(1) The operator and the pilot in command of a Part 131 aircraft for a flight that is a balloon transport operation each contravene this subregulation if:
(a) the aircraft is flown at night; and
(b) the operator or pilot in command does not hold an approval under regulation 131.035 to fly the aircraft at night.
(2) The pilot in command of a Part 131 aircraft for a flight that is not a balloon transport operation contravenes this subregulation if:
(a) the aircraft is flown at night; and
(b) the pilot in command does not hold:
(i) if the flight is a specialised balloon operation that requires an approval under regulation 131.035 to conduct the operation--an approval under regulation 131.035 to fly the aircraft at night; or
(ii) otherwise--an authorisation from a Part 131 ASAO to fly the aircraft at night.
(3) A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).