Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.690

Pilot in command to report contraventions relating to emergencies

             (1)  The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:

                     (a)  during the flight, an emergency occurs that threatens the safety of the aircraft or the persons on the aircraft; and

                     (b)  the emergency requires the pilot flying the aircraft to take action that involves a contravention of a provision of these Regulations; and

                     (c)  neither the operator nor the pilot in command give CASA written notice, in the approved form, of the contravention and the circumstances of the contravention, within 2 business days after the day the emergency occurs.

             (2)  The pilot in command is not excused from giving notice under subregulation (1) on the ground that the giving of the notice, or the information in the notice, might tend to incriminate the pilot in command or expose the pilot in command to a penalty.

             (3)  The following are not admissible in evidence against the pilot in command in criminal proceedings other than proceedings for an offence against subsection 136.1(1) or (4), 137.1(1) or 137.2(1) of the Criminal Code :

                     (a)  the information in the notice;

                     (b)  any information, document or thing obtained as a direct or indirect consequence of giving the notice.

             (4)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.



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