15AAircraft on non‑scheduled flights not to take on or discharge passengers, cargo or mail without permission

#### 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 under the program; and (iv) if foreign interests hold substantial ownership and effective control of a charterer or a charter operator—employment and investment in, and general development of, the Australian Aviation industry; and (v) aviation security; and (vi) Australia’s international relations; (b) the availability of capacity (within the meaning of the International Air Services Commission Act 1992) on scheduled international air services, and any relevant determination made by the International Air Services Commission in respect of the allocation of capacity on those services; (c) any relevant advice on matters referred to in paragraph (a) that is provided to the Minister by that Commission under paragraph 6(2)(c) of that Act; and (d) any other matter that the Secretary thinks relevant. (5) A permission is not required for the taking on or discharging of passengers, cargo or mail in relation to a flight of an aircraft if the flight is included in a category of flights in relation to which a determination under subsection (3) is in force. (7) If: (a) any passengers are, or any cargo or mail is: (i) taken on to an aircraft in Australian territory before beginning a non‑scheduled flight or at an intermediate stopping place in the course of such a flight; or (ii) discharged from an aircraft in Australian territory at an intermediate stopping place in the course of a non‑scheduled flight or at the end of such a flight; and (b) a permission was not required for the taking on or discharging of the passengers, cargo or mail because of the operation of subsection (5); the operator of the aircraft must, within 14 days after the end of the flight, give a written notice to the Secretary setting out the prescribed particulars in relation to the flight and the passengers, cargo or mail. Penalty: 30 penalty units. > Note: If a body corporate is convicted of an offence, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine 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. (8) A determination under subsection (3) is a legislative instrument. (9) In this section: > engage in conduct means: (a) do an act; or (b) omit to perform an act.