Document ID: chunk:federal_register_of_legislation:F2024C01007:reg:37
Version: federal_register_of_legislation:F2024C01007
Segment Type: reg
Provision Reference: reg 37
Character Range: 42079–43333

37  Smoking on an aircraft
 (1) A person commits an offence if:
 (a) the person smokes on board an aircraft; and
 (b) the aircraft is engaged in:
 (i) the carriage of passengers between airports in Australian territory as part of an air transport service; or
 (ii) Australian international carriage (other than the carriage of freight only) as part of an air transport service.
Penalty: 25 penalty units.
 (2) A person commits an offence if:
 (a) the person is the operator of an aircraft; and
 (b) the aircraft is engaged in:
 (i) the carriage of passengers between airports in Australian territory as part of an air transport service; or
 (ii) Australian international carriage (other than the carriage of freight only) as part of an air transport service; and
 (c) a notice that meets the requirements in subsection (3) is not displayed in a conspicuous place in the aircraft.
Penalty: 50 penalty units.
 (3) A notice meets the requirements in this subsection if the notice:
 (a) indicates that smoking is prohibited at all times; and
 (b) is legible.
 (4) It is not a defence to a prosecution for an offence against subsection (1) that a notice that meets the requirements in subsection (3) was not displayed in a conspicuous place in the aircraft.