Commonwealth Numbered Regulations

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AIR NAVIGATION REGULATION 2016 (F2016L00398) - REG 37

Smoking on an aircraft

             (1)  A person commits an offence if:

                     (a)  the person smokes on board an aircraft; and

                     (b)  the aircraft is engaged in:

                              (i)  the carriage of passengers between airports in Australian territory as part of an air transport service; or

                             (ii)  Australian international carriage (other than the carriage of freight only) as part of an air transport service.

Penalty:  25 penalty units.

             (2)  A person commits an offence if:

                     (a)  the person is the operator of an aircraft; and

                     (b)  the aircraft is engaged in:

                              (i)  the carriage of passengers between airports in Australian territory as part of an air transport service; or

                             (ii)  Australian international carriage (other than the carriage of freight only) as part of an air transport service; and

                     (c)  a notice that meets the requirements in subsection (3) is not displayed in a conspicuous place in the aircraft.

Penalty:  50 penalty units.

             (3)  A notice meets the requirements in this subsection if the notice:

                     (a)  indicates that smoking is prohibited at all times; and

                     (b)  is legible.

             (4)  It is not a defence to a prosecution for an offence against subsection (1) that a notice that meets the requirements in subsection (3) was not displayed in a conspicuous place in the aircraft.



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