Document ID: chunk:federal_register_of_legislation:C2024A00131:clause:1_17
Version: federal_register_of_legislation:C2024A00131
Segment Type: clause
Provision Reference: sch 1 cl 17
Character Range: 16427–17329

17  Civil penalty—off‑slot movement
 (1) A person contravenes this subsection if:
 (a) the person is the *operator of an aircraft; and
 (b) the aircraft engages in a *gate movement on a day; and
 (c) the movement is an *off‑slot movement for that day.
Civil penalty: 60 penalty units.

Exception—declared exemption
 (2) Subsection (1) does not apply if the *gate movement is covered by a *declared exemption.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).

Exception—circumstances outside operator's control
 (3) Subsection (1) does not apply if the circumstances that caused the *gate movement to occur at the time it did were outside the *operator's reasonable control.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).