Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:
(a) air traffic control gives the pilot in command an air traffic control clearance or air traffic control instructions; and
(b) the pilot in command does not comply with the clearance or instructions.
(2) Subregulation (1) does not apply if:
(a) it is not practicable to seek authorisation for the non - compliance before it occurs; and
(b) the non - compliance is necessary for the safety of the aircraft or the persons on the aircraft; and
(c) the pilot in command informs air traffic control about the non - compliance as soon as practicable after the pilot in command is unable to comply with the clearance or instructions.
(3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Note: A defendant bears an evidential burden in relation to the matters
in subregulation (2): see subsection 13.3(3) of the Criminal
Code .