Document ID: chunk:federal_register_of_legislation:C2024C00680:section:216
Version: federal_register_of_legislation:C2024C00680
Segment Type: section
Provision Reference: s 216
Character Range: 293035–294452

216  Air traffic services, and aerodrome rescue and fire fighting services, not to be provided without approval
 (1) An airport‑lessee company for an airport must not:
 (a) provide either of the following services in relation to the airport:
 (i) the operation and/or maintenance of air traffic control and/or navigation technical facilities;
 (ii) aerodrome rescue and fire fighting services; or
 (b) cause or permit either of the following services to be provided in relation to the airport:
 (i) the operation and/or maintenance of air traffic control and/or navigation technical facilities;
 (ii) aerodrome rescue and fire fighting services;
unless the services are provided by:
 (c) a person approved or licensed, by the Civil Aviation Safety Authority under regulations made under section 98 of the Civil Aviation Act 1988, to provide the services; or
 (d) the Australian Defence Force.
 (2) A company commits an offence if:
 (a) the company is subject to a requirement under subsection (1); and
 (b) the company engages in conduct; and
 (c) the company's conduct contravenes the requirement.
Penalty: 250 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in paragraphs (1)(c) and (d) (see subsection 13.3(3) of the Criminal Code).
 (2A) Strict liability applies to paragraph (2)(a).
Note: For strict liability, see section 6.1 of the Criminal Code.

Part 15—Injunctions