Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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 .