Commonwealth Consolidated Acts

CIVIL AVIATION ACT 1988 - SECT 29

             (1)  The owner, operator, hirer (not being the Crown) or pilot of an aircraft commits an offence if he or she:

                     (a)  operates the aircraft or permits the aircraft to be operated; and

                     (b)  the operation of the aircraft results in:

                              (i)  the use by the aircraft of an aerodrome in contravention of a condition specified under section 20; or

                             (ii)  the aircraft being flown or operated in contravention of a provision of this Part (other than subsection 20A(1) or 23(1)), or of a direction given or condition imposed, under such a provision.

Penalty:  Imprisonment for 2 years.

             (2)  Strict liability applies to subparagraphs (1)(b)(i) and (ii).

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

             (3)  The owner, operator, hirer (not being the Crown) or pilot of an aircraft commits an offence if he or she:

                     (a)  operates the aircraft or permits the aircraft to be operated; and

                     (b)  the operation of the aircraft results in a contravention of subsection 20A(1).

Penalty:  Imprisonment for 5 years.

             (4)  Strict liability applies to paragraph (3)(b).

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

             (5)  The owner, operator, hirer (not being the Crown) or pilot of an aircraft commits an offence if he or she:

                     (a)  operates the aircraft or permits the aircraft to be operated; and

                     (b)  the operation of the aircraft results in a contravention of subsection 23(1) or a condition imposed under that subsection.

Penalty:  Imprisonment for 7 years.

             (6)  Strict liability applies to paragraph (5)(b).

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