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pharmaceutical or medicinal preparation or other substance, his or her
capacity so to act is impaired.
Penalty: 50 penalty units.
(6) A person shall not act in any capacity in either air traffic control or
Flight Service if the person has, during the period of 8 hours
immediately preceding the commencement of the period of duty in
which he or she so acts, consumed any alcoholic liquor.
Penalty: 50 penalty units.
(7) A person who is on duty in either air traffic control or Flight Service
shall not consume any alcoholic liquor.
Penalty for a contravention of this subregulation: 50 penalty units.
Civil Aviation Regulations 1988 403
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(8) An offence against subregulation (1), (2), (3), (4), (5), (6) or (7) is an
offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
256AA Offensive and disorderly behaviour
(1) A person in an aircraft must not behave in an offensive and disorderly
manner.
Penalty: 50 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
256A Carriage of animals
(1) Subject to subregulation (8), the operator of an aircraft may permit a
live animal to be in the aircraft only if:
(a) the animal is in a container and is carried in accordance with this
regulation; or
(b) the animal is carried with the written permission of CASA and in
accordance with any conditions specified in the permission.
Penalty: 25 penalty units.
(1A) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(2) Subregulation (1) does not apply to a dog accompanying a visually
impaired or hearing impaired person as a guide or an assistant if the
dog is:
(a) carried in the passenger cabin of the aircraft; and
(b) placed on a moisture-absorbent mat as near to the person as
practicable; and
(c) restrained in a way that will prevent the dog from moving from
the mat.
(3) More than one animal must not be kept in the same container if doing
so would be likely to affect adversely the safety of the aircraft.
(4) A container must be so constructed that:
(a) an animal kept in the container cannot escape from the container;
and
(b) any water or excreta in the container is not likely to escape from
the container in normal flying conditions; and
(c) the container will withstand being damaged in a way that may
allow an animal, or water or excreta, in the container to escape.
(5) A container in which an animal is kept must not be in the passenger
cabin of an aircraft.
(6) If:
(a) an animal is carried in an aircraft in a container; and
404 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(b) if the animal is not restrained it could move around inside the
container in a way that may alter the distribution of the load of
the aircraft; and
(c) the safety of the aircraft may be affected adversely by that
movement;
the animal must be restrained in the container to prevent that
movement.
(7) The means of restraint must be strong enough to withstand being
damaged in a way that may allow the animal to escape.
(8) An animal must not be carried on an aircraft if carrying the animal
would be likely to affect a person on the aircraft in a way that may
affect adversely the safety of the aircraft.
(9) In this regulation, animal means any member of the animal kingdom
other than man.
257 Aerodrome meteorological minima
(1) CASA may, in respect of an aircraft operation, determine the
meteorological minima for the landing or taking-off of an aircraft at an
aerodrome.
(2) A determination under subregulation (1) must be published in AIP or
NOTAMS.
(3) If an element of the meteorological minima for the take-off of an
aircraft at an aerodrome is less than that determined for the aircraft
operation at the aerodrome, the aircraft must not take-off from that
aerodrome.
Penalty: 50 penalty units.
(4) If an element of the meteorological minima for the landing of an
aircraft at an aerodrome is less than that determined for the aircraft
operation at the aerodrome, the aircraft must not land at that
aerodrome.
Penalty: 50 penalty units.
(4A) An offence against subregulation (3) or (4) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
Civil Aviation Regulations 1988 405
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