Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:5:p15
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 5 (pt 15/35)
Character Range: 2944658–2947653

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 (3): see subsection 13.3(3) of the Criminal Code.

135.095  Flight preparation forms for flights that begin or end outside Australian territory
 (1) This regulation applies to a flight of an aeroplane that begins or ends at an aerodrome outside Australian territory.
 (2) The operator and the pilot in command of an aeroplane for a flight each contravene this subregulation if, when the flight begins, the pilot in command has not signed a flight preparation form certifying that the pilot in command is satisfied of the matters mentioned in subregulation (3).
 (3) The matters are the following:
 (a) the aeroplane can be operated during the flight in accordance with its configuration deviation list (if any);
 (b) the parts of the operator's exposition required to be available to the aeroplane's crew before the flight by regulation 135.060 are available;
 (c) the requirements and limitations in the operator's exposition relating to the flight can be complied with for the flight;
 (d) regulations 135.065, 135.070 and 135.075 are being complied with for the flight;
 (e) equipment required, under Subpart 135.K, to be fitted to, or carried on, the aeroplane for the flight is fitted to, or carried on, the aeroplane in accordance with that Subpart;
 (f) equipment mentioned in paragraph (e) is:
 (i) operative; or
 (ii) inoperative, and permitted to be inoperative for the flight under these Regulations;
 (g) the aeroplane's take‑off, en‑route and landing performance capabilities meet the performance requirements for the circumstances and conditions expected during the flight;
 (h) the aeroplane's weight and balance will remain within the aeroplane's weight and balance limits throughout the flight.
 (4) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.

Division 135.C.4—Reporting and recording defects and incidents etc.

135.100  Procedures for reporting and recording defects etc.
  An aeroplane operator's exposition must include procedures for the reporting and recording by a flight crew member for a flight of the aeroplane of any of the following that occur during the flight:
 (a) an abnormal instrument indication;
 (b) abnormal flight conditions;
 (c) abnormal behaviour by the aeroplane;
 (d) exceedence of an operating limit specified in the aircraft flight manual instructions for the aeroplane;
 (e) a defect in the aeroplane.

135.105  Procedures for reporting and recording incidents
  An aeroplane operator's exposition must include procedures for the reporting and recording by crew members of incidents relating to a flight of the aeroplane that endanger, or could endanger, the safe operation of the aeroplane.

Division 135.C.5—Search and rescue services and emergency and survival equipment

135.110