Commonwealth Numbered Regulations

TRANSPORT AND REGIONAL SERVICES LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) REGULATIONS 2002 (NO. 1) 2002 NO. 13 - SCHEDULE 1

(regulation 3)

[1] Regulation 1

substitute

1 Name of Regulations

These Regulations are the Air Navigation (Aerodrome Flight Corridors) Regulations 1994 .

[2] Subregulation 3 (1)

omit

runway, except in accordance with an instruction or approval given under subregulation (2).

insert

runway.

[3] After subregulation 3 (4)

insert

(5)

It is a defence to a prosecution under subregulation 5 (1) that the defendant was acting in accordance with an instruction or approval given under subregulation (2).

Note
A defendant bears an evidential burden in relation to whether or not he or she was acting in accordance with an instruction or approval (see subsection 13.3 (3) of the Criminal Code ).

[4] After subregulation 5 (2)

insert

(3)

An offence against subregulation (1) is an offence of strict liability.

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