Commonwealth Numbered Regulations

TRANSPORT AND REGIONAL SERVICES LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) REGULATIONS 2002 (NO. 1) 2002 NO. 13 - SCHEDULE 7

(regulation 9)

[1] Subregulations 118 (1) and (2)

substitute

(1)

A person must not park a vehicle in a designated no-parking area.

Penalty:
3 penalty units.

(2)

A person must not park a vehicle in a designated limited no-parking area in contravention of the posted conditions of parking in the area.

Penalty:
3 penalty units.

Note
For the meaning of in contravention of the posted conditions of parking in an area, see subregulation 115 (2).

[2] After subregulation 118 (3), including the penalty

insert

(3A)

An offence against subregulation (1), (2) or (3) is an offence of strict liability.

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

(3B)

It is a defence to a prosecution under subregulation (1) or (2) that the person who parked the vehicle:

(a)

was the driver of an emergency vehicle and was attending an emergency; or

(b)

was directed by an authorised person to park the vehicle in the area.

Note
A defendant bears an evidential burden in relation to whether or not he or she was the driver of an emergency vehicle attending an emergency, or was directed by an authorised person to park the vehicle in the area (see subsection 13.3 (3) of the Criminal Code ).

[3] Subregulations 119 (1) and (2)

substitute

(1)

A person must not stop a vehicle in a designated no-standing area.

Penalty:
3 penalty units.

(2)

A person must not stop a vehicle in a designated limited no-standing area in contravention of the posted conditions of stopping in the area.

Penalty:
3 penalty units.

Note
For the meaning of in contravention of the posted conditions of stopping in an area, see subregulation 115 (2).

[4] After subregulation 119 (3), including the penalty

insert

(3A)

An offence against subregulation (1), (2) or (3) is an offence of strict liability.

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

(3B)

It is a defence to a prosecution under subregulation (1) that the person who stopped the vehicle:

(a)

was the driver of an emergency vehicle and was attending an emergency; or

(b)

was directed by an authorised person to stop the vehicle in the area.

Note
A defendant bears an evidential burden in relation to whether or not he or she was the driver of an emergency vehicle attending an emergency, or was directed by an authorised person to stop the vehicle in the area (see subsection 13.3 (3) of the Criminal Code ).

[5] After subregulation 120 (2), including the penalty

insert

(2A)

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

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

[6] After subregulation 123 (2), including the penalty

insert

(2A)

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

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

[7] After subregulation 129 (3), including the penalty

insert

(3A)

An offence against subregulation (3) is an offence of strict liability.

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

[8] Subregulation 130 (1)

substitute

(1)

A person must not drive, stop or park a vehicle within 3 metres of an aircraft.

Penalty:
3 penalty units.

(1A)

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

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

(1B) It is a defence to a prosecution under subregulation (1) that:
(a) the vehicle:

(i)

was of a kind normally used for servicing, refuelling, loading, unloading, towing or pushing the aircraft; and

(ii)

was being used to do so; or

(b)

the vehicle was an emergency vehicle and was being used in connection with an emergency on the aircraft or in the vicinity of the aircraft.

Note
A defendant bears an evidential burden in relation to the capabilities and use of the vehicle mentioned in subregulation (1B) (see subsection 13.3 (3) of the Criminal Code ).

[9] After subregulation 131 (2), including the penalty

insert

(2A)

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

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

[10] Regulation 137

substitute

137 Prohibition of gambling at regulated airports

(1)

A person must not engage in a gambling activity on a regulated airport.

Penalty:
10 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) It is a defence to a prosecution under subregulation (1) that the gambling activity was engaged in in accordance with a continued gambling authority or a gambling permission.

Note
A defendant bears an evidential burden in relation to whether the gambling activity was engaged in in accordance with a continued gambling authority or a gambling permission (see subsection 13.3 (3) of the Criminal Code ).

[11] After subregulation 142 (1), including the penalty

insert

(1A)

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

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