Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:3:p25
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 3 (pt 25/67)
Character Range: 2795372–2798094

A defendant bears an evidential burden in relation to the matters in subregulation (5): see subsection 13.3(3) of the Criminal Code.

132.070  Content of safety briefing for flights other than adventure flights
 (1) For paragraph 132.065(4)(a), the briefing must include the following:
 (a) statements to the effect that:
 (i) the design, manufacture and airworthiness of the aircraft are not required to meet any standard recognised by CASA; and
 (ii) the aircraft is not required by CASA to be operated to the same safety standards as an aircraft used for air transport operations; and
 (iii) travel in the aircraft is done at the passenger's own risk;
 (b) if subregulation (2) applies to the aircraft—a statement of how the subregulation applies to the aircraft.
 (2) For paragraph (1)(b), this subregulation applies to the aircraft if:
 (a) the aircraft has reached its approved airframe life; or
 (b) a safety‑critical aeronautical product fitted to the aircraft has reached its life limit; or
 (c) the aircraft has a major modification or repair that is not approved for the purposes of regulation 132.030.

132.075  Flights over populous areas
 (1) The operator and the pilot in command of a limited category aircraft each contravene this subregulation if:
 (a) the aircraft is flown over a populous area; and
 (b) the flight is not permitted by this regulation.
 (2) A limited category aircraft for which there is no permit index number is not permitted to be flown over a populous area.
 (3) A limited category aircraft with a permit index number of 0 may be flown over a populous area.
 (4) A limited category aircraft with a permit index number of 1 may be flown over a populous area only:
 (a) in accordance with an approval, held by the operator of the aircraft, granted by the administering authority for the aircraft under regulation 132.035 for this paragraph; or
 (b) for the purpose of taking off from, or landing at, a landing area other than a landing area prescribed as an unsuitable landing area for this paragraph by the Part 132 Manual of Standards.
 (5) In deciding whether to grant an approval mentioned in paragraph (4)(a), the administering authority must take into account:
 (a) the aircraft's permit index number; and
 (b) anything else relevant to the safety of other airspace users or persons on the ground or water.
 (6) A limited category aircraft with a permit index number of 2 may be flown over a populous area only in accordance with an approval, held by the operator of the aircraft, granted by CASA under regulation 132.035 for this subregulation.
 (7) In deciding whether to grant an approval mentioned in subregulation (6), CASA must take into account:
 (a) the aircraft's permit