(1) A person may operate an unmanned aircraft:
(a) in or into cloud; or
(b) at night; or
(c) in conditions other than VMC;
only if permitted by another provision of this Part, or in accordance with an air traffic control direction.
Penalty: 25 penalty units.
(1A) Subregulation (1) does not apply if the person holds an approval under regulation 101.029 for the purposes of this subregulation.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (1A): see subsection 13.3(3) of the Criminal Code .
(2) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .