6Aircraft with maximum take‑off weight of 45,000 kg or more

6 Aircraft with maximum take‑off weight of 45,000 kg or more

(1) An operator of an aircraft must not engage in conduct that results in an aircraft taking off from, or landing at, Essendon Fields Airport if the aircraft has a maximum take‑off weight of 45,000 kilograms or more.

Penalty: 50 penalty units.

(2) Subsection (1) does not apply if the aircraft has a maximum take‑off weight of no more than 50,000 kilograms and: (a) the take‑off or landing is permitted under section 14 (aircraft involved in emergencies or police operations); or (b) all of the following apply: (i) the aircraft complies with the maximum noise levels specified in Chapter 4 or 14 of the Annex that are applicable to the maximum take‑off weight of the aircraft (whether or not that Chapter is expressed to apply to the aircraft); (ii) the aircraft is permitted by its type certificate (within the meaning of the Civil Aviation Safety Regulations 1998) to have a passenger seating capacity of 19 seats or fewer (other than seats for crew); (iii) the aircraft is not being used in a regular public transport operation; (iv) the take‑off or landing does not occur during a curfew period; (v) for a landing—the minimum amount of reverse thrust necessary for a safe landing is used.

Note: A defendant bears an evidential burden in relation to a matter in this subsection: see subsection 13.3(3) of the Criminal Code.