Civil Aviation Regulations 1988

Whenever any light is exhibited at or in the neighbourhood of an aerodrome, or in the neighbourhood of an air route or airway facility on an air route or airway, and the light is likely to endanger the safety of aircraft, whether by reason of glare, or by causing confusion with, or preventing clear reception of, a standard visual signal or aviation distress signal or of air route or airway facilities provided under the Air Services Act 1995; CASA may authorise a notice to be served upon the owner of the place where the light is exhibited or upon the person having charge of the light directing that owner or person, within a reasonable time to be specified in the notice, to extinguish or to screen effectually the light and to refrain from exhibiting any similar light in the future.

An owner or person on whom a notice is served under this regulation must comply with the directions contained in the notice.

An offence against subregulation (2) is an offence of strict liability.

For strict liability, see section 6.1 of the Criminal Code.

It is a defence to a prosecution under subregulation (2) if the defendant had a reasonable excuse.

A defendant bears an evidential burden in relation to the matter in subregulation (2B) (see subsection 13.3(3) of the Criminal Code).

If any owner or person on whom a notice under this regulation is served fails, within the time specified in the notice, to extinguish or to screen effectually the light mentioned in the notice, CASA may authorise an officer, with such assistance as is necessary and reasonable, to enter the place where the light is and extinguish or screen the light, and may recover the expenses incurred by CASA in so doing from the owner or person on whom the notice has been served.