Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p32
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 32/76)
Character Range: 1915524–1918270

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.

91.680  Pilot in command to report emergencies
 (1) The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:
 (a) an emergency occurs that threatens the safety of the aircraft or the persons on the aircraft; and
 (b) the aircraft is fitted with, or carries, a means for the pilot in command to communicate with Air Traffic Services; and
 (c) it is practicable to inform Air Traffic Services of the emergency; and
 (d) the pilot does not inform Air Traffic Services, at the time that it is practicable to do so, of:
 (i) the emergency; and
 (ii) if the aircraft is carrying dangerous goods—the nature and state of the goods.
 (2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

91.685  Multi‑engine aircraft—pilot in command to land at nearest suitable aerodrome if emergency occurs
 (1) The pilot in command of a multi‑engine aircraft for a flight contravenes this subregulation if, during the flight:
 (a) an emergency occurs that threatens the safety of the aircraft or the persons on the aircraft; and
 (b) the pilot does not land at the aerodrome that is, in the circumstances, the nearest suitable aerodrome for the aircraft to land at.
 (2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

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