Commonwealth Numbered Regulations

CIVIL AVIATION AMENDMENT REGULATIONS 2008 (NO. 3) (SLI NO 272 OF 2008) - SCHEDULE 1

(regulation 3)

[1]           Subregulation 144 (3), note

omit

[2]           After subregulation 144 (3)

insert

         (4)   It is a defence to a prosecution under subregulation (1) if the person's discharge of the firearm was authorised under regulation 4.59A of the Aviation Transport Security Regulations 2005 .

Note 1    Regulation 4.59A of the Aviation Transport Security Regulations 2005 deals with air security officers using weapons on board aircraft to safeguard against unlawful interference with aviation.

Note 2    A defendant bears an evidential burden in relation to the matters in subregulations (3) and (4) (see subsection 13.3 (3) of the Criminal Code ).