(1) This regulation applies to a flight of a rotorcraft if:
(a) the rotorcraft has a maximum operational passenger seat configuration of more than 9 and not more than 19; or
(b) the flight is a medical transport operation; or
(c) all of the following apply:
(i) the rotorcraft has a maximum operational passenger seat configuration of not more than 19;
(ii) the flight is a passenger transport operation;
(iii) the flight is conducted under the IFR or at night.
(2) The operator and the pilot in command of a rotorcraft for a flight each contravene this subregulation if a requirement mentioned in subregulation (3) is not met for the flight.
(3) The requirements are the following:
(a) during the take-off, take-off and initial climb, the approach and landing, or baulked landing, stage of the flight, the rotorcraft must be flown in performance class 1 or 2, or performance class 2 with exposure;
(b) during any other stage of the flight, the rotorcraft must be flown in performance class 1.
(4) Subregulation (2) does not apply in relation to the take-off, take-off and initial climb, the approach and landing, or baulked landing stage of a flight, if:
(a) the flight is a medical transport operation; and
(b) the stage is conducted from or at a place as part of the medical transport operation; and
(c) the operator holds an approval under regulation 133.015 in relation to the place and the rotorcraft.
(5) 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 (4): see subsection 13.3(3) of the Criminal Code .