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Small Unmanned Aircraft Order

Part 5—Division 4
L.N. 116 of 2021
Section 65
B4617

Division 4—Other Miscellaneous Matters

65. Liability for responsible persons that are unincorporated bodies

(1) For the purposes of this Order, if—

(a) a responsible person commits an offence under this Order; but
(b) the responsible person is an unincorporated body,

a person specified in subsection (2) commits the offence instead.

(2) A person who, at the time of the offence, was one of the following persons, is a person specified for subsection (1)—

(a) a partner in, or a manager of, or any other person concerned in the management of, the unincorporated body;
(b) a person purporting to act in the capacity of a person referred to in paragraph (a).

66. Defence

(1) It is a defence for a person charged with an offence under this Order (other than an offence under section 21, 22 or 58) to establish that, at the time of the alleged offence, the person had lawful authority or reasonable excuse for contravening the provision concerned.

(2) A person is taken to have established that the person had lawful authority or reasonable excuse for contravening the provision concerned if—

(a) there is sufficient evidence to raise an issue that the person had such lawful authority or reasonable excuse; and