Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) The operator of a limited category aircraft contravenes this subregulation if:
(a) a booking for the carriage of a passenger for an adventure flight of the aircraft is taken by:
(i) the operator or an employee or agent of the operator; or
(ii) a booking vendor for the aircraft; and
(b) before the booking is finalised, the person making the booking is not given a briefing that:
(i) complies with regulation 132.150; and
(ii) is in a language the person understands.
(2) Subregulation (1) does not apply to the operator in relation to a booking taken by an agent of the operator or a booking vendor for the aircraft if, before the agent or vendor took the booking:
(a) the operator, or the administering authority for the aircraft, had instructed the agent or vendor that the agent or vendor must ensure that a briefing that complies with paragraph (1)(b) is given to a person making a booking for the carriage of a passenger on an adventure flight of the aircraft before finalising the booking; and
(b) the operator or the administering authority (as applicable) had given the agent or vendor the information that is necessary for the agent or vendor to give a briefing that complies with regulation 132.150.
(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 .
(4) For the purposes of this regulation, a person is a booking
vendor for a limited category aircraft if the person takes bookings for the
carriage of passengers on adventure flights for the aircraft, but is not the
operator of the aircraft or an employee or agent of the operator.