Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:7:p22
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 7 (pt 22/51)
Character Range: 2421535–2424347

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 the person; and
 (d) the person does not comply with the direction.
 (2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

105.115  Restrictions on aircraft occupants for descents by trainee parachutists and tandem parachutists
 (1) This regulation applies if an aircraft is being operated to facilitate a parachute descent by either or both of the following:
 (a) a trainee parachutist;
 (b) a tandem parachutist.
 (2) The pilot in command of the aircraft contravenes this subregulation if a person is carried on the aircraft and the person is not:
 (a) undertaking a parachute descent from the aircraft; or
 (b) a crew member; or
 (c) an officer, or delegate of CASA, who is on board the aircraft to carry out the officer's or delegate's duties; or
 (d) performing a duty in accordance with the exposition of a Part 105 ASAO; or
 (e) authorised by a Part 105 ASAO to be carried on the flight for training purposes.
 (3) Subregulation (2) does not apply if:
 (a) the aircraft is a manned free balloon; and
 (b) the pilot in command holds an authorisation from a Part 105 ASAO to carry the person on board the balloon.
 (4) A person commits an offence of strict liability if the person contravenes subregulation (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.
Subpart 105.G—Personnel fatigue management

105.120  Management of fatigue in relation to persons exercising certain parachute descent duties
 (1) The Part 105 Manual of Standards may prescribe requirements in relation to managing the risk of fatigue in persons who exercise a duty in relation to the operation of aircraft being operated to facilitate parachute descents.
 (2) A person contravenes this subregulation if:
 (a) the person is subject to a requirement mentioned in subregulation (1); and
 (b) the person does not comply with the requirement.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.
Subpart 105.J—Weight and balance

105.125  Loading of aircraft used for parachute descents
 (1) The Part 105 Manual of Standards may prescribe requirements in relation to the loading of aircraft being operated to facilitate a parachute descent.
 (2) Without limiting subregulation (1), the Part 105 Manual of Standards may prescribe requirements relating to one or more of the following:
 (a) aircraft loading procedures that must be