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CIVIL AVIATION ACT 1988 - SECT 29

Offences in relation to aircraft

  (1)   The owner, operator, hirer (not being the Crown) or pilot of an aircraft commits an offence if he or she:

  (a)   operates the aircraft or permits the aircraft to be operated; and

  (b)   the operation of the aircraft results in:

  (i)   the use by the aircraft of an aerodrome in contravention of a condition specified under section   20; or

  (ii)   the aircraft being flown or operated in contravention of a provision of this Part (other than subsection   20A(1) or 23(1)), or of a direction given or condition imposed, under such a provision.

Penalty:   Imprisonment for 2 years.

  (2)   Strict liability applies to subparagraphs   (1)(b)(i) and (ii).

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

  (3)   The owner, operator, hirer (not being the Crown) or pilot of an aircraft commits an offence if he or she:

  (a)   operates the aircraft or permits the aircraft to be operated; and

  (b)   the operation of the aircraft results in a contravention of subsection   20A(1).

Penalty:   Imprisonment for 5 years.

  (4)   Strict liability applies to paragraph   (3)(b).

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

  (5)   The owner, operator, hirer (not being the Crown) or pilot of an aircraft commits an offence if he or she:

  (a)   operates the aircraft or permits the aircraft to be operated; and

  (b)   the operation of the aircraft results in a contravention of subsection   23(1) or a condition imposed under that subsection.

Penalty:   Imprisonment for 7 years.

  (6)   Strict liability applies to paragraph   (5)(b).

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



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