Document ID: chunk:federal_register_of_legislation:C2004C01254:clause:3_18
Version: federal_register_of_legislation:C2004C01254
Segment Type: clause
Provision Reference: sch 3 cl 18
Character Range: 52150–54053

18  Subsections 15A(1) and (2)
Repeal the subsections, substitute:

 (1) The operator of an aircraft and the pilot in command of the aircraft commit an offence if:
 (a) any person engages in conduct; and
 (b) the person's conduct results in the aircraft taking on passengers, cargo or mail for carriage for reward in Australian territory before beginning a non‑scheduled flight or at an intermediate stopping place in the course of such a flight.

Penalty: Imprisonment for 6 months.

 (1A) Subsection (1) does not apply if a permission for the carriage of the passengers, cargo or mail is in force and the carriage is in accordance with the permission.

Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).

 (2) The operator of an aircraft and the pilot in command of the aircraft commit an offence if:
 (a) any person engages in conduct; and
 (b) the person's conduct results in the aircraft discharging passengers, cargo or mail carried for reward in Australian territory at an intermediate stopping place in the course of a non‑scheduled flight or at the end of such a flight.

Penalty: Imprisonment for 6 months.

 (2A) Subsection (2) does not apply if a permission for the carriage of the passengers, cargo or mail was in force and the carriage was in accordance with the permission.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).

 (2B) Subsections (1) and (2) do not apply if the operator or the pilot, as the case may be, has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2B) (see subsection 13.3(3) of the Criminal Code).

 (2C) Strict liability applies to paragraphs (1)(b) and (2)(b).

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