Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The operator of an aircraft and the pilot in command of the aircraft commit an offence if:
(a) any person engages in conduct; and
(b) the person's conduct results in the aircraft arriving in Australian territory from a place outside Australian territory or departing from Australian territory for a place outside Australian territory.
Penalty: Imprisonment for 6 months.
(1A) Subsection (1) is subject to this section and section 14.
(1AA) Subsection (1) does not apply if the arrival or departure concerned is:
(a) with the permission of the Secretary; or
(b) in accordance with an international airline licence or a permission under section 15D; or
(c) authorised by a determination by the Secretary under subsection (1B).
Note: A defendant bears an evidential burden in relation to the matters in subsection (1AA) (see subsection 13.3(3) of the Criminal Code ).
(1AB) Subsection (1) does not apply if the operator or the pilot, as the case may be, has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1AB) (see subsection 13.3(3) of the Criminal Code ).
(1AC) Strict liability applies to paragraph (1)(b).
Note: For strict liability , see section 6.1 of the Criminal Code .
(1B) The Secretary may, by instrument in writing, determine that permission is not required under this section in relation to a category of commercial non - scheduled flights.
(1C) Permission under this section is not required for a flight of an aircraft if the flight is included in a category of flights in relation to which such a determination is in force.
(2) In exercising a discretion under this section, the Secretary shall have regard only to matters that do not relate to the safety of air navigation.
(3) In this section:
"engage in conduct" means:
(a) do an act; or
(b) omit to perform an act.