Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) The pilot in command of an aircraft for a VFR flight contravenes this subregulation if, during the flight on a track, the aircraft is flown at a cruising level that is not a specified VFR cruising level for the track.
(2) Subregulation (1) does not apply if the aircraft is in uncontrolled airspace and any of the following apply:
(a) the aircraft is below 3,000 ft above mean sea level;
(b) the aircraft is at or above 3,000 ft above mean sea level but below 1,500 ft AGL;
(c) it is not practicable for the pilot in command to fly the aircraft at a specified VFR cruising level for the track;
(d) the aircraft is a glider in soaring flight.
(3) Subregulation (1) does not apply if:
(a) the aircraft is in controlled airspace; and
(b) air traffic control has given the pilot in command an air traffic control instruction, or an air traffic control clearance, to fly the aircraft other than at a specified VFR cruising level for the track.
(4) 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) or (3): see subsection 13.3(3) of the Criminal Code .