Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.530

When smoking not permitted

  (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).

Penalty:   50 penalty units.



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