Document ID: chunk:federal_register_of_legislation:F2016L00619:reg:44
Version: federal_register_of_legislation:F2016L00619
Segment Type: reg
Provision Reference: reg 44
Character Range: 44385–45224

44  Commercial activities
 (1) A person must not carry out a commercial activity on Aboriginal Land.
 (2) For subsection (1), an activity (the first activity) that:
 (a) is carried out in airspace between Aboriginal Land and 3 000 metres above mean sea level; or
 (b) results in a commercial activity being carried out on Aboriginal Land, whether or not the first activity took place on Aboriginal Land;
is taken to be carried out on Aboriginal Land.
 (3) Subsection (1) does not apply to a person who is:
 (a) removing crayfish or other marine life for commercial purposes; or
 (b) travelling on a merchant vessel in passage through a marine area.
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) A contravention of subsection (1) is an offence.