Document ID: chunk:federal_register_of_legislation:C2024C00427:section:15a:p1
Version: federal_register_of_legislation:C2024C00427
Segment Type: section
Provision Reference: s 15A (pt 1/3)
Character Range: 27401–30060

15A  Aircraft on non‑scheduled flights not to take on or discharge passengers, cargo or mail without permission
 (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 taking on passengers, cargo or mail for carriage for reward in Australian territory before beginning a non‑scheduled flight or at an intermediate stopping place in the course of such a flight.
Penalty: Imprisonment for 6 months.
 (1A) Subsection (1) does not apply if a permission for the carriage of the passengers, cargo or mail is in force and the carriage is in accordance with the permission.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).
 (2) 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 discharging passengers, cargo or mail carried for reward in Australian territory at an intermediate stopping place in the course of a non‑scheduled flight or at the end of such a flight.
Penalty: Imprisonment for 6 months.
 (2A) Subsection (2) does not apply if a permission for the carriage of the passengers, cargo or mail was in force and the carriage was in accordance with the permission.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).
 (2B) Subsections (1) and (2) do 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 (2B) (see subsection 13.3(3) of the Criminal Code).
 (2C) Strict liability applies to paragraphs (1)(b) and (2)(b).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (3) The Secretary may determine that a permission is not required in relation to a category of commercial non‑scheduled flights.
 (4) In deciding whether to make a determination under subsection (3), the Secretary is to have regard to the following matters (except to the extent, if any, to which the matters concerned relate to the safety of air navigation):
 (a) the public interest, including but not limited to:
 (i) the need of people to travel on, or to send cargo and mail by, aircraft; and
 (ii) the promotion of trade and tourism to and from Australia; and
 (iii) if the application relates to a program of flights to or from Australia—whether there is to be a wide range of places in Australia that will be served