Commonwealth Numbered Regulations

TRANSPORT AND REGIONAL SERVICES LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) REGULATIONS 2002 (NO. 1) 2002 NO. 13 - SCHEDULE 4

(regulation 6)

[1] Subregulation 5 (1), after definition of domestic passenger jet aircraft

insert

"engage in conduct "means:

(a)

do an act; or

(b)

omit to perform an act.

[2] Regulation 8

substitute

8 Prohibition on taking off or landing during curfew periods

(1)

An operator of an aircraft must not engage in conduct that results in an aircraft taking off from, or landing at, Coolangatta Airport during a curfew period.

Penalty:
45 penalty units.

(2)

It is a defence to a prosecution under subregulation (1) that the take-off or landing was permitted under Part 3.

Note
A defendant bears an evidential burden in relation to whether or not the take-off or landing was permitted under Part 3 (see subsection 13.3 (3) of the Criminal Code ).

[3] Subregulation 13 (2)

substitute

(2)

An operator of an aircraft must not fail to notify the Secretary under subregulation (1).

Penalty:
10 penalty units.

(3)

For subregulation (2), strict liability applies to the physical element that notification was required by subregulation (1).

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

[4] Subregulation 22 (3)

substitute

(3)

An operator must not fail to comply with a notice under subregulation (1).

Penalty:
10 penalty units.

(3A)

For subregulation (3), strict liability applies to the physical element that a notice was given under subregulation (1).

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

[5] Regulation 23

omit

knowingly or recklessly