Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:5:p14
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 5 (pt 14/35)
Character Range: 2942174–2944931

of the flight;
 (d) the amount of fuel in the aeroplane's fuel tanks when the flight ends;
 (e) incidents and observations (if any) relevant to the flight.

Exceptions to completion of journey log
 (6) Subregulations (1), (2) and (4) do not apply to the operator or the pilot in command in relation to information mentioned in those subregulations if, by the time it is required to be recorded, the information is:
 (a) recorded in another document kept by the operator; or
 (b) readily available to the operator from another source.
Note: An example for paragraph (a) is an operational flight plan kept by the operator for the flight.
 (7) Subregulation (2) does not apply to the operator or the pilot in command in relation to information mentioned in that subregulation if:
 (a) the flight is a medical transport operation; and
 (b) the information is not recorded in the journey log before the flight begins because of the urgent nature of the medical transport operation; and
 (c) the pilot in command is satisfied, when the flight begins, that the failure to record the information in the journey log before the flight begins will not affect the safety of the aeroplane; and
 (d) the information is recorded in the journey log as soon as practicable after the flight ends.

Offence
 (8) A person commits an offence of strict liability if the person contravenes subregulation (1), (2) or (4).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (6) or (7): see subsection 13.3(3) of the Criminal Code.

135.090  Passenger lists
 (1) The operator of an aeroplane for a flight that is a passenger transport operation contravenes this subregulation if, when the flight begins, the operator has not prepared a passenger list for the flight that contains the information mentioned in subregulation (2).
 (2) The information is the following:
 (a) the aeroplane's registration mark or flight number;
 (b) the name of each passenger;
 (c) the places of departure and destination for each passenger;
 (d) the number of infants carried;
 (e) the date, and estimated time of departure, of the flight.
 (3) Subregulation (1) does not apply to the operator in relation to information mentioned in that subregulation if, by the time it is required to be recorded, the information is:
 (a) recorded in another document kept by the operator; or
 (b) readily available to the operator from another source.
 (4) 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 (3): see subsection 13.3(3) of the Criminal Code.

135.095  Flight preparation forms