120AAircraft flying to or from Afghanistan — prohibition

120A Aircraft flying to or from Afghanistan — prohibition (1) An Australian aircraft must not travel to or from Afghanistan without the express approval of the Secretary. (2) An aircraft that has come from, or whose destination is, Afghanistan must not fly over, land in or take off from, Australia without the express approval of the Secretary. (3) When deciding whether to give approval under subregulation (1) or (2), the Secretary must take into account Australia’s relations with other countries and its obligations under international law. Part 9 Penal provisions and prosecutions Division 1 Penal provisions 121 Offences in general (1) A person who contravenes or fails to comply with a provision of these Regulations is guilty of an offence. (2) The owner, the operator and the hirer (not being the Crown), and the pilot in command and any other pilot, of an aircraft that flies in contravention of, or fails to comply with, a provision of these Regulations is guilty of an offence. (3) Any reference in subregulation (1) or (2) to a contravention of, or failure to comply with, a provision of these Regulations shall be read as including a reference to a contravention or failure to comply with any direction (including any condition or requirement set out in a direction) or instruction given or issued under these Regulations, including any condition or direction subject to which an airport may be used or any condition subject to which a licence is granted or rendered valid under these Regulations. (4) Notwithstanding subregulations (1), (2) and (3), a person shall not be convicted of an offence against this regulation by reason only of a contravention of, or a failure to comply with, a direction, or a condition or requirement set out in a direction, under these Regulations if: (a) the direction is of a kind that, by virtue of these Regulations, does not have effect in relation to a person until it has been served by post on the person or has otherwise been brought to his attention; and (b) at the time of the alleged contravention or failure to comply, the direction had not been served by post on the first‑mentioned person and had not otherwise been brought to his attention. (5) An offence, not being an offence for which a penalty is prescribed otherwise than by this regulation, may be prosecuted either summarily or upon indictment, but an offender is not liable to be prosecuted more than once in respect of the same offence. (6) The penalty for an offence to which subregulation (5) applies is: (a) if the offence is prosecuted summarily — a fine not exceeding $2,500 or imprisonment for a term not exceeding 6 months, or both; or (b) if the offence is prosecuted upon indictment — a fine not exceeding $5,000 or imprisonment for a term not exceeding 2 years, or both. (7) A person who attempts to commit an offence against these Regulations is guilty of an offence and is punishable as if the attempted offence had been committed. (8) Any provision of these Regulations by which an offence is created shall be read subject to the provisions of section 23 of the Act.