Commonwealth Consolidated Regulations

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Air defence identification zone flights

             (1)  The pilot in command of an aircraft for a flight contravenes this subregulation if:

                     (a)  during the flight the aircraft enters an air defence identification zone published in the authorised aeronautical information for the flight; and

                     (b)  a procedure published in the authorised aeronautical information for the flight for that zone is not complied with for the flight.

             (2)  Subregulation (1) does not apply in relation to a Part 131 aircraft if the pilot in command of the aircraft lands the aircraft and informs the authority controlling the area as soon as is practicable after entering the air defence identification zone.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

Note:          A defendant bears an evidential burden in relation to the matters in subregulation (2): see subsection 13.3(3) of the  Criminal Code .

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