Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:17:p14
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 17 (pt 14/23)
Character Range: 1813262–1816028

control about the non‑compliance as soon as practicable after the pilot in command is unable to comply with the clearance or instructions.
 (3) 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.

91.260  Unauthorised entry into prohibited or restricted areas
 (1) The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight:
 (a) the aircraft:
 (i) is in a prohibited area; or
 (ii) is in a restricted area in contravention of a condition relating to the declaration of the area as a restricted area under regulation 7 of the Airspace Regulations 2007; and
 (b) the pilot in command does not comply with subregulation (2) as soon as the pilot becomes aware that the aircraft is in the prohibited area or restricted area.
 (2) The pilot must:
 (a) if the aircraft is fitted with, or carries, a means for the pilot in command to communicate with Air Traffic Services during the flight—inform Air Traffic Services, or the controlling authority (specified in the authorised aeronautical information for the flight) for the prohibited or restricted area, that the aircraft is in the area; and
 (b) for an aircraft (other than a Part 131 aircraft)—fly the aircraft out of the area; and
 (c) for a Part 131 aircraft:
 (i) fly the aircraft out of the area; or
 (ii) if it is not possible to fly the aircraft out of the area—land the aircraft and inform the authority controlling the area as soon as is practicable.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

91.263  Air defence identification zone flights
 (1) The pilot in command of an aircraft for a flight contravenes this subregulation if:
 (a) during the flight the aircraft enters an air defence identification zone published in the authorised aeronautical information for the flight; and
 (b) a procedure published in the authorised aeronautical information for the flight for that zone is not complied with for the flight.
 (2) Subregulation (1) does not apply in relation to a Part 131 aircraft if the pilot in command of the aircraft lands the aircraft and informs the authority controlling the area as soon as is practicable after entering the air defence identification zone.
 (3) 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.

91.265  Minimum height rules—populous