Commonwealth Consolidated Regulations

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DEFENCE (AREAS CONTROL) REGULATIONS 1989 - REG 12

Hazardous objects

(1) A person is guilty of an offence if:

(a)
the person brings on to, has on or constructs on affected land an object; and

(b)
the object is hazardous to aircraft or to communications.

Penalty:   20 penalty units.

(2)
An offence under this regulation is an offence of strict liability.

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

(3)
It is a defence if the person had a reasonable excuse for the relevant conduct.

Note    A defendant bears an evidential burden in relation to the matter in subregulation (3) (see section 13.3 of the Criminal Code ).


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