Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.675

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

  (a)   the pilot in command becomes aware that a hazard to air navigation exists; and

  (b)   information about the hazard is not published in the authorised aeronautical information for the flight; and

  (c)   the pilot in command does not, as soon as circumstances permit, report the hazard to:

  (i)   Air Traffic Services; and

  (ii)   if the hazard is on an aerodrome--the operator of the aerodrome.

  (2)   Subregulation (1) does not apply if:

  (a)   the pilot believes that the hazard has previously been reported as required by subregulation   (1); and

  (b)   the belief is reasonable in the circumstances.

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