Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 133.315

Flight in a performance class

  (1)   The operator and the pilot in command of a rotorcraft for a flight each contravene this subregulation   if, during any stage of the flight, the rotorcraft is not flown in a performance class.

  (2)   Subregulation (1) does not apply in relation to a stage of a flight if:

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

  (b)   the stage of the flight is conducted at a medical transport operating site; and

  (c)   the operator's exposition includes risk assessment and management procedures that must be complied with if the rotorcraft is not flown in a performance class during such a stage; and

  (d)   the procedures are complied with for the flight.

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

Penalty:   50 penalty units.

Note:   A defendant bears an evidential burden in relation to the matters in subregulation   (2): see subsection   13.3(3) of the Criminal Code .


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