Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 201.002A

  (1)   The pilot in command of an aircraft for a flight contravenes this subregulation   if:

  (a)   during the flight, an authorised person requests to enter the cockpit; and

  (b)   the request is for the purposes of, or in connection with, the authorised person performing their duties; and

  (c)   the authorised person produces or displays their identity card; and

  (d)   the pilot in command refuses or fails to comply with the request.

  (2)   The pilot in command of an aircraft for a flight contravenes this subregulation   if:

  (a)   during the flight, an authorised person requests to occupy a particular seat or particular position on the aircraft; and

  (b)   the request is for the purposes of, or in connection with, the authorised person performing their duties; and

  (c)   the authorised person produces or displays their identity card; and

  (d)   the pilot in command refuses or fails to comply with the request.

  (3)   Subregulation (1) or (2) does not apply if the pilot in command is satisfied that the safety of the aircraft, or of any person or property, is likely to be endangered as a result of the entry of the authorised person to the cockpit, or the occupation of the seat or position by the authorised person (as the case may be).

  (4)   The pilot in command of an aircraft for a flight contravenes this subregulation   if:

  (a)   subregulation (1) or (2) applies in relation to a request (the first request ) by an authorised person; and

  (b)   the authorised person requests the pilot in command to report to CASA the reasons for the refusal or failure to comply with the first request; and

  (c)   the pilot in command fails to give the report to CASA in the approved form within 7 days of the refusal or failure.

Note:   Under regulation   11.018, a report in the approved form is not complete unless it contains all of the information required by the form.

  (5)   A person commits an offence of strict liability if the person contravenes subregulation   (1), (2) or (4).

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 .