type of object or structure, including whether the object or structure is a building, telecommunications tower or wind turbine;
 (d) the geographic location of the object or structure;
 (e) the height of the object or structure;
 (f) the elevation above mean sea level of the object or structure;
 (g) whether the object or structure is marked;
 (h) if the object or structure is marked—how it is marked;
 (i) whether the object or structure is lit;
 (j) if the object or structure is lit—how it is lit;
 (k) any other data that is necessary in the interests of aviation safety.
 (2) A request for data under this Subpart must state the following:
 (a) the format in which the data must be provided;
 (b) that the request must be complied with within 28 days after receiving the request.
 (3) A request for data under this Subpart may state other requirements in relation to the data (for example, the degree of accuracy or resolution of the data).

Extension of time for compliance
 (4) The recipient of a request may, before the end of 28 days after receiving the request, ask AA for an extension.
 (5) AA may, by written notice given to the recipient, grant the extension.

175.490  Objects and structures that affect aviation safety—requests for data from owners etc.
 (1) AA may, by written notice given to a person who owns, controls or operates an object or structure, request the person to give AA data mentioned in subregulation 175.485(1) about the object or structure.
 (2) A person commits an offence if:
 (a) AA gives the person a request under this regulation; and
 (b) the person does not comply with subregulation (3) or (4).
Penalty: 50 penalty units.
 (3) For paragraph (2)(b), the person must comply with the request within:
 (a) if AA grants an extension under subregulation 175.485(5)—the time stated in the notice of extension; or
 (b) if paragraph (a) does not apply—28 days after receiving the request.
 (4) For paragraph (2)(b), the person must specify the degree of accuracy of the data the person supplies.
 (5) Subregulation (2) does not apply if:
 (a) the person does not possess the data requested; and
 (b) the person has taken all reasonable steps available to the person to obtain the data requested and has been unable to obtain the data.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (5): see subsection 13.3(3) of the Criminal Code.
 (6) An offence against this regulation is an offence of strict