Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:17:p7
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 17 (pt 7/23)
Character Range: 1795913–1798681

aircraft within the meaning of the Aviation Transport Security Act 2004; and
 (c) neither the operator nor the pilot in command of the aircraft has consented to the person carrying or otherwise possessing the firearm on the aircraft.
 (2) Subregulation (1) does not apply if the person is authorised (however described) under another provision of these Regulations or another law of the Commonwealth to carry or otherwise possess the firearm on the aircraft.
Note 1: For other provisions of these Regulations that deal with firearms and aircraft, see Part 138.
Note 2: For other laws of the Commonwealth that deal with firearms and aircraft, see:
(a) Division 3 of Part 4 of the Aviation Transport Security Act 2004; and
(b) section 23 of the Crimes (Aviation) Act 1991.
 (3) 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 (2): see subsection 13.3(3) of the Criminal Code.

91.165  Discharging firearm on aircraft
 (1) A person contravenes this subregulation if the person discharges a firearm while on an aircraft.
 (2) Subregulation (1) does not apply if the person is authorised (however described) under another provision of these Regulations or another law of the Commonwealth to discharge the firearm on the aircraft.
Note 1: For other provisions of these Regulations that deal with firearms and aircraft, see Part 138.
Note 2: For other laws of the Commonwealth that deal with firearms and aircraft, see:
(a) Division 3 of Part 4 of the Aviation Transport Security Act 2004; and
(b) section 23 of the Crimes (Aviation) Act 1991.
 (3) 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 (2): see subsection 13.3(3) of the Criminal Code.

Division 91.C.8—Portable electronic devices

91.170  Operation of portable electronic devices
 (1) The pilot in command of an aircraft for a flight contravenes this subregulation if:
 (a) the pilot in command permits a person to operate a portable electronic device during the flight; and
 (b) the pilot in command does not determine that the operation of the device during the flight will not affect the safety of the aircraft.
 (2) A person on an aircraft for a flight contravenes this subregulation if:
 (a) during the flight, the person operates a portable electronic device; and
 (b) the person has been directed by the pilot in command, or instructed by a cabin crew member, not to operate the portable electronic device during the flight.
 (3) A person commits an offence of strict liability if the