65I Intoxicated persons on aircraft

(1)

Every person (except a person under medical care) commits an offence who—

(a)

is intoxicated and boards an aircraft; or

(b)

becomes intoxicated on an aircraft.

(1A)

In proceedings for an offence against subsection (1),—

(a)

the prosecutor need not assert, in the charging document, that the defendant was not a person under medical care; and

(b)

the burden of proving that the defendant was under medical care lies on the defendant.

(2)

Every person who commits an offence against—

(a)

subsection (1)(a) is liable on conviction to a fine not exceeding $5,000:

(b)

subsection (1)(b) is liable on conviction to a fine not exceeding $3,000.

(3)

For the purposes of this section, a person is intoxicated if the pilot-in-command (or senior flight attendant authorised by the pilot-in-command for this purpose) has reasonable grounds to believe that the person is under the influence of alcohol (within the meaning of section 5(1) of the Sale and Supply of Alcohol Act 2012) or an intoxicating substance to such an extent as to—

(a)

be incapable of properly looking after himself or herself; or

(b)

actively present a hazard to the aircraft or to persons on the aircraft; or

(c)

offend against the good order and discipline required on an aircraft.

(4)

For the purposes of this section, person under medical care means a person who—

(a)

is under the supervision of an attendant; and

(b)

has become intoxicated as a result of taking prescription medication in accordance with a medical authorisation.

Section 65I: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 65I(1A): inserted, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 65I(2)(a): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 65I(2)(b): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 65I(3): amended, on 18 December 2013, by section 417(1) of the Sale and Supply of Alcohol Act 2012 (2012 No 120).