183Controlled activities not to be carried out without approval

183 Controlled activities not to be carried out without approval

(1) A person must not: (a) carry out a controlled activity in relation to prescribed airspace; or (b) cause to be carried out a controlled activity in relation to prescribed airspace; unless: (c) carrying out the activity is in accordance with an approval granted under regulations made for the purposes of this Division; or (d) the activity is declared by the regulations to be exempt from this Division.

Note: Controlled activity is defined by section 182.

(2) A person commits an offence if: (a) the person is subject to a requirement under subsection (1); and (b) the person engages in conduct; and (c) the person’s conduct contravenes the requirement.

Penalty: 250 penalty units.

Note: A defendant bears an evidential burden in relation to the matters in paragraphs (1)(c) and (d) (see subsection 13.3(3) of the Criminal Code).

(3) Strict liability applies to paragraph (2)(a).

Note: For strict liability, see section 6.1 of the Criminal Code.