Commonwealth Numbered Regulations

TRANSPORT AND REGIONAL SERVICES LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) REGULATIONS 2002 (NO. 1) 2002 NO. 13 - SCHEDULE 2

(regulation 4)

[1] Regulation 2, after definition of derived version

insert

"engage in conduct "means:

(a)

do an act; or

(b)

omit to perform an act.

[2] Subregulation 9 (1)

omit

must not engage in air navigation unless:

insert

may engage in air navigation only if:

[3] Subregulation 9 (1A)

omit

must not engage in air navigation unless

insert

may engage in air navigation only if

[4] Subregulation 9 (2)

omit everything before paragraph (a), insert

(2)

An aircraft that is not a subsonic jet aircraft or a supersonic aircraft may engage in air navigation only if:

[5] Subregulation 9 (3)

omit

offence and is punishable, upon conviction, by a fine not exceeding $2,000.

insert

offence.

Penalty:
20 penalty units.

[6] After subregulation 9 (3)

insert

(4)

Strict liability applies:

(a)

for paragraph (1) (a) — to the physical element that an aircraft complies with Chapter 3 standards; and

(b)

for paragraph (1) (b) — to the physical element that an aircraft complies with Chapter 3 standards, to the physical element that a permission is in force under regulation 9A, and to the physical element that an aircraft is permitted under regulation 10A or 10B to engage in air navigation; and

(c)

for paragraph (1) (c) — to the physical element that a noise standard applied to the aircraft under regulation 6A, or is expressed in the Annex applicable to the aircraft of the class to which it belongs; and

(d)

for subregulation (1A) — to the physical element that a permission was granted under regulation 9AA for the aircraft to engage in air navigation; and

(e)

for paragraph (2) (b) — to the physical element that a permission was in force under regulation 9A or 9AB for an aircraft to engage in air navigation; and

(f)

for paragraph (2) (c) — to the physical element that a noise standard applied to the aircraft under regulation 6A or is expressed in the Annex applicable to the aircraft of the class to which it belongs.

Note
A person can be criminally responsible for an offence even if he or she is mistaken about, or ignorant of, the existence or content of an Act or subordinate legislation; see sections 9.3 and 9.4 of the Criminal Code .

[7] Subregulation 9AB (4)

substitute

(4)

A person commits an offence if:

(a)

a notice issued under subregulation 9AB (2) sets out conditions; and

(b)

the person engages in conduct; and

(c)

the person's conduct results in a breach of any of the conditions.

Penalty:
20 penalty units.

[8] Subregulation 10 (4)

omit

possible

insert

possible, and in any case within 14 days,

[9] Subregulation 10 (4), penalty

substitute

Penalty:
5 penalty units.

[10] After subregulation 10 (4), including the penalty

insert

(4A)

An offence against subregulation (4) is an offence of strict liability.

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

[11] Subregulation 10BA (5)

substitute

(5)

An operator of an aircraft commits an offence if:

(a)

a notice issued under subregulation 10BA (3) sets out conditions; and

(b)

the operator engages in conduct; and

(c)

the operator's conduct results in a breach of any of the conditions.

Penalty:
20 penalty units.

(5A)

An offence against subregulation (5) is an offence of strict liability.

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

[12] Paragraph 10D (2) (a)

substitute

(a)

the operator is guilty of an offence punishable by a maximum fine of 20 penalty units; and

[13] After subregulation 10D (2)

insert

(3)

An offence against paragraph (2) (a) is an offence of strict liability.

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

[14] Subregulation 11 (2A)

substitute

(2A)

A person who ceases to be an inspector must not fail to return his or her identity card to the Secretary as soon as practicable, but in any case within 14 days after receiving notice of the cessation or termination of his or her appointment under these Regulations.

Penalty:
1 penalty unit.

(2B)

An offence against subregulation (2A) is an offence of strict liability.

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

(2C)

It is a defence to a prosecution under subregulation (2A) that the defendant had a reasonable excuse for failing to return the relevant identity card.

Note
A defendant bears an evidential burden in relation to whether or not he or she had a reasonable excuse (see subsection 13.3 (3) of the Criminal Code ).