Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:17:p15
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 17 (pt 15/23)
Character Range: 1815751–1818542

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.

91.265  Minimum height rules—populous areas and public gatherings
 (1) This regulation applies if an aircraft is flown over a populous area or a public gathering.
Note: This regulation does not apply to certain medical transport operations in a rotorcraft and certain aerial work operations: see regulations 133.167 and 138.275.
 (2) The pilot in command of an aeroplane for a flight contravenes this subregulation if, during the flight:
 (a) the aeroplane is flown below 1,000 ft above the highest feature or obstacle within a horizontal radius of 600 m of the point on the ground or water immediately below the aeroplane; and
 (b) none of the circumstances mentioned in subregulation (4) applies.
 (3) The pilot in command of a rotorcraft for a flight contravenes this subregulation if, during the flight:
 (a) the rotorcraft is flown below 1,000 ft above the highest feature or obstacle within a horizontal radius of 300 m of the point on the ground or water immediately below the rotorcraft; and
 (b) none of the circumstances mentioned in subregulation (4) applies.
 (4) The circumstances are the following:
 (a) the aircraft is taking off or landing in circumstances prescribed by the Part 91 Manual of Standards;
 (b) the aircraft is engaged in a missed approach;
 (c) the aircraft:
 (i) is not carrying passengers; and
 (ii) is engaged in a practice emergency procedure at an aerodrome;
 (d) the aircraft is performing training circuits at an aerodrome;
 (e) the pilot in command holds an approval for the purposes of regulation 91.180 (air displays in Australian territory);
 (f) for a rotorcraft—the rotorcraft is hovering, air transiting, air taxiing or ground taxiing at an aerodrome;
 (g) for a rotorcraft, seaplane or amphibian—the aircraft is flying within an access lane:
 (i) that is for use by aircraft taking off from, or landing at, a particular place; and
 (ii) details of which are published in the authorised aeronautical information for the flight;
 (h) for a single‑engine seaplane or a single‑engine amphibian:
 (i) the aeroplane is operating over water and within safe gliding distance of open water suitable for a forced landing; and
 (ii) the aeroplane is not flown below 1,000 ft above the highest feature or obstacle within a horizontal radius of 300 m of the point on the water immediately below the aeroplane;
 (i) the aircraft is engaged in a procedure to determine the suitability of an aerodrome for a landing.
 (5) A person commits an offence of strict liability if the person contravenes subregulation (2) or (3).