(1) The operator of an aeroplane for a flight contravenes this subregulation if:
(a) the operator assigns a cabin crew member (the original senior cabin crew member ) to duty as the senior cabin crew member for the flight; and
(b) the cabin crew member has not successfully completed the training and checking for a senior cabin crew member prescribed by the Part 121 Manual of Standards.
(2) Subregulation (1) does not apply if, before the flight begins:
(a) another cabin crew member is assigned to duty as the senior cabin crew member for the flight; and
(b) the original senior cabin crew member becomes unable to report for duty due to unforeseen circumstances that are beyond the operator's control.
Example: A senior cabin crew member becomes unfit for duty shortly before a flight at a place where a replacement senior cabin crew member is not available.
(3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Note: A defendant bears an evidential burden in relation to the matters
in subregulation (2): see subsection 13.3(3) of the Criminal
Code .