(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 .