Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) A person on an aircraft (other than a Part 103 aircraft) for a flight contravenes this subregulation if the person smokes:
(a) during take-off or landing; or
(b) during a period when the pilot in command has directed the person not to smoke.
Note: Section 37 of the Air Navigation Regulation 2016 prohibits smoking anywhere on an aircraft if the aircraft is engaged in certain operations.
(2) A person on an aircraft (other than a Part 103 aircraft) for a flight contravenes this subregulation if the person smokes in the aircraft's toilet.
(3) For the purposes of paragraph (1)(b), the pilot in command is taken to have directed a person on an aircraft not to smoke if:
(a) a permanent "no smoking" sign is displayed in the aircraft's cabin; or
(b) the pilot has switched on an illuminated "no smoking" sign in the aircraft's cabin.
(3A) A person on a Part 103 aircraft for a flight contravenes this subregulation if the person smokes on the aircraft.
(4) For the purposes of this regulation, smoking is taken to include the use of electronic cigarettes.
(5) A person commits an offence of strict liability if the person contravenes subregulation (1), (2) or (3A).