Document ID: chunk:federal_register_of_legislation:C2015A00108:clause:1_96j
Version: federal_register_of_legislation:C2015A00108
Segment Type: clause
Provision Reference: sch 1 cl 96J
Character Range: 28487–29898

96J  Compliance with condition set out in airport plan
 (1) If:
 (a) an airport plan for Sydney West Airport is in force; and
 (b) Part 3 of the airport plan sets out a condition to be complied with in relation to a development covered by that Part; and
 (c) the condition applies to the airport‑lessee company for the airport;
the company must comply with the condition.
 (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: 2,000 penalty units.
 (3) Strict liability applies to paragraph (2)(a).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (4) If:
 (a) an airport plan for Sydney West Airport is in force; and
 (b) Part 3 of the airport plan sets out a condition to be complied with in relation to a development covered by that Part; and
 (c) the condition applies to a person (other than the airport‑lessee company for the airport);
the person must comply with the condition.
 (5) A person commits an offence if:
 (a) the person is subject to a requirement under subsection (4); and
 (b) the person engages in conduct; and
 (c) the person's conduct contravenes the requirement.
Penalty: 400 penalty units.
 (6) Strict liability applies to paragraph (5)(a).
Note: For strict liability, see section 6.1 of the Criminal Code.