36Offence—advertising non‑scheduled flights

#### 36 Offence—advertising non‑scheduled flights (1) A person commits an offence if the person advertises, or makes a public announcement, to the effect that the person is willing to: (a) sell seats on a non‑scheduled flight; or (b) make capacity available on a non‑scheduled flight. Penalty: 25 penalty units. (2) Subsection (1) does not apply if: (a) the Secretary has granted permission for the flight under section 15D of the Act; or (b) the Secretary has determined, under subsection 15A(3) or 17(1B) of the Act, that permission for the flight is not required; or (c) the advertisement or public announcement states that the operation of the non‑scheduled flight is subject to Government approval. > Note: Non‑scheduled flight is defined in section 3 of the Act.