(1) The operator of an aeroplane for a flight contravenes this subregulation if:
(a) the performance data in the aircraft flight manual instructions for the aeroplane does not comply with Annex 8 to the Chicago Convention; and
(b) the aeroplane begins the flight.
(2) The operator and the pilot in command of an aeroplane for a flight each contravene this subregulation if:
(a) a calculation relating to the aeroplane's performance for the flight is made for the purposes of this Subpart; and
(b) data other than either of the following is used to make that calculation:
(i) performance data set out in the aircraft flight manual instructions for the aeroplane;
(ii) performance data for which the aeroplane operator holds an approval under regulation 121.010.
(3) A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).