Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 132.065

  (1)   This regulation applies to a flight of a limited category aircraft if:

  (a)   a passenger is to be carried on the flight; and

  (b)   the flight is not an adventure flight.

Note:   For the passenger briefing requirement for adventure flights, see regulation   132.155.

  (2)   The operator of the aircraft contravenes this subregulation   if the requirement mentioned in subregulation   (3) is not met for the passenger for the flight.

  (3)   For subregulation   (2), the requirement is that, on the day of the flight, before the passenger is taken to the aircraft, a briefing that complies with subregulation   (4) must be given to:

  (a)   the passenger; and

  (b)   if the passenger is under 18--the passenger's parent or guardian; and

  (c)   if the person giving the briefing reasonably believes that the passenger will not be able to understand the briefing--a person who has care of the passenger.

  (4)   For subregulation   (3), the briefing must:

  (a)   include the content mentioned in subregulation   132.070(1); and

  (b)   be in a language that the passenger (and, if applicable, the passenger's parent, guardian or carer) understands.

  (5)   Subregulation (2) does not apply to the operator if:

  (a)   the passenger was carried on an earlier flight of the aircraft on the same day; and

  (b)   the requirement mentioned in subregulation   (3) was met for the passenger for the earlier flight.

  (6)   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   (5): see subsection   13.3(3) of the Criminal Code .