A flight is a non-commercial flight1 if:
(1) the only valuable consideration2 given or promised for the flight or the purpose of the flight is a contribution to the direct costs3 of the flight otherwise payable by the pilot in command4; and
(2) the following are satisfied5:
(a) no more than four persons (including the pilot) are carried6;
(b) the proportion which the contribution referred to in head (1) bears to the direct costs is not more than the proportion which the number of persons carried on the flight (excluding the pilot) bears to the number of persons carried
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