41Low flying

41  Low flying  (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).  (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.