25Smoking in aircraft

25 Smoking in aircraft (1) A person shall not smoke anywhere in a prescribed aircraft. Penalty: $500. (2) The operator of a prescribed aircraft shall ensure that provision is made in the aircraft whereby a notice indicating that smoking is prohibited is displayed at all times while passengers are on board. Penalty: $2,500. (3) A failure by the operator of a prescribed aircraft to comply with the requirements of subregulation (2) does not affect the operation of subregulation (1) in relation to any person on board that aircraft. (4) Subregulations (1), (2) and (3) apply in relation to air navigation generally. (5) The notice required by subregulation (2) must be: (a) legible; and (b) displayed in a conspicuous place in the aircraft. (6) In this regulation: > Australian international carriage has the meaning given by subsection 27 (2) of the Act. > open‑use charter aircraft means an aircraft that is engaged in a charter operation, except: (a) an aircraft that is engaged in an operation for the purpose of a service described in paragraph (c) of the definition of charter operation in subsection 3 (1) of the Act; or (b) an aircraft that is chartered for the purpose of an operation for which tickets are not available for purchase by the general public. > prescribed aircraft means an aircraft that: (a) is a regular public transport aircraft, or an open‑use charter aircraft; and (b) is engaged in: (i) the carriage of passengers between airports in Australian territory; or (ii) Australian international carriage (except the carriage of freight only).