Commonwealth Numbered Regulations

TRANSPORT AND REGIONAL SERVICES LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) REGULATIONS 2002 (NO. 1) 2002 NO. 13 - SCHEDULE 8

(regulation 10)

[1] After subregulation 4.05 (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 .

[2] Subregulation 5.18 (2)

substitute

(2)

The operator must report the contravention to an airport environment officer:

(a)

before the end of 24 hours after the event; or

(b)

if the operator learns of the contravention after the event — before the end of 24 hours after the operator learns of the event.

[3] After subregulation 5.18 (3), including the note

insert

(4)

It is a defence to a prosecution that the defendant knew that the contravention had already been reported, in writing, to an airport environment officer.

Note
A defendant bears an evidential burden in relation to whether he or she was knew that the contravention had already been reported, in writing, to an airport environment officer (see subsection 13.3 (3) of the Criminal Code ).

[4] Subregulation 6.01 (4)

omit

airport unless the information was provided by the airport-lessee company.

insert

airport.

[5] After subregulation 6.01 (4), including the penalty

insert

(4A)

It is a defence to a prosecution under subregulation (4) that the information was provided by the airport-lessee company.

Note
A defendant bears an evidential burden in relation to whether the information was provided by the airport-lessee company (see subsection 13.3 (3) of the Criminal Code ).

[6] Subregulation 6.02 (4), penalty

omit

[7] After subregulation 6.02 (4)

insert

(5)

An airport-lessee company that fails to comply with this regulation commits an offence.

Penalty:
50 penalty units.

(6)

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

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

[8] Subregulation 6.04 (2), penalty

omit

[9] After subregulation 6.04 (2)

insert

(3)

An airport-lessee company that fails to comply with this regulation commits an offence.

Penalty:
50 penalty units.

(4)

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

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

[10] Subregulation 7.05 (1), at the foot

insert

Note
An operator of an undertaking that fails to comply with this regulation commits an offence against subsection 132 (2) of the Act. That subsection provides for a penalty of 250 penalty units for each such offence.

[11] Subregulation 7.06 (2), at the foot

insert

Note
An operator of an undertaking that fails to comply with this regulation commits an offence against subsection 132 (2) of the Act. That subsection provides for a penalty of 250 penalty units for each such offence.