Commonwealth Consolidated Acts

AIRPORTS ACT 1996 - SECT 183

  (1)   A person must not:

  (a)   carry out a controlled activity in relation to prescribed airspace; or

  (b)   cause to be carried out a controlled activity in relation to prescribed airspace;

unless:

  (c)   carrying out the activity is in accordance with an approval granted under regulations made for the purposes of this Division; or

  (d)   the activity is declared by the regulations to be exempt from this Division.

Note:   Controlled activity is defined by section   182.

  (2)   A person commits an offence if:

  (a)   the person is subject to a requirement under subsection   (1); and

  (b)   the person engages in conduct; and

  (c)   the person's conduct contravenes the requirement.

Penalty:   250 penalty units.

Note:   A defendant bears an evidential burden in relation to the matters in paragraphs   (1)(c) and (d) (see subsection   13.3(3) of the Criminal Code ).

  (3)   Strict liability applies to paragraph   (2)(a).

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