(1)

A jet aircraft, or a relevant propeller-driven aircraft:

(a)

for the purpose of approaching to land on a runway; or

(b)

for the purpose of departing after take-off from a runway;

must fly within, and not deviate from, the appropriate designated flight corridor for the runway.

(2)

Subject to subregulation (3), an air traffic controller may:

(a)

instruct a jet aircraft, or a relevant propeller-driven aircraft, to deviate from, or not to fly within, a designated flight corridor; or

(b)

approve a jet aircraft, or a relevant propeller-driven aircraft, deviating from, or not flying within, a designated flight corridor.

(3)

An air traffic controller must not give an instruction or approval under subregulation (2) unless it appears to the air traffic controller to be necessary to do so:

(a)

having regard to the safety of the aircraft or any person; or

(b)

to avoid damage to property.

(4)

In subregulation (1), appropriate means appropriate having regard to:

(a)

the designated flight corridor or flight corridors for the runway; and

(b)

the kind of flight operation concerned; and

(c)

the designated flight corridor in respect of which a flight operation of that kind is specified in the Schedule.

(5)

It is a defence to a prosecution under subregulation 5 (1) that the defendant was acting in accordance with an instruction or approval given under subregulation (2).

Note   A defendant bears an evidential burden in relation to whether or not he or she was acting in accordance with an instruction or approval (see subsection 13.3 (3) of the Criminal Code).

(1)

For the purposes of regulation 3, in relation to jet aircraft, the flight corridor specified in Column 2 of an item in the Schedule is designated for the runway specified in Column 3 of that item in respect of the kind of flight operation specified in Column 4 of that item.

(1A)

For the purpose of regulation 3, in relation to a relevant propeller-driven aircraft that takes off from Sydney Airport during the period that begins at 11 p.m. on any day and ends at 6 a.m. on the next day, the flight corridor specified in item 7 in the Schedule is the designated flight corridor.

(1B)

For the purpose of regulation 3, in relation to a relevant propeller-driven aircraft that lands at Sydney Airport during the period that begins at 11 p.m. on any day and ends at 6 a.m. on the next day, the flight corridor specified in item 1 of the Schedule is the designated flight corridor.

Note   Section 6 of the Sydney Airport Curfew Act 1995 provides for a curfew period to operate at Sydney Airport between 11 p.m. on any day and 6 a.m. on the next day. Section 7 of that Act prohibits an aircraft from taking off or landing at Sydney Airport during a curfew period unless the aircraft is permitted to do so under Part 3 of the Act.

(2)

The points by reference to which the location and dimensions of a designated flight corridor are defined are the points determined in writing by the Minister.

(3)

A determination made under subregulation (2):

(a)

must be published in the Aeronautical Information Publications; and

(b)

is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

(1)

If a jet aircraft, or a relevant propeller-driven aircraft, contravenes subregulation 3 (1), or fails to comply with an instruction or approval under subregulation 3 (2), the operator of the aircraft is guilty of an offence.

Penalty:   50 penalty units.

Note   Section 23 of the Air Navigation Act 1920 provides for certain defences in proceedings for offences against regulations made under the Act.

(2)

Despite subregulation (1), an offence does not occur unless, at the time when the contravention or failure to comply occurs, a determination in respect of the relevant designated flight corridor has been:

(a)

made under subregulation 4 (2); and

(b)

published under subregulation 4 (3).

(3)

An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

The Minister may delegate, in writing, the power to make a determination under subregulation 4 (2) to an employee of AA.

For the purposes of paragraph 8 (1) (f) of the Air Services Act 1995, the functions of AA include:

(a)

monitoring compliance with these Regulations; and

(b)

investigating any conduct that may constitute a contravention of these Regulations.