Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.565

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

  (a)   a passenger is not given a safety briefing and instructions in accordance with the requirements prescribed by the Part   91 Manual of Standards for the purposes of this paragraph; and

  (b)   the aircraft takes off for the flight.

Note:   This regulation does not apply to the operation of an aircraft if regulation   121.285, 133.240 or 135.280 applies to the operation: see regulation   91.035.

  (2)   Subregulation (1) does not apply if:

  (a)   the passenger has been previously carried on the aircraft; and

  (b)   the passenger has previously been given a safety briefing and instructions in accordance with this regulation; and

  (c)   in the circumstances it is not reasonably necessary to give the same safety briefing and instructions.

  (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 .