105.The Defence Council makes regulations governing minimum heights for flying (which vary with the type of aircraft and other factors). Service personnel who breach the regulations commit an offence, whether the breach is intentional, reckless or negligent. The offence does not apply to take-off and landing, and to such other circumstances as the Defence Council may prescribe by regulations. As with section 33, this offence is not limited to flying service aircraft.
106.In some situations, such as training, an individual who is flying an aircraft may be under the command of another person. If the person flying an aircraft breaches a minimum height requirement on the orders of such a person, it is the person in command who commits the offence (subsection (2)).