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Part 4 · Miscellaneous Provisions

19. Prohibited use of psychoactive substances

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(1)

A person must not conduct an aerial activity or outdoor light display, or be involved in the conduct of that aerial activity or outdoor light display, if the person is under the influence of any psychoactive substance (as defined in the First Schedule to the Air Navigation (91 — General Operating Rules) Regulations 2018) to such extent as to be unable to conduct the aerial activity or outdoor light display (as the case may be) in a safe and proper manner.

(2)

Any person who fails to comply with paragraph (1) shall be guilty of an offence and shall be liable on conviction —

(a)

for a first offence, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; and

(b)

for a second or subsequent offence, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.

(3)

In a prosecution for an offence under paragraph (2), it is not necessary for the prosecution to prove that the person charged with the offence intended to commit the offence.

Subregulation 1

A person must not conduct an aerial activity or outdoor light display, or be involved in the conduct of that aerial activity or outdoor light display, if the person is under the influence of any psychoactive substance (as defined in the First Schedule to the Air Navigation (91 — General Operating Rules) Regulations 2018) to such extent as to be unable to conduct the aerial activity or outdoor light display (as the case may be) in a safe and proper manner.

Subregulation 2

Any person who fails to comply with paragraph (1) shall be guilty of an offence and shall be liable on conviction —

(a)

for a first offence, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; and

(b)

for a second or subsequent offence, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.

Subregulation 3

In a prosecution for an offence under paragraph (2), it is not necessary for the prosecution to prove that the person charged with the offence intended to commit the offence.

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