(1) The pilot in command of an aircraft (other than a rotorcraft, a glider or a powered parachute) 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, after take-off, maintain the same track from the take-off until the aircraft is 500 ft AGL.
(2) Subregulation (1) does not apply to the pilot in command of a seaplane or amphibian if the pilot in command contravenes the subregulation only to the extent necessary:
(a) to avoid an obstacle; or
(b) to avoid undue noise over a populated area without compromising the aircraft's safety; or
(c) for a single engine seaplane or amphibian--to enable the aircraft to land on water if its engine fails.
(3) Subregulation (1) does not apply to the pilot in command of an aircraft if a change to the track is necessary to avoid the terrain.
(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 (2) or (3): see subsection 13.3(3) of the Criminal Code .