Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:7:p21
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 7 (pt 21/51)
Character Range: 2419047–2421775

if the person contravenes subregulation (3).
Penalty: 50 penalty units.

105.105  Restraint of persons other than flight crew members
 (1) The pilot in command of an aircraft contravenes this subregulation if:
 (a) the aircraft is being operated to facilitate a parachute descent; and
 (b) a person is carried on the aircraft who is not a flight crew member; and
 (c) the person is not provided with any of the following restraint devices:
 (i) a seatbelt;
 (ii) a shoulder harness;
 (iii) a single‑point or dual‑point restraint that is an approved restraint device.
 (2) The pilot in command of an aircraft contravenes this subregulation if:
 (a) the aircraft is being operated to facilitate a parachute descent; and
 (b) a person is carried on the aircraft who is not a flight crew member; and
 (c) the person:
 (i) is provided with a restraint device mentioned in paragraph (1)(c); but
 (ii) is not provided with instructions for the use of the device.
 (3) The pilot in command of an aircraft contravenes this subregulation if:
 (a) the aircraft is being operated to facilitate a parachute descent; and
 (b) a person is carried on the aircraft who is not a flight crew member; and
 (c) the person is provided with a restraint device mentioned in paragraph (1)(c); and
 (d) before doing any of the following, the requirement mentioned in subregulation (4) is not met:
 (i) taxiing;
 (ii) taking off;
 (iii) landing.
 (4) The requirement is that the person must be directed to fasten the person's restraint device.
 (5) The pilot in command of an aircraft contravenes this subregulation if:
 (a) the aircraft is being operated to facilitate a parachute descent; and
 (b) a person is carried on the aircraft who is not a flight crew member; and
 (c) the person is provided with a restraint device mentioned in paragraph (1)(c); and
 (d) the pilot in command has reason to believe it is necessary, for the safety of the person, that the person's restraint device is fastened; and
 (e) the pilot in command does not direct the person to fasten the person's restraint device.
 (6) A person commits an offence of strict liability if the person contravenes subregulation (1), (2), (3) or (5).
Penalty: 50 penalty units.
 (7) For the purposes of this regulation, a restraint device is an approved restraint device if it is approved by CASA under regulation 21.305.

105.110  Persons other than flight crew members—compliance with safety directions
 (1) A person contravenes this subregulation if:
 (a) a person is carried on an aircraft being operated to facilitate a parachute descent; and
 (b) the person is not a flight crew member; and
 (c) a direction mentioned in subregulation 105.105(4) or paragraph 105.105(5)(e) is given to