Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) The pilot in command of an aircraft for an IFR flight contravenes this subregulation if, during the flight on a track, the aircraft is flown at a cruising level that is not a specified IFR cruising level for the track.
(2) Subregulation (1) does not apply if:
(a) the aircraft is in uncontrolled airspace; and
(b) it is not practicable for the pilot in command to fly the aircraft at a specified IFR cruising level for the track.
(3) Subregulation (1) does not apply if air traffic control has:
(a) given the pilot in command an air traffic control instruction to fly the aircraft at the cruising level; or
(b) given the pilot in command an air traffic control clearance to fly the aircraft at the cruising level.
(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 .