Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p30
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 30/76)
Character Range: 1910482–1913255

preserve the recorders—until the end of that period for the recordings, and until the time of that notification for the recorders; or
 (b) in any other case—until 72 hours after the matter is reported to the Australian Transport Safety Bureau under section 18 of the Transport Safety Investigation Act 2003.
 (3) Subregulation (1) does not apply if:
 (a) the recordings or recorders are not preserved; and
 (b) the operator took reasonable steps in the circumstances to preserve the recordings or recorders.
 (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 (3): see subsection 13.3(3) of the Criminal Code.

91.655  RVSM airspace
 (1) The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:
 (a) the aircraft is flown in RVSM airspace; and
 (b) the requirement mentioned in subregulation (2) is not met.
 (2) The requirement is that either or both of the following apply:
 (a) the operator of the aircraft holds:
 (i) for an Australian aircraft—an approval under regulation 91.045; or
 (ii) for a foreign aircraft—an approval by the national aviation authority of the aircraft's State of registry or of the State of the operator;
  for the aircraft to be flown in RVSM airspace;
 (b) the pilot in command has been given an air traffic control clearance or an air traffic control instruction for the aircraft to be flown in the RVSM airspace.
 (3) The pilot in command of an aircraft for a flight contravenes this subregulation if:
 (a) the aircraft is in RVSM airspace; and
 (b) the aircraft becomes unable to operate with RVSM separation; and
 (c) the pilot in command does not inform air traffic control as soon as practicable after the aircraft becomes unable to operate with RVSM separation.
 (4) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
 (5) A person commits an offence if the person contravenes subregulation (3).
Penalty: 50 penalty units.

91.660  Performance‑based navigation
 (1) The pilot in command of an aircraft for a flight contravenes this subregulation if:
 (a) the flight, or any part of the flight, is conducted using a navigation specification prescribed by the Part 91 Manual of Standards for the purposes of this paragraph; and
 (b) neither the operator of the aircraft for the flight nor the pilot in command holds:
 (i) for an Australian aircraft—an approval under regulation 91.045; or
 (ii) for a foreign registered aircraft—an approval by the national aviation authority of the aircraft's State of registry or of the State of the operator;
  to use that