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In forceAmended2020 Revised Edition

Part 2 · Regulatory Framework for Safety in Aviation

39. Dangerous activity involving aircraft, aeronautical product, etc.

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Amended

Last amended by an amending law of 2019.

(1)

A person must not operate, maintain or service, or do any other act in respect of, any aircraft, aeronautical product or aviation‑related service in a manner that the person knows or ought reasonably to know —

(a)

could endanger the life of another person; or

(b)

could endanger the person or the property of another person.

(2)

A person must not cause or permit any aircraft, aeronautical product or aviation‑related service to be operated, maintained or serviced, or cause or permit any other act to be done in respect of any aircraft, aeronautical product or aviation‑related service, in a manner that the person knows or ought reasonably to know —

(a)

could endanger the life of another person; or

(b)

could endanger the person or the property of another person.

(3)

A person must not secrete himself or herself in an aircraft for the purpose of being carried in the aircraft, or travel in an aircraft, without the consent of the operator or pilot‑in‑command of the aircraft.

(4)

Any person who contravenes subsection (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.

(5)

Despite subsection (4), where a person commits an offence under subsection (1) or (2) by doing any act, or causing or permitting any act —

(a)

involving an unmanned aircraft; and

(b)

knowing that or reckless as to whether, when so acting or causing or permitting the act, the life or property of another person could be endangered or the person could be endangered,then the person who is guilty of the offence shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 10 years or to both.

(6)

For the purposes of subsection (1) or (2), it is immaterial that the accused is the holder of an aviation safety instrument or is exempt from a requirement to hold an aviation safety instrument.[8C

Report

Part 2A

Air Transport Undertakings

Part 2B

Aviation Security

Part 3

Control of Obstructions in Vicinity of Aerodromes

Part 3A

Miscellaneous Matters

Part 4

Restriction on Claims for Damages and Compensation

Part 5

Saving Provisions