Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:7:p17
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 7 (pt 17/51)
Character Range: 2408565–2411469

(2): see subsection 13.3(3) of the Criminal Code.

Defective reserve parachute
 (5) For the purposes of this regulation, a defective reserve parachute means a reserve parachute:
 (a) that is covered by a report under regulation 105.045 or 105.050; or
 (b) that is covered by an airworthiness directive; or
 (c) whose assembly does not meet a requirement prescribed by the Part 105 Manual of Standards for the purposes of paragraph 105.055(3)(a); or
 (d) for which the manufacturer of the parachute has issued a notice stating that action must be taken in relation to the parachute to ensure the safety of air navigation and that action has not been taken.

Defective emergency parachute
 (6) For the purposes of this regulation, a defective emergency parachute means an emergency parachute:
 (a) that is covered by a report under regulation 105.045; or
 (b) that is covered by an airworthiness directive; or
 (c) that does not meet a requirement prescribed by the Part 105 Manual of Standards for the purposes of paragraph 105.055(5)(a); or
 (d) for which the manufacturer of the parachute has issued a notice stating that action must be taken in relation to the parachute to ensure the safety of air navigation and that action has not been taken.

Division 105.C.6—Miscellaneous requirements

105.065  Requirements for undertaking parachuting activities

Parachuting activity must be authorised
 (1) A person contravenes this subregulation if the person:
 (a) undertakes a parachuting activity; and
 (b) does not hold an authorisation from a Part 105 ASAO authorising the person to undertake the activity.

Parachuting activity must be undertaken in accordance with authorisation
 (2) A person contravenes this subregulation if the person:
 (a) undertakes a parachuting activity; and
 (b) holds an authorisation from a Part 105 ASAO authorising the person to undertake the activity; and
 (c) undertakes the activity in a way that contravenes the authorisation.

Offence
 (3) A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).
Penalty: 50 penalty units.

105.070  Additional obligations applying to parachute operators
 (1) A parachute operator must take reasonable steps to ensure that each person employed or otherwise engaged by the operator to provide services or equipment for undertaking parachute descents:
 (a)  is aware of the obligations imposed on persons under this Part; and
 (b) complies with any written procedures of the operator relating to the safe provision of those services or that equipment.
 (2) A parachute operator must take reasonable steps to ensure that a person to whom the operator provides services or equipment for undertaking parachute descents:
 (a)  is aware of the obligations imposed on the person under this Part; and
 (b) complies with any written procedures of the operator relating to the safe conduct of parachute