Commonwealth Numbered Regulations

DEFENCE LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) REGULATIONS 2001 (NO. 1) 2001 NO. 278 - SCHEDULE 1

(regulation 3)

[1] After regulation 4

insert

5 Application of Criminal Code

Chapter 2 of the Criminal Code applies to offences against these Regulations.

Note
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

[2] Subregulation 437 (3)

substitute

(3)

A person is guilty of an offence if the person:

(a)

flies an aircraft in a prohibited area; or

(b)

causes or permits another person to fly an aircraft in a prohibited area.

Penalty:
4 penalty units, or imprisonment for 6 months, or both.

(4)

For paragraphs (3) (a) and (b), strict liability applies to the physical element that the area is a prohibited area.

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