Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) A person commits an offence if:
(a) the person smokes on board an aircraft; and
(b) the aircraft is engaged in:
(i) the carriage of passengers between airports in Australian territory as part of an air transport service; or
(ii) Australian international carriage (other than the carriage of freight only) as part of an air transport service.
Penalty: 25 penalty units.
(2) A person commits an offence if:
(a) the person is the operator of an aircraft; and
(b) the aircraft is engaged in:
(i) the carriage of passengers between airports in Australian territory as part of an air transport service; or
(ii) Australian international carriage (other than the carriage of freight only) as part of an air transport service; and
(c) a notice that meets the requirements in subsection (3) is not displayed in a conspicuous place in the aircraft.
Penalty: 50 penalty units.
(3) A notice meets the requirements in this subsection if the notice:
(a) indicates that smoking is prohibited at all times; and
(b) is legible.
(4) It is not a defence to a prosecution for an offence against subsection (1) that a notice that meets the requirements in subsection (3) was not displayed in a conspicuous place in the aircraft.