10Failure to submit flight plan in relation to movements during curfew period

10 Failure to submit flight plan in relation to movements during curfew period

(1) Before an aircraft does either of the following during a curfew period: (a) takes off from Essendon Fields Airport on a flight; (b) lands at Essendon Fields Airport at the end of a flight; the operator of the aircraft must ensure a flight plan for the flight is submitted to Airservices Australia. (2) An operator of an aircraft commits an offence if: (a) the operator is subject to a requirement under subsection (1); and (b) the operator engages in conduct; and (c) the conduct contravenes the requirement.

Penalty: 50 penalty units.

(3) Subsections (1) and (2) do not apply in relation to the landing of an aircraft at Essendon Fields Airport during a curfew period if the landing is permitted under subsection 14(2) (aircraft involved in an emergency) or section 15 (dispensations in exceptional circumstances).

Note 1: A defendant bears an evidential burden in relation to a matter in this subsection: see subsection 13.3(3) of the Criminal Code.

Note 2: Before granting a dispensation authorising an aircraft to land despite this section, the Secretary must be satisfied that when the aircraft took off, the operator of the aircraft reasonably believed that the aircraft would land before the start of the curfew period: see paragraph 15(3)(b) of this instrument.