Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:3:p31
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 3 (pt 31/67)
Character Range: 2811131–2813990

(1).
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.

132.160  Acknowledgement by passengers who are at least 18 and who can understand passenger safety briefing
 (1) The operator of a limited category aircraft contravenes this subregulation if:
 (a) the aircraft is used to conduct an adventure flight; and
 (b) a passenger for the flight is at least 18; and
 (c) the person giving the passenger the briefing mentioned in subregulation 132.155(2) reasonably believes that the passenger is able to understand the briefing; and
 (d) the requirement mentioned in subregulation (2) is not met for the passenger for the flight.
 (2) For paragraph (1)(d), the requirement is that, on the day of the flight, before the passenger is taken to the aircraft:
 (a) the passenger must be given a written copy of the briefing mentioned in subregulation 132.155(2) in a language the passenger understands; and
 (b) the passenger must sign an acknowledgement, in a language that the passenger understands, that the passenger has received and understood:
 (i) the briefing mentioned in subregulation 132.155(2); and
 (ii) the written copy of the briefing.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

132.165  Acknowledgement for passengers under 18 or who cannot understand passenger safety briefing
 (1) The operator of a limited category aircraft contravenes this subregulation if:
 (a) the aircraft is used to conduct an adventure flight; and
 (b) either or both of the following apply to a passenger for the flight:
 (i) the passenger is under 18;
 (ii) the person giving the passenger for the flight the briefing mentioned in subregulation 132.155(2) reasonably believes that the passenger will not be able to understand the briefing; and
 (c) the requirement mentioned in subregulation (2) is not met for the passenger for the flight.
 (2) For paragraph (1)(c), the requirement is that, before the passenger is taken to the aircraft:
 (a) a parent, guardian or carer of the passenger must have been given a written copy of the briefing mentioned in subregulation 132.155(2) in a language the parent, guardian or carer understands; and
 (b) the parent, guardian or carer of the passenger must have signed an acknowledgement, in a language that the parent, guardian or carer understands, that he or she has received and understood the written copy of the briefing.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

132.170  Retention of acknowledgements
 (1) The operator of a limited category aircraft contravenes this subregulation if:
 (a) the aircraft is used to conduct an adventure flight;