Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p23
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 23/76)
Character Range: 1893016–1895744

does not apply if:
 (a) the passenger has been previously carried on the aircraft; and
 (b) the passenger has previously been given a safety briefing and instructions in accordance with this regulation; and
 (c) in the circumstances it is not reasonably necessary to give the same safety briefing and instructions.
 (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.

91.570  Passengers—safety directions by pilot in command
 (1) The pilot in command of an aircraft for a flight contravenes this subregulation if, before doing a thing mentioned in subregulation (2), a passenger is not directed to do the following:
 (a) to fasten the passenger's seatbelt or shoulder harness;
 (b) if the seat back of the seat (or berth) in which the passenger is sitting is adjustable—to ensure that the seat back is in an upright position or other position permitted by the aircraft flight manual instructions for the aircraft while the aircraft is doing a thing mentioned in subregulation (2);
 (c) if there are attachments to or for the seat (including a tray table or footrest)—to stow the attachments or to position them as permitted by the aircraft flight manual instructions for the aircraft while the aircraft is doing a thing mentioned in subregulation (2).
Note: This regulation does not apply to the operation of an aircraft if regulation 105.105 applies to the operation: see regulation 91.035.
 (2) The things are the following:
 (a) taxiing;
 (b) taking off;
 (c) landing.
 (3) The pilot in command of an aircraft for a flight contravenes this subregulation if:
 (a) the pilot in command has reason to believe it is necessary, for the safety of passengers, that a passenger's seatbelt or shoulder harness is fastened; and
 (b) the pilot in command does not direct the passenger to fasten the passenger's seatbelt or shoulder harness.
 (4) For subregulations (1) and (3), a direction that seatbelts or shoulder harnesses are to be fastened may be given by the operation of an illuminated sign.
 (5) A direction mentioned in paragraph (1)(a) does not apply to a person occupying a seat (or berth) on an aircraft if:
 (a) the person's health may suffer a detriment by being restrained by a seatbelt; and
 (b) the pilot in command agrees that the person is otherwise safely restrained.
 (6) A direction mentioned in paragraph (1)(b) does not apply to a person occupying a seat (or berth) on an aircraft if:
 (a) the person is ill or incapacitated; and
 (b) the pilot in command agrees to the passenger not adjusting their