Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) Subject to subregulation (1A), a person must not smoke:
(a) in a part of an aircraft in which a notice is permanently displayed indicating that smoking is prohibited at all times or without specifying a period during which smoking is prohibited;
(b) anywhere in an aircraft during take‑off, landing or refuelling or during a period:
(i) in which a notice is temporarily displayed indicating that smoking is prohibited; or
(ii) which is specified in a permanently displayed notice as a period during which smoking is prohibited; or
(c) in a berth of a sleeper aircraft.
Penalty: 5 penalty units.
(1A) A person must not smoke in an aircraft toilet.
Penalty: 50 penalty units.
(2) The owner or operator of an aircraft and the pilot in command shall ensure:
(a) that provision is made in the aircraft by which a notice indicating that smoking is prohibited may be displayed during the periods when smoking is prohibited or, where the permission of CASA has been obtained, that a notice is permanently displayed in the aircraft specifying the periods during which smoking is prohibited; and
(b) that a notice indicating that smoking is prohibited at all times or without specifying a period during which smoking is prohibited is displayed:
(i) in such parts of the aircraft as are specified for the purpose in the aircraft's certificate of airworthiness or flight manual; and
(ii) in the case of a sleeper aircraft, in each of the berths of the aircraft.
Penalty: 25 penalty units.
(3) The pilot in command of an aircraft must, if the permission of CASA has not been obtained under paragraph (2) (a) for the display of a permanent notice, ensure that the notice indicating that smoking is prohibited is displayed:
(a) during take‑off, landing and refuelling;
(b) during such periods as are specified for the purpose in the aircraft's certificate of airworthiness or flight manual; and
(c) during a period in which the pilot considers that smoking should be prohibited in the interests of safety.
Penalty: 25 penalty units.
(3A) An offence against subregulation (1), (1A), (2) or (3) is an offence of strict liability.
Note For strict liability , see section 6.1 of the Criminal Code .
(4) A notice required to be displayed in pursuance of this regulation shall be legible and shall be displayed in a conspicuous place.