Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(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).
Note: A defendant bears an evidential burden in relation to the matters in subregulation (3): see subsection 13.3(3) of the Criminal Code .