Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:3:p29
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 3 (pt 29/67)
Character Range: 2806015–2808777

briefing mentioned in subregulation 132.155(2) reasonably believes that the passenger is not able to understand the briefing; and
 (c) the passenger is not accompanied on the flight by a parent, guardian or carer.
 (2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

Division 132.C.2—Adventure flights—passenger safety briefings

132.145  Requirement for passenger safety briefing when booking
 (1) The operator of a limited category aircraft contravenes this subregulation if:
 (a) a booking for the carriage of a passenger for an adventure flight of the aircraft is taken by:
 (i) the operator or an employee or agent of the operator; or
 (ii) a booking vendor for the aircraft; and
 (b) before the booking is finalised, the person making the booking is not given a briefing that:
 (i) complies with regulation 132.150; and
 (ii) is in a language the person understands.
 (2) Subregulation (1) does not apply to the operator in relation to a booking taken by an agent of the operator or a booking vendor for the aircraft if, before the agent or vendor took the booking:
 (a) the operator, or the administering authority for the aircraft, had instructed the agent or vendor that the agent or vendor must ensure that a briefing that complies with paragraph (1)(b) is given to a person making a booking for the carriage of a passenger on an adventure flight of the aircraft before finalising the booking; and
 (b) the operator or the administering authority (as applicable) had given the agent or vendor the information that is necessary for the agent or vendor to give a briefing that complies with regulation 132.150.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (2): see subsection 13.3(3) of the Criminal Code.
 (4) For the purposes of this regulation, a person is a booking vendor for a limited category aircraft if the person takes bookings for the carriage of passengers on adventure flights for the aircraft, but is not the operator of the aircraft or an employee or agent of the operator.

132.150  Content of passenger safety briefing when booking
  For subparagraph 132.145(1)(b)(i), the briefing must include the following:
 (a) statements to the effect that:
 (i) the design, manufacture and airworthiness of the aircraft are not required to meet any standard recognised by CASA; and
 (ii) the aircraft is not required by CASA to be operated to the same safety standards as an aircraft used for air transport operations; and
 (iii) travel in the aircraft is done at the passenger's own risk; and
 (iv) a more