AIR NAVIGATION REGULATION 2016 - REG 37 Smoking on an aircraft

AIR NAVIGATION REGULATION 2016 - REG 37

  (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 th e 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 ai rcraft ; 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 display ed 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.