(1) This regulation applies to a flight of a multi-engine aeroplane if:
(a) the flight is a passenger transport operation or a medical transport operation; and
(b) the flight is an IFR flight.
(2) The operator and the pilot in command of an aeroplane for a flight each contravene this subregulation if:
(a) at the time of take-off, the aeroplane will not be able to return to the departure aerodrome:
(i) because the visibility and cloud ceiling height at the departure aerodrome will be less than the landing minima requirements for the aerodrome for at least 1 hour after take-off; or
(ii) for any other reason; and
(b) the operational flight plan for the flight does not include a take-off alternate aerodrome that meets the requirements mentioned in subregulation (3).
(3) The requirements are the following:
(a) the authorised weather forecast for the take-off alternate aerodrome must indicate that the visibility and cloud ceiling height at the aerodrome meet the landing minima requirements for the aerodrome for at least 1 hour after take-off;
(b) the take-off alternate aerodrome must be within the distance from the departure aerodrome that the aeroplane can fly in 1 hour at the aeroplane's one-engine inoperative cruising speed.
(4) Subregulation (2) does not apply if:
(a) the flight is a medical transport operation; and
(b) when the flight begins, the aeroplane is carrying sufficient fuel:
(i) to fly to the planned destination aerodrome for the flight; or
(ii) if a destination alternate aerodrome is required for the flight by the flight preparation (alternate aerodromes) requirements--to comply with the requirements for conducting a flight to a destination alternate prescribed by the flight preparation (alternate aerodromes) requirements.
(5) A person commits an offence of strict liability if the person contravenes subregulation (2).
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 .