106Requirement for certificate of compliance

#### 106 Requirement for certificate of compliance (1) An airport‑lessee company for an airport must not: (a) occupy or use a building, structure, earthworks, engineering works, electrical works, hydraulic works or eligible alteration on the airport site; or (b) cause or permit a building, structure, earthworks, engineering works, electrical works, hydraulic works or eligible alteration on the airport site to be occupied or used; unless: (c) a certificate of compliance for the building, structure, earthworks, engineering works, electrical works, hydraulic works or eligible alteration, as the case requires, is in force under regulations made for the purposes of this Subdivision; or (d) if the building, structure, earthworks, engineering works, electrical works, hydraulic works or eligible alteration, as the case may be, was completed before the time when an airport lease for the airport was granted under the Airports (Transitional) Act 1996—a certificate of fitness for occupancy or use or a similar document was issued before that time in respect of the building, structure, earthworks, engineering works, electrical works, hydraulic works or eligible alteration, as the case requires, by: (i) the Commonwealth or a State; or (ii) an authority of the Commonwealth or a State; or (iii) a local government body; or (e) the building, structure, earthworks, engineering works, electrical works, hydraulic works or eligible alteration, as the case requires, is of a kind declared by the regulations to be exempt from this Subdivision. (2) Paragraphs (1)(c) and (d) do not, by implication, limit paragraph (1)(e). (3) A company that contravenes subsection (1) commits an offence punishable on conviction by a fine not exceeding 250 penalty units. > Note: A defendant bears an evidential burden in relation to the matters in paragraphs (1)(c), (d) and (e) (see subsection 13.3(3) of the Criminal Code). (4) A person who is the sub‑lessee of an airport lease for an airport must not: (a) occupy or use a building, structure, earthworks, engineering works, electrical works, hydraulic works or eligible alteration on the airport site; or (b) cause or permit a building, structure, earthworks, engineering works, electrical works, hydraulic works or eligible alteration on the airport site to be occupied or used; unless: (c) a certificate of compliance for the building, structure, earthworks, engineering works, electrical works, hydraulic works or eligible alteration, as the case requires, is in force under regulations made for the purposes of this Subdivision; or (d) if the building, structure, earthworks, engineering works, electrical works, hydraulic works or eligible alteration, as the case may be, was completed before the time when an airport lease for the airport was granted under the Airports (Transitional) Act 1996—a certificate of fitness for occupancy or use or a similar document was issued before that time in respect of the building, structure, earthworks, engineering works, electrical works, hydraulic works or eligible alteration, as the case requires, by: (i) the Commonwealth or a State; or (ii) an authority of the Commonwealth or a State; or (iii) a local government body; or (e) the building, structure, earthworks, engineering works, electrical works, hydraulic works or eligible alteration, as the case requires, is of a kind declared by the regulations to be exempt from this Subdivision. (5) Paragraphs (4)(c) and (d) do not, by implication, limit paragraph (4)(e). (6) A person who contravenes subsection (4) commits an offence punishable on conviction by a fine not exceeding 50 penalty units. > Note: A defendant bears an evidential burden in relation to the matters in paragraphs (4)(c), (d) and (e) (see subsection 13.3(3) of the Criminal Code).