Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.220

Actions and directions by operator or pilot in command

  (1)   The operator or pilot in command of an aircraft for a flight may do a thing mentioned in subregulation   (2) if the operator or pilot in command believes it is necessary for the safety of:

  (a)   the aircraft; or

  (b)   a person on the aircraft; or

  (c)   a person or property on the ground or water.

  (2)   The things are as follows:

  (a)   direct a person to do something while the person is on the aircraft;

  (b)   direct a person not to do something, or to limit the doing of something, while the person is on the aircraft;

  (c)   direct a person to leave the aircraft before the flight begins;

  (d)   with such assistance and by the use of such force as is reasonable and necessary:

  (i)   remove a person or a thing from the aircraft before the flight begins; or

  (ii)   restrain a person for the duration of the flight or part of the flight; or

  (iii)   seize a thing on the aircraft for the duration of the flight or part of the flight; or

  (iv)   place a person on the aircraft in custody; or

  (v)   detain a person or a thing, until the person or thing can be released into the control of an appropriate authority.

Note:   Under regulation   91.225, crew members of an aircraft have a limited power of arrest.

  (3)   A person on an aircraft contravenes this subregulation   if:

  (a)   the operator or pilot in command of the aircraft gives the person a direction mentioned in paragraph   (2)(a), (b) or (c); and

  (b)   the person does not comply with the direction.

  (4)   A person commits an offence of strict liability if the person contravenes subregulation   (3).

Penalty:   50 penalty units.



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