Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.160

Possessing firearm on aircraft

  (1)   A person contravenes this subregulation   if the person:

  (a)   carries or otherwise possesses a firearm on an aircraft; and

  (b)   the aircraft is not a prescribed aircraft within the meaning of the Aviation Transport Security Act 2004 ; and

  (c)   neither the operator nor the pilot in command of the aircraft has consented to the person carrying or otherwise possessing the firearm on the aircraft.

  (2)   Subregulation (1) does not apply if the person is authorised (however described) under another provision of these Regulations or another law of the Commonwealth to carry or otherwise possess the firearm on the aircraft.

Note 1:   For other provisions of these Regulations that deal with firearms and aircraft, see Part   138.

Note 2:   For other laws of the Commonwealth that deal with firearms and aircraft, see:

(a)   Division   3 of Part   4 of the Aviation Transport Security Act 2004 ; and

(b)   section   23 of the Crimes (Aviation) Act 1991 .

  (3)   A person commits an offence of strict liability if the person contravenes subregulation   (1).

Penalty:   50 penalty units.

Note:   A defendant bears an evidential burden in relation to the matters in subregulation   (2): see subsection   13.3(3) of the Criminal Code .


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