Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p15
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 15/76)
Character Range: 1873352–1876147

of the aircraft or the aircraft's fuelling equipment; or
 (ii) is designed for use during fuelling operations; or
 (iii) performs an aircraft servicing function and is safe for use within 15 m of a critical fuelling point for the fuelling of the aircraft; or
 (iv) complies with an industry standard about the safe use of equipment or electronic devices within 15 m of a critical fuelling point for the fuelling of the aircraft; or
 (b) the equipment being operated is an auxiliary power unit of the aircraft and the following requirements are met:
 (i) the operation of the auxiliary power unit starts before the person begins fuelling the aircraft;
 (ii) the aircraft flight manual instructions for the aircraft permit the auxiliary power unit to be operated during fuelling; or
 (c) the electronic device being operated:
 (i) is hazardous to the process of fuelling the aircraft only because it is designed to produce radio emissions (within the meaning of the Radiocommunications Act 1992); and
 (ii) is operated at least 6 m from each critical fuelling point for the fuelling of the aircraft; or
 (d) for a turbine‑engine aircraft—the electronic device being operated is a low‑risk electronic device and is operated in accordance with regulation 91.490.

Offence
 (4) A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (3): see subsection 13.3(3) of the Criminal Code.

91.490  Fuelling turbine‑engine aircraft—low‑risk electronic devices

Use of device inside cabin of aircraft
 (1) A person on a turbine‑engine aircraft for a flight contravenes this subregulation if:
 (a) the person operates a low‑risk electronic device inside the cabin of the aircraft while the aircraft is being fuelled; and
 (b) the pilot in command of the aircraft has not given the person permission to operate the device while the aircraft is being fuelled.
 (2) The pilot in command of a turbine‑engine aircraft for a flight contravenes this subregulation if:
 (a) the pilot in command gives permission to a person to operate a low‑risk electronic device inside the cabin of the aircraft while the aircraft is being fuelled; and
 (b) the requirement mentioned in subregulation (3) is not met.
 (3) The requirement is that, during fuelling, each cabin door within 3 m of a critical fuelling point for the fuelling of the aircraft must be closed.

Use of device outside cabin of aircraft
 (4) A person contravenes this subregulation if:
 (a) the person operates a low‑risk electronic device outside the cabin of a turbine‑engine aircraft while the aircraft is being fuelled; and
 (b) a requirement mentioned in subregulation (5) is not met.
 (5) The