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Old 30th Mar 2023, 05:03
  #216 (permalink)  
Lead Balloon
 
Join Date: Nov 2001
Location: Australia/India
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That’s the question I highlighted earlier, but of course was executed for pointing out the fact that there is a constraint on when a binding safety direction under CASR 91.575 or safety instruction under CASR 91.580 may be given. My underlining added:
91.575
Passengers—compliance with safety directions

(1) A passenger on an aircraft for a flight contravenes this subregulation if, during the flight:

(a) a direction mentioned in regulation 91.570 [to fasten seatbelts, set the seat to the upright position etc] is given to the passenger; and

(b) the person does not comply with the direction.

(2) A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty: 50 penalty units.

91.580 Passengers—compliance with safety instructions by cabin crew

(1) A cabin crew member of an aircraft may, during a flight, give an instruction to a passenger:

(a) relating to the safety of the aircraft; or

(b) relating to the safety of a person on the aircraft.

(2) A passenger on the aircraft contravenes this subregulation if:

(a) a cabin crew member gives a passenger an instruction under subregulation (1); and

(b) the passenger does not comply with the instruction.

(3) A person commits an offence of strict liability if the person contravenes subregulation (2).

Penalty: 50 penalty units.
The CA Act defines “flight” to mean, in the case of a heavier-than-air aircraft:
[T]he operation of the aircraft from the moment at which the aircraft first moves under its own power for the purpose of taking‑off until the moment at which it comes to rest after being airborne[.]
The following CASR appears not to be constrained to the duration of a flight and instead to any person on an aircraft at any time. But note that an element of the offence is that, as a result of the person’s behaviour, “the safety of the aircraft or persons on the aircraft is endangered”. Doing a seat swap so a bloke can sit next to his wife and child? Yeah nah.
91.525 Offensive or disorderly behaviour on aircraft

(1) A person on an aircraft for a flight contravenes this subregulation if:

(a) the person behaves in an offensive or disorderly manner; and

(b) as a result of that behaviour, the safety of the aircraft or persons on the aircraft is endangered.

(2) The operator or a crew member of an aircraft for a flight may refuse to allow a person to board the aircraft if there are reasonable grounds to believe that the person is likely to behave in an offensive or disorderly manner that is likely to endanger the safety of the aircraft or persons on the aircraft.

(3) Without limiting subregulation (1) or (2), a person is taken to behave in an offensive or disorderly manner if the person:

(a) assaults, intimidates or threatens another person (whether the assault, intimidation or threat is verbal or physical, and whether or not a weapon or object is used); or

(b) intentionally damages or destroys property.

(4) A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty: 50 penalty units.
I may be missing something.
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