(1) The pilot in command of an aircraft for a flight contravenes this subregulation if:
(a) the pilot in command permits a person to operate a portable electronic device during the flight; and
(b) the pilot in command does not determine that the operation of the device during the flight will not affect the safety of the aircraft.
(2) A person on an aircraft for a flight contravenes this subregulation if:
(a) during the flight, the person operates a portable electronic device; and
(b) the person has been directed by the pilot in command, or instructed by a cabin crew member, not to operate the portable electronic device during the flight.
(3) A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).