Commonwealth Consolidated Regulations

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Giving way on water

             (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 .

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