Document ID: chunk:federal_register_of_legislation:C2024C00861:section:41
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 41
Character Range: 118145–118965

41  Low flying
 (1) A defence member commits an offence if:
 (a) the member flies a service aircraft; and
 (b) by or in accordance with a lawful general order, there is a minimum height at which the member is authorised to fly; and
 (c) the height at which the member flies is less than that minimum height; and
 (d) the member is reckless or negligent as to the matter in paragraph (c).
Maximum punishment: Imprisonment for 12 months.
 (2) Strict liability applies to paragraph (1)(b).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (3) It is a defence if the member proves that he or she neither knew, nor could reasonably be expected to have known, of the general order.
Note: The defendant bears a legal burden in relation to the matter in subsection (3). See section 13.4 of the Criminal Code.