CIVIL AVIATION REGULATIONS 1988 - REG 256
Intoxicated persons not to act as pilots etc or be carried on aircraft
(1) A person shall not, while in a state of intoxication, enter any aircraft.
Penalty: 5 penalty units.
(2) A person acting as a member of the operating crew of an aircraft, or carried in the aircraft to act as a member of the operating crew, shall not, while so acting or carried, be in a state in which, by reason of his or her having consumed, used, or absorbed any alcoholic liquor, drug, pharmaceutical or medicinal preparation or other substance, his or her capacity so to act is impaired.
Penalty: 50 penalty units.
(3) A person shall not act as, or perform any duties or functions preparatory to acting as, a member of the operating crew of an aircraft if the person has, during the period of 8 hours immediately preceding the departure of the aircraft consumed any alcoholic liquor.
Penalty: 50 penalty units.
(4) A person who is on board an aircraft as a member of the operating crew, or as a person carried in the aircraft for the purpose of acting as a member of the operating crew, shall not consume any alcoholic liquor.
Penalty: 50 penalty units.
(5) A person shall not, while acting in any capacity in either air traffic control or Flight Service, be in a state in which, by reason of his or her having consumed, used, or absorbed any alcoholic liquor, drug, 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.
(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 .