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Old 30th Mar 2023, 06:28
  #218 (permalink)  
Lead Balloon
 
Join Date: Nov 2001
Location: Australia/India
Posts: 5,296
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Yes, and CASR 91.220 gives the operator and PIC, but not CC, powers that apply before and after the "flight" as defined in the CA Act:
91.220 Actions and directions by operator or pilot in command

(1) The operator or pilot in command of an aircraft for a flight may do a thing mentioned in subregulation (2) if the operator or pilot in command believes it is necessary for the safety of:

(a) the aircraft; or

(b) a person on the aircraft; or

(c) a person or property on the ground or water.

(2) The things are as follows:

(a) direct a person to do something while the person is on the aircraft;

(b) direct a person not to do something, or to limit the doing of something, while the person is on the aircraft;

(c) direct a person to leave the aircraft before the flight begins;

(d) with such assistance and by the use of such force as is reasonable and necessary:

(i) remove a person or a thing from the aircraft before the flight begins; or

(ii) restrain a person for the duration of the flight or part of the flight; or

(iii) seize a thing on the aircraft for the duration of the flight or part of the flight; or

(iv) place a person on the aircraft in custody; or

(v) detain a person or a thing, until the person or thing can be released into the control of an appropriate authority.

Note: Under regulation 91.225, crew members of an aircraft have a limited power of arrest.

(3) A person on an aircraft contravenes this subregulation if:

(a) the operator or pilot in command of the aircraft gives the person a direction mentioned in paragraph (2)(a), (b) or (c); and

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

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

Penalty: 50 penalty units.
Was making old mate 'unswap' necessary for the safety of the aircraft, a person on the aircraft or a person or property on the ground or water?
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