Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.355

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

  (a)   the aircraft is on water; and

  (b)   a requirement mentioned in subregulation   (2) is not met.

  (2)   The requirements are the following:

  (a)   the aircraft must give way to, and keep well clear of, an aircraft or vessel converging on its right;

  (b)   the aircraft must alter its heading to the right, and keep well clear, of an aircraft or vessel that is approaching head - on or approximately head - on;

  (c)   the aircraft, if overtaking a vessel or another aircraft, must:

  (i)   give way to the vessel or aircraft being overtaken; and

  (ii)   alter its heading to keep well clear of the vessel or aircraft being overtaken.

  (3)   Subregulation (1) does not apply if it is necessary, to avoid a collision with an aircraft or vessel, to not comply with the requirement.

  (4)   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   (3): see subsection   13.3(3) of the Criminal Code .