Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:4:p79
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 4 (pt 79/105)
Character Range: 863158–865985

with the prescribed requirement; or
 (ii) to display no markings;
  for the purposes of an exhibition; and
 (b) the aircraft is operated for the exhibition during the period of the approval; and
 (c) the requirements specified in the approval are complied with.

Exception—certain Commonwealth and State functions
 (5) Subregulation (1) does not apply if the aircraft is operated:
 (a) in relation to the performance of a function of an authority of the Commonwealth, or an authority or agency of a State; and
 (b) in circumstances in which knowledge of the operation may:
 (i) reduce the effectiveness of the performance of the function; or
 (ii) expose a person to the danger of physical harm or death arising from the actions of another person.

Offence
 (6) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (2) to (5): see subsection 13.3(3) of the Criminal Code.

45.060  Designs etc. not to modify, obscure or create confusion about sets of markings
 (1) The registration holder and the registered operator of an aircraft each contravene this subregulation if:
 (a) the aircraft is operated; and
 (b) a design, mark or symbol on an aircraft modifies, obscures or creates confusion about a set of markings on the aircraft.
 (2) Subregulation (1) does not apply in relation to:
 (a) a Defence Force symbol or call‑sign on an aircraft operated by the Defence Force; or
 (b) a design, mark or symbol on an aircraft approved in writing by CASA.
 (3) CASA must not grant an approval under paragraph (2)(b) if granting the approval would adversely affect the safety of air navigation.

Offence
 (4) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (2): see subsection 13.3(3) of the Criminal Code.

45.065  Approval to operate with different markings—aircraft of special configuration
 (1) The registration holder of an aircraft may apply to CASA for approval to display markings on the aircraft other than in accordance with a requirement (the prescribed requirement) prescribed by the Part 45 Manual of Standards under regulation 45.050.
 (2) CASA must approve the application if CASA is satisfied that, because of the configuration of the aircraft, the prescribed requirement specified in the application cannot be met.
 (3) The approval must:
 (a) be in writing; and
 (b) specify the requirements for the display of markings on the aircraft that must be met.

45.070  Approval to operate with different or no markings—aircraft operated for an exhibition

Applications for approval to display different or