10Flight plans

10 Flight plans

(1) The operator of an aircraft is guilty of an offence if: (a) the operator allows the aircraft to take off from Essendon Fields Airport; and (b) the take‑off occurs during a curfew period, and the operator knows, or is reckless about, that fact; and (c) a flight plan for the flight is not submitted to Airservices Australia before take‑off, and the operator knows, or is reckless about, that fact.

Penalty: 50 penalty units.

(2) The operator of an aircraft is guilty of an offence if: (a) the operator allows the aircraft to land at Essendon Fields Airport; and (b) the landing occurs during a curfew period, and the operator knows, or is reckless about, that fact; and (c) a flight plan for the flight is not submitted to Airservices Australia before landing, and the operator knows, or is reckless about, that fact.

Penalty: 50 penalty units.

(3) However, subregulation (2) does not apply to an aircraft that lands at Essendon Fields Airport during a curfew period if: (a) both of the following conditions are met: (i) when the aircraft takes off, the aircraft operator reasonably believes that the aircraft will land before the beginning of the curfew period; (ii) the landing is authorised by a dispensation given under regulation 15; or (b) the aircraft is involved in an emergency (within the meaning given by subregulation 14(2)).

Note: For the value of a penalty unit, see subsection 4AA(1) of the Crimes Act 1914.