(4) The pilot in command of an aircraft must not allow the aircraft to take off if its gross weight exceeds its maximum take‑off weight or, if a lesser weight determined in accordance with a direction under subregulation (2) is applicable to the take‑off, that lesser weight.
Penalty: 50 penalty units.
(5) The pilot in command of an aircraft must not allow the aircraft to take off if its gross weight exceeds, by more than the weight of fuel that would normally be used in flying to its next landing place or planned alternative aerodrome, its maximum landing weight or, if a lesser weight determined in accordance with a direction under subregulation (2) is applicable to the landing at that place or aerodrome, that lesser weight.
Penalty: 50 penalty units.
(6) The pilot in command of an aircraft, must not land the aircraft if its gross weight exceeds its maximum landing weight or, if a lesser weight determined in accordance with a direction under subregulation (2) is applicable to the landing, that lesser weight.
Penalty: 50 penalty units.
(7) CASA may, for the purpose of ensuring the safety of air navigation, give directions with respect to the method of loading of persons and goods (including fuel) on aircraft.
(7A) A person must not contravene a direction under subregulation (7).
Penalty: 50 penalty units.
(8) The pilot in command of an aircraft must not allow the aircraft to take off or land if a direction given under this regulation, about the loading of the aircraft has not been complied with.
Penalty: 50 penalty units.
(9) The pilot in command must ensure that the load of an aircraft throughout a flight shall be so distributed that the centre of gravity of the aircraft falls within the limitations specified in its certificate of airworthiness or its flight manual.
Penalty: 50 penalty units.
(10) A direction given under this regulation does not have effect in relation to a person until it has been served on the person.
(12) An offence against subregulation (2A), (4), (5), (6), (7A), (8) or (9) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(13) It is a defence to a prosecution under subregulation (6) if the landing was made in an emergency.
Note: A defendant bears an evidential burden in relation to the matter in subregulation (13) (see subsection 13.3(3) of the Criminal Code).
Simple.
