Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:17:p12
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 17 (pt 12/23)
Character Range: 1808104–1810914

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.

91.225  Crew members—power of arrest
 (1) A crew member of an aircraft for a flight may, without warrant, arrest a person on the aircraft if:
 (a) the crew member believes, on reasonable grounds, that the person is committing, is attempting to commit, is about to commit, has committed or has attempted to commit, an offence against the Act or these Regulations in relation to the aircraft; and
 (b) the purpose of the arrest is to ensure the safety of the aircraft or of its passengers, crew or cargo or otherwise for the purposes of the Act or these Regulations; and
 (c) if the crew member is not the pilot in command of the aircraft—the pilot in command has authorised the crew member to arrest the person without warrant.
 (2) The pilot in command of the aircraft must ensure that, as soon as practicable after the end of the flight, a person arrested under subregulation (1) is delivered into the custody of:
 (a) if the flight ends in Australia—a constable; or
 (b) if the flight ends in a foreign country—a person in that country who is equivalent to a constable.
Note: See also sections 3ZC (use of force in making arrest) and 3ZD (persons to be informed of grounds of arrest) of the Crimes Act 1914.

Division 91.D.2—Flight preparation

91.230  Flight preparation (weather assessments) requirements
 (1) The Part 91 Manual of Standards may prescribe requirements relating to flight preparation and weather assessments (the flight preparation (weather assessments) requirements).
 (2) The pilot in command of an aircraft for a flight contravenes this subregulation if a flight preparation (weather assessments) requirement is not met for the flight.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.

91.235  Flight preparation (alternate aerodromes) requirements
 (1) The Part 91 Manual of Standards may prescribe requirements relating to flight preparation and alternate aerodromes (the flight preparation (alternate aerodromes) requirements).
 (2) The pilot in command of an aircraft for a flight contravenes this subregulation if a flight preparation (alternate aerodromes) requirement is not met for the flight.
Note: This regulation does not apply to the operation of an aircraft if regulation 121.170 applies to the operation: see regulation 91.035.
 (3) A person commits an offence of strict