Document ID: chunk:federal_register_of_legislation:C2004C01254:clause:3_21
Version: federal_register_of_legislation:C2004C01254
Segment Type: clause
Provision Reference: sch 3 cl 21
Character Range: 54232–55554

21  Subsections 17(1) and (1A)
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 arriving in Australian territory from a place outside Australian territory or departing from Australian territory for a place outside Australian territory.

Penalty: Imprisonment for 6 months.

 (1A) Subsection (1) is subject to this section and section 14.

 (1AA) Subsection (1) does not apply if the arrival or departure concerned is:
 (a) with the permission of the Secretary; or
 (b) in accordance with an international airline licence or a permission under section 15D; or
 (c) authorised by a determination by the Secretary under subsection (1B).

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

 (1AB) Subsection (1) does 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 (1AB) (see subsection 13.3(3) of the Criminal Code).

 (1AC) Strict liability applies to paragraph (1)(b).

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