21Interference with aeronautical facilities

21 Interference with aeronautical facilities

(1) In this section:

installation includes any electrical or other equipment or any structure.

proprietor, in relation to an installation, means the owner or user of the installation or the owner or occupier of the premises or place where the installation is installed, kept or operated.

(2) The following provisions apply if CASA believes on reasonable grounds that an installation is or may be, either actively or passively, causing interference with communications to or from aircraft, or communications to or from centres established for air traffic control, or with navigational aids or with surveillance systems, in circumstances that are likely to endanger the safety of aircraft engaged in interstate or international air navigation or air navigation within, to or from a Territory. (3) CASA may serve a notice on the proprietor directing the proprietor to permit the installation to be inspected and tested by an officer. (4) Upon the service of the notice, an officer may enter the premises or place where the installation is installed, kept or operated and inspect or test the installation. (5) An officer exercising powers under subsection (4) shall produce identification in writing if requested to do so. (6) If as a result of such an inspection or otherwise, CASA considers it necessary to do so for the safety of aircraft referred to in subsection (2), CASA may serve a notice on the proprietor directing the proprietor to make such modifications to the installation, or to take such other action, as is necessary to eliminate the cause of the interference, within a reasonable time specified in the notice. (7) If the installation has been installed and is used and operated in accordance with all applicable laws, the proprietor may recover from CASA the amount of all reasonable expenses incurred, and of loss actually suffered, in complying with a direction under subsection (6). (8) A person must not fail to comply with a direction contained in a notice under this section.

Penalty: Imprisonment for 12 months.

(8A) Subsection (8) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (8A) (see subsection 13.3(3) of the Criminal Code).

(9) If the proprietor fails to comply with a direction under subsection (6), CASA may authorise an officer, with such reasonable assistance as the officer requires, to enter the premises or place in which the installation is installed, kept or operated, with such force as is necessary and reasonable, and to take the action that was so directed. (10) A notice under this section may be served personally or may be served by post at the last‑known place of residence or business of the proprietor or at the address at which the installation is installed, kept or operated. (11) The Director may, in writing, delegate any of CASA’s powers under this section to AA. (12) The Chief Executive Officer of AA may delegate to a member or employee of AA any powers that are delegated to AA under subsection (11). (13) In this section: