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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 105.060

Defective reserve parachutes and defective emergency parachutes

Defective reserve parachutes

             (1)  A person contravenes this subregulation if:

                     (a)  the person undertakes a parachute descent; and

                     (b)  the person is equipped with a defective reserve parachute.

             (2)  Subregulation (1) does not apply if the person is a tandem parachutist or a trainee parachutist.

Defective reserve parachutes and defective emergency parachutes

             (3)  A person contravenes this subregulation if the person provides a defective reserve parachute or a defective emergency parachute to another person for the purposes of the other person undertaking a parachute descent.

Offence

             (4)  A person commits an offence of strict liability if the person contravenes subregulation (1) or (3).

Penalty:  50 penalty units.

Note:          A defendant bears an evidential burden in relation to the matters in subregulation (2): see subsection 13.3(3) of the Criminal Code .

Defective reserve parachute

             (5)  For the purposes of this regulation, a defective reserve parachute means a reserve parachute:

                     (a)  that is covered by a report under regulation 105.045 or 105.050; or

                     (b)  that is covered by an airworthiness directive; or

                     (c)  whose assembly does not meet a requirement prescribed by the Part 105 Manual of Standards for the purposes of paragraph 105.055(3)(a); or

                     (d)  for which the manufacturer of the parachute has issued a notice stating that action must be taken in relation to the parachute to ensure the safety of air navigation and that action has not been taken.

Defective emergency parachute

             (6)  For the purposes of this regulation, a defective emergency parachute means an emergency parachute:

                     (a)  that is covered by a report under regulation 105.045; or

                     (b)  that is covered by an airworthiness directive; or

                     (c)  that does not meet a requirement prescribed by the Part 105 Manual of Standards for the purposes of paragraph 105.055(5)(a); or

                     (d)  for which the manufacturer of the parachute has issued a notice stating that action must be taken in relation to the parachute to ensure the safety of air navigation and that action has not been taken.



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