Civil Aviation Safety Authority v Pudniks [2022] NSWLC 26

Local Court New South Wales

Medium Neutral Citation: Civil Aviation Safety Authority v Pudniks [2022] NSWLC 26 Hearing dates: 23 November 2022 Date of orders: 15 December 2022 Decision date: 15 December 2022 Jurisdiction: Criminal Before: Farnan LCM Decision: Offences proved Catchwords: Aviation – aircraft – paraglider - flight time Legislation Cited: Civil Aviation Act 1988 (Cth) s 20AB Civil Aviation Order 95.8 Instrument 2011 Civil Aviation Regulations 1988 ("CAR") Civil Aviation Safety Regulations 1998 ("CASR"). Cases Cited: Project Blue Sky Inc v Australian Broadcasting Authority (1998) 153 ALR 490 Category: Principal judgment Parties: Civil Aviation Safety Authority Kurt Pudniks Representation: Mr Clifford-O'Sullivan for CASA Mr Benetatos for defendant File Number(s): 2022/15047 Publication restriction: None

JUDGMENT 1. The defendant Mr Pudniks operates a paraglider for recreation. Until 30 August 2020 he held a certificate that allowed him to do that in particular circumstances under the aviation law. Since then he has continued to use his paraglider on a number of occasions. The Civil Aviation Safety Authority says that by doing so he is breach of section 20AB of the Civil Aviation Act 1988 (Cth) (hereafter called the CAA). 2. The onus is on the prosecuting authority to prove each allegation beyond a reasonable doubt. 3. The resolution of this case involves, in my view, determination of two questions. 4. First, is a paraglider an aircraft for the purposes of s 20AB CAA? 5. Secondly, if the answer to the first question is yes, what does the phrase "during flight time" in section 20AB mean, when applied to the operation of a paraglider. Do Mr Pudniks' activities as admitted amount to performing duties "essential to the operation of an Australian aircraft during flight time"? 6. I am grateful to the parties for reducing the time required for what could have been a very lengthy hearing by the agreement of a number of facts. I have only been required to hear evidence from two witnesses, Dr Sonya Brown, an aeronautical engineering expert, and the defendant.