Commonwealth Consolidated Acts

AIRPORTS ACT 1996 - SECT 216

  (1)   An airport - lessee company for an airport must not:

  (a)   provide either of the following services in relation to the airport:

  (i)   the operation and/or maintenance of air traffic control and/or navigation technical facilities;

  (ii)   aerodrome rescue and fire fighting services; or

  (b)   cause or permit either of the following services to be provided in relation to the airport:

  (i)   the operation and/or maintenance of air traffic control and/or navigation technical facilities;

  (ii)   aerodrome rescue and fire fighting services;

unless the services are provided by:

  (c)   a person approved or licensed, by the Civil Aviation Safety Authority under regulations made under section   98 of the Civil Aviation Act 1988 , to provide the services; or

  (d)   the Australian Defence Force.

  (2)   A company commits an offence if:

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

  (b)   the company engages in conduct; and

  (c)   the company'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 ).

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

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