(1) The pilot in command of an aircraft for a flight contravenes this subregulation if:
(a) the aircraft is operated on the manoeuvring area of, or in the vicinity of, a non - controlled aerodrome; and
(b) the pilot does not, to the extent practicable, land and take off into the wind.
(2) Subregulation (1) does not apply if:
(a) the aircraft flight manual instructions for the aircraft allow the aircraft to land or take off downwind or crosswind; and
(b) the pilot is satisfied that traffic conditions at the aerodrome enable such a landing or take - off to be carried out safely.
(3) A person commits an offence if the person contravenes subregulation (1).
Note: A defendant bears an evidential burden in relation to the matters
in subregulation (2): see subsection 13.3(3) of the Criminal
Code .