Commonwealth Numbered Regulations

TRANSPORT AND REGIONAL SERVICES LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) REGULATIONS 2002 (NO. 1) 2002 NO. 13 - SCHEDULE 5

(regulation 7)

[1] Regulation 14

substitute

14 Offence — aircraft mentioned in notice starting a flight

(1)

If the Secretary issues a grounding notice for an aircraft to the aircraft's operator, the operator must ensure that the aircraft does not start a flight.

Penalty:
45 penalty units.

(2)

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

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

(3)

An offence against subregulation (1) is an infringement notice offence, and if an infringement notice is issued for such an offence, the penalty payable under the notice is 9 penalty units.

(4)

It is a defence to a prosecution under subregulation (1) that, before the flight, the Secretary gave permission in writing for the aircraft to start the flight, or that the Secretary withdrew the grounding notice.

Note
A defendant bears an evidential burden in relation to whether or not the Secretary gave permission in writing, or withdrew the grounding notice (see subsection 13.3 (3) of the Criminal Code ).