Lukas,
Couple of things to point out.
1. If the Captain chooses to let someone use an electronic device, then there is no breach of the Civil Aviation Regulations is there? Unless Oliver had permission (I highly doubt it), then he's in breach of the CAR's.
2. Oliver can operate his phone (in flight mode) when instructed by the crew, just like he shouldn't be operating his phone when instructed by the crew.
3. There are very very few Australian airline cockpits, in the take off and landing phases, in amongst all those photo's you've referred to me. Saying something isn't it?
My point still stands, Oliver has breached a regulation by not conforming to what the crew (in effect the PIC) has instructed him to do.
Paul
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