Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:7:p16
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 7 (pt 16/51)
Character Range: 2405807–2408820

(ii) the manufacturer of the reserve parachute;
 (iii) all other Part 105 ASAOs.
 (5) A person commits an offence if the person contravenes subregulation (2) or (4).
Penalty: 50 penalty units.

Division 105.C.5—Search and rescue services and emergency and survival equipment

105.055  Reserve parachute and emergency parachute equipment requirements

Reserve parachutes
 (1) A person contravenes this subregulation if:
 (a) the person undertakes a parachute descent; and
 (b) the person is not equipped with a reserve parachute that meets the requirements in subregulation (3).
 (2) A person contravenes this subregulation if:
 (a) the person provides a reserve parachute to another person for the purposes of the other person undertaking a parachute descent; and
 (b) the reserve parachute does not meet the requirements in subregulation (3).
 (3) The requirements are as follows:
 (a) the reserve parachute assembly must meet the requirements prescribed by the Part 105 Manual of Standards;
 (b) the reserve parachute assembly must have been maintained in accordance with the requirements prescribed by the Part 105 Manual of Standards.

Emergency parachutes
 (4) A person contravenes this subregulation if:
 (a) the person provides an emergency parachute to another person for carriage on board an aircraft prescribed by the Part 105 Manual of Standards; and
 (b) the emergency parachute does not meet the requirements in subregulation (5).
 (5) The requirements are as follows:
 (a) the emergency parachute must meet the requirements prescribed by the Part 105 Manual of Standards;
 (b) the emergency parachute must have been maintained in accordance with the requirements prescribed by the Part 105 Manual of Standards.

Offence
 (6) A person commits an offence of strict liability if the person contravenes subregulation (1), (2) or (4).
Penalty: 50 penalty units.

105.060  Defective reserve parachutes and defective emergency parachutes

Defective reserve parachutes
 (1) A person contravenes this subregulation if:
 (a) the person undertakes a parachute descent; and
 (b) the person is equipped with a defective reserve parachute.
 (2) Subregulation (1) does not apply if the person is a tandem parachutist or a trainee parachutist.

Defective reserve parachutes and defective emergency parachutes
 (3) A person contravenes this subregulation if the person provides a defective reserve parachute or a defective emergency parachute to another person for the purposes of the other person undertaking a parachute descent.

Offence
 (4) A person commits an offence of strict liability if the person contravenes subregulation (1) or (3).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (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)