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Article 161 of the ANO
161 (1) Subject to paragraph (2), a flight shall be deemed to be a private flight if the only
valuable consideration given or promised in respect of the flight or the purpose of the
flight other than:
(a) valuable consideration specified in article 157(3)(c); or
(b) in the case of an aircraft owned in accordance with article 162(2), valuable consideration which falls within article 162(3);
is the payment of the whole or part of the direct costs otherwise payable by the pilot in command by or on behalf of the employer of the pilot in command, or by or on behalf of a body corporate of which the pilot in command is a director, provided that neither the pilot in command nor any other person who is carried is legally obliged, whether under a contract or otherwise, to be carried.
(2) If valuable consideration specified in article 157(3)(c) is given or promised, the flight shall for the purposes of Part 3 of this Order other than articles 19(2) and 20(2)) be deemed to be for the purpose of public transport.