Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p68
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 68/133)
Character Range: 232766–235583

departing aircraft is not matched to:
 (a) a passenger who is on board the departing aircraft; or
 (b) a passenger who was properly checked in for a flight of an aircraft that has departed; or
 (c) a passenger who does not re‑board, or remain on board, the departing aircraft following diversion of the flight of the aircraft from its scheduled destination to an alternative destination in a circumstance specified in regulation 4.21A; or
 (d) a passenger who is not on board the departing aircraft in the circumstances specified in regulation 4.21B.
Penalty: 50 penalty units.
 (7) The operator of a prescribed air service commits an offence if, before an aircraft that is operating the prescribed air service departs, every item of checked baggage that cannot be matched to a passenger in accordance with subregulation (6) is not removed from the aircraft.
Penalty: 50 penalty units.

4.21A  Circumstances relating to diversion of flights
 (1) For paragraph 4.21(6)(c), each of the following paragraphs specifies a circumstance for the diversion of a flight of an aircraft from its scheduled destination to an alternative destination:
 (a) the pilot in command of the aircraft was required to divert the aircraft because of:
 (i) the meteorological conditions at the scheduled destination or on the way to the scheduled destination; or
 (ii) an emergency or other event at the scheduled destination that made the scheduled destination unsuitable for landing of the aircraft; or
 (iii) curfew restrictions at the scheduled destination; or
 (iv) concerns about the aircraft's remaining fuel supply; or
 (v) a malfunction of the aircraft, or aircraft equipment; or
 (vi) an instruction or direction given by air traffic control, CASA or the Secretary;
 (b) all of the following apply:
 (i) the pilot in command of the aircraft diverted the aircraft to the alternative destination for a reason not mentioned in paragraph (a);
 (ii) an item of checked baggage on board the aircraft is matched to a passenger who does not re‑board, or remain on board, the aircraft following the diversion;
 (iii) before the aircraft departs from the alternative destination, the Secretary gives an approval for the item of checked baggage to remain on board the aircraft when it departs from the alternative destination;
 (c) all of the following apply:
 (i) the pilot in command of the aircraft diverted the aircraft to the alternative destination for a reason not mentioned in paragraph (a);
 (ii) an item of checked baggage on board the aircraft is matched to a passenger who does not re‑board, or remain on board, the aircraft following the diversion;
 (iii) the alternative destination does not have appropriate equipment for unloading that kind of aircraft.
 (2) The Secretary may give an approval under subparagraph (1)(b)(iii) if