(1) The operator and the pilot in command of an aeroplane for a flight each contravene this subregulation if:
(a) the flight is:
(i) an IFR flight; or
(ii) a VFR flight at night; or
(iii) a flight during which the aeroplane will not remain within 50 nautical miles of the departure aerodrome; and
(b) when the flight begins, an operational flight plan that meets the requirements mentioned in subregulation (2) has not been prepared for the flight.
(2) The requirements are the following:
(a) the flight plan must be prepared having regard to:
(i) the safety of the aeroplane, and of the people on board the aeroplane, during the flight; and
(ii) the aeroplane's performance; and
(iii) the expected aeroplane operating limitations and conditions for the flight; and
(iv) meteorological conditions for the flight;
(b) the flight plan must contain the information prescribed by the Part 135 Manual of Standards for the purposes of this paragraph.
(3) The operator and the pilot in command of an aeroplane for a flight each contravene this subregulation if:
(a) the Part 135 Manual of Standards prescribes information about the flight for the purposes of this subregulation; and
(b) that information is not recorded in the operational flight plan for the flight:
(i) unless subparagraph (ii) applies--before the flight ends; or
(ii) if it is not practicable to record the information before the flight ends--as soon as practicable after the flight ends.
(4) Subregulation (1) or (3) does not apply to the operator or the pilot in command in relation to information required to be included in the operational flight plan under that subregulation if, by the time it is required to be recorded, the information is:
(a) recorded in another document kept by the operator; or
(b) readily available to the operator from another source.
Note : An example for paragraph (a) is a journey log kept by the operator for the flight.
(5) A person commits an offence of strict liability if the person contravenes subregulation (1) or (3).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (4): see subsection 13.3(3) of the Criminal Code .