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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 133.110

Crew activities necessary for safe operation

             (1)  The operator of a rotorcraft for a flight contravenes this subregulation if:

                     (a)  the operator requires a crew member for the flight to perform an activity during take-off, initial climb, final approach or landing of the rotorcraft for the flight; and

                     (b)  the activity is not necessary for the safe operation of the rotorcraft.

             (2)  A crew member for a flight of a rotorcraft contravenes this subregulation if:

                     (a)  the crew member performs an activity during take-off, initial climb, final approach or landing of the rotorcraft for the flight; and

                     (b)  the activity is not necessary for the safe operation of the rotorcraft.

             (3)  Subregulations (1) and (2) do not apply if:

                     (a)  the flight is a medical transport operation; and

                     (b)  the crew member is a medical transport specialist; and

                     (c)  the activity relates to providing care to a medical patient; and

                     (d)  the crew member is satisfied that:

                              (i)  it is essential to perform the activity; and

                             (ii)  performing the activity will not affect the safe operation of the rotorcraft.

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



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