(1) A crew member (other than a flight crew member) for a flight of an aircraft contravenes this subregulation if, during take-off, landing or any other period that the pilot in command directs, the crew member is not:
(a) occupying the crew member's crew station; and
(b) wearing, securely fastened, the seatbelts and shoulder harnesses provided at that station.
Note: This regulation does not apply to the operation of an aircraft if regulation 138.375 applies to the operation: see regulation 91.035.
(2) Subregulation (1) does not apply if:
(a) a direction is given by the pilot in command during turbulence; and
(b) the crew member occupies a seat other than the crew member's crew station; and
(c) the crew member is wearing, securely fastened, the seatbelts and shoulder harnesses provided at that seat.
(3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (2): see subsection 13.3(3) of the Criminal Code .