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Old 1st Jan 2013, 15:58
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9.G
 
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I've been digging a bit and that's what I found out:

CASR Division 13.K.2
Demerit points scheme
13.370 Offences to which demerit points scheme applies (Act s 30DT)
(1) All offences under CAR and CASR that are specified as strict liability offences are prescribed as offences to which Division 3D (Demerit points scheme) of Part III of the Act applies.
(2) The number of points that are incurred in relation to an offence to which that Division applies are as follows:
(a) if the maximum penalty for the offence is 10 penalty units or less — 1 demerit point;
(b) if the maximum penalty for the offence is more than 10 penalty units but less than 26 penalty units — 2 demerit points;
(c) if the maximum penalty for the offence is 26 penalty units or more — 3 demerit points.

It seems to me that Aussies have established a similar point system to traffic violations. Civil Aviation Safety Regulations 1998

Strict liability is simply a fact of the violation, without the burden of proof as you already stated. Sample, if you land without clearance there's no need to prove a criminal intent the mere fact is sufficient. That's all it is to it. The fact that the definition of strict liability is contained in the criminal law is the legacy of the common wealth legislation.

I'm not an expert of Ozz criminal law but it seems really odd that one would have a criminal record for a violation labeled as strict liability in down under. Only in case of injuries or fatal outcomes a criminal investigation will be launched by the DA office not CASA. That's when the DA office has to prove mens rea and the burden of proof is upon the DA office. Nobody is gonna be declared guilty till proven otherwise. For the conviction as per criminal law there must be a trial, that's where the principle of reasonable doubt comes in. In any case the plaintiff will use the results of the CASAs investigation to underline the accusations.

That's my take on that.

reference CIVIL AVIATION ACT 1988
Civil Aviation Regulations 1988

Last edited by 9.G; 1st Jan 2013 at 16:02.
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