Document ID: chunk:federal_register_of_legislation:C2004C01254:clause:2_186e
Version: federal_register_of_legislation:C2004C01254
Segment Type: clause
Provision Reference: sch 2 cl 186E
Character Range: 31435–32601

186E  Unqualified person performing duties of licensed pilot

 (1) A person commits an offence if:
 (a) the person makes a representation that the person is a licensed pilot; and
 (b) the person is not a licensed pilot.

Penalty: 20 penalty units.

 (2) A person commits an offence if:
 (a) the person performs duties; and
 (b) the duties are those of a licensed pilot under the regulations; and
 (c) the person is not a licensed pilot.

Penalty: 20 penalty units.

 (3) Subsection (2) does not apply if the person has a reasonable excuse.

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

 (4) Strict liability applies to paragraph (2)(b).

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

 (5) A person commits an offence if:
 (a) the person takes a person into employment to perform duties; and
 (b) the duties are those of a licensed pilot under the regulations; and
 (c) the person is not a licensed pilot.

Penalty: 20 penalty units.

 (6) Strict liability applies to paragraph (5)(b).

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