Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.520

  (1)   A crew member of an aircraft for a flight contravenes this subregulation   if:

  (a)   the crew member is, or is likely to be, unfit to perform a duty:

  (i)   that is a required duty for the crew member to perform during the flight; and

  (ii)   that is related to the safety of the aircraft or of the persons on the aircraft or cargo on the aircraft; and

  (b)   the crew member begins to carry out the crew member's duties for the flight.

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

  (a)   the crew member carries out a duty for the flight; and

  (b)   either:

  (i)   the crew member consumes alcohol at any time during the period of 8 hours ending when the flight begins; or

  (ii)   if a test of a body sample of the crew member to determine the level of alcohol in the sample was taken at the time of carrying out the duty--the test would reveal that the permitted level for alcohol (within the meaning of Part   99) is exceeded.

  (3)   A crew member of an aircraft for a flight contravenes this subregulation   if the crew member consumes alcohol while on board the aircraft.

  (4)   The operator of an aircraft for a flight contravenes this subregulation   if:

  (a)   the operator believes on reasonable grounds that a crew member is unfit to perform a duty on the flight; and

  (b)   the duty relates to the safety of the aircraft or of the persons on the aircraft or cargo on the aircraft; and

  (c)   the operator assigns the crew member to duty for the flight.

  (5)   A person commits an offence of strict liability if the person contravenes subregulation   (1), (2) or (3).

Penalty:   50 penalty units.

  (6)   A person commits an offence if the person contravenes subregulation   (4).

Penalty:   50 penalty units.

  (7)   Strict liability applies to paragraphs   (4)(b) and (c).

  (8)   Without limiting subregulation   (1) or (4), a crew member is taken to be, or is taken to be likely to be, unfit to perform a duty if:

  (a)   the crew member is fatigued to the extent that the crew member's ability to safely perform the duty is reduced or likely to be reduced; or

  (b)   the crew member's ability to safely perform the duty is impaired, or likely to be impaired, because the crew member has consumed, used or absorbed a psychoactive substance.