Civil Aviation Amendment Regulations 2008 (No. 3) (Cth)

Civil Aviation Amendment Regulations 2008 (No. 3)¹

Select Legislative Instrument 2008 No. 272

I, QUENTIN BRYCE, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Civil Aviation Act 1988.

Dated 12 December 2008

QUENTIN BRYCE

Governor‑General

By Her Excellency’s Command

ANTHONY ALBANESE

Minister for Infrastructure, Transport, Regional Development and Local Government

Name of Regulations

These Regulations are the Civil Aviation Amendment Regulations 2008 (No. 3).

Commencement

These Regulations commence immediately after the commencement of regulation 4.59A of the Aviation Transport Security Regulations 2005.

Amendment of Civil Aviation Regulations 1988

Schedule 1 amends the Civil Aviation Regulations 1988.

Schedule 1 Amendments

(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).

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See