(1) This regulation applies if an aircraft is being operated to facilitate a parachute descent by either or both of the following:
(a) a trainee parachutist;
(b) a tandem parachutist.
(2) The pilot in command of the aircraft contravenes this subregulation if a person is carried on the aircraft and the person is not:
(a) undertaking a parachute descent from the aircraft; or
(b) a crew member; or
(c) an officer, or delegate of CASA, who is on board the aircraft to carry out the officer's or delegate's duties; or
(d) performing a duty in accordance with the exposition of a Part 105 ASAO; or
(e) authorised by a Part 105 ASAO to be carried on the flight for training purposes.
(3) Subregulation (2) does not apply if:
(a) the aircraft is a manned free balloon; and
(b) the pilot in command holds an authorisation from a Part 105 ASAO to carry the person on board the balloon.
(4) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (3): see subsection 13.3(3) of the Criminal Code .
Subpart 105.G -- Personnel fatigue management