12Requirement to hold international airline licence

#### 12 Requirement to hold international airline licence (1) Subject to subsections (2) and (3), an international airline must not operate a scheduled international air service over, into or out of Australian territory except in accordance with an international airline licence granted by the Secretary in accordance with the regulations. (1A) If an international airline contravenes subsection (1), the airline commits an offence punishable on conviction by imprisonment for a period of not more than 7 years. > Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose in respect of an offence an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of an offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence. (1AA) Subsection (1A) does not apply if the international airline has a reasonable excuse. > Note: A defendant bears an evidential burden in relation to the matter in subsection (1AA) (see subsection 13.3(3) of the Criminal Code). (2) Subsection (1) does not apply to a scheduled international air service if it is operated in accordance with a permission under section 15D. (3) The Secretary may, by legislative instrument, determine that subsection (1) does not apply in relation to a category of scheduled international air services. The determination has effect accordingly. (4) For the purposes of this section: (a) an international airline may operate a scheduled international air service even if it does not operate the aircraft used to operate the service; and (b) an international airline does not operate a scheduled international air service merely because it operates the aircraft used to operate the service.