Federal Register of Legislation - Australian Government

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Civil Aviation Safety Regulations 1998

Authoritative Version
  • - F2017C00164
  • In force - Superseded Version
  • View Series
SR 1998 No. 237 Regulations as amended, taking into account amendments up to Corporations and Other Legislation Amendment (Insolvency Law Reform) Regulation 2016
Principal Regulations
Administered by: Infrastructure and Regional Development
Registered 03 Mar 2017
Start Date 01 Mar 2017
End Date 20 Jun 2017
Table of contents.

Civil Aviation Safety Regulations 1998

Statutory Rules No. 237, 1998

made under the

Civil Aviation Act 1988

Compilation No. 75

Compilation date:                              1 March 2017

Includes amendments up to:            F2016L01926

Registered:                                         3 March 2017

This compilation is in 5 volumes

Volume 1:       regulations 1.001–42.1105

Volume 2:       regulations 45.005–92.205

Volume 3:       regulations 99.005–137.300

Volume 4:       regulations 139.005–175.500

Volume 5:       regulations 200.001–202.900

                        Dictionary and Endnotes

Each volume has its own contents

 

About this compilation

This compilation

This is a compilation of the Civil Aviation Safety Regulations 1998 that shows the text of the law as amended and in force on 1 March 2017 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 99—Drug and alcohol management plans and testing                         1

99.005................... Purposes of Part................................................................. 6

Subpart 99.A—General                                                                                                     7

99.010................... Definitions for Part 99........................................................ 7

99.015................... SSAAs to which this Part applies..................................... 13

99.020................... Substantial compliance with requirements of Part required 14

Subpart 99.B—Drug and alcohol management plans                                   16

Division 99.B.1—Purposes of Subpart                                                              16

99.025................... Purposes of Subpart......................................................... 16

Division 99.B.2—Persons required to have a DAMP                                17

99.030................... Who must develop and maintain a DAMP....................... 17

99.035................... DAMP must be implemented........................................... 18

99.040................... DAMP must be made available to SSAA employees....... 18

Division 99.B.3—Content and implementation of DAMP                       19

Subdivision 99.B.3.1Content of DAMP                                                           19

99.045................... Content of DAMP............................................................ 19

Subdivision 99.B.3.2—Drug and alcohol testing program                            19

99.050................... Requirements for drug and alcohol testing........................ 19

99.055................... Requirements relating to DAMP medical review officer.. 20

99.060................... Requirements relating to use of testing devices................. 20

Subdivision 99.B.3.3Drug and alcohol response program                        21

99.065................... Requirements relating to SSAA employees ceasing SSAAs 21

99.070................... Requirements relating to returning to SSAAs................... 22

99.075................... Requirements relating to intervention programs................ 22

Subdivision 99.B.3.4Implementing a DAMP                                                 23

99.080................... Implementing a DAMP.................................................... 23

Division 99.B.4—Review and audit of DAMP                                               24

99.085................... Review of DAMP by DAMP organisation...................... 24

99.090................... Audit of DAMP organisation by CASA.......................... 24

99.095................... CASA may direct changes to DAMP............................... 24

Division 99.B.5—Provision of Information                                                    26

99.100................... DAMP organisation or DAMP contractor to provide information          26

99.105................... DAMP record‑keeping..................................................... 27

Subpart 99.C—Drug and alcohol testing by CASA                                       28

Division 99.C.1—Preliminary                                                                                28

99.110................... Purposes of Subpart......................................................... 28

Subdivision 99.C.1.1Who may be drug or alcohol tested                           28

99.115................... Who may be drug or alcohol tested................................... 28

99.120................... Body samples may only be taken if person consents........ 28

Subdivision 99.C.1.2Powers of approved testers                                          28

99.125................... Powers of approved testers............................................... 28

Subdivision 99.C.1.3CASA to approve testing devices                                29

99.130................... Approved drug and alcohol testing devices...................... 29

Division 99.C.2—Drug testing                                                                               30

Subdivision 99.C.2.1General                                                                             30

99.135................... Which body samples may be drug tested.......................... 30

99.140................... How samples are taken and tested.................................... 30

99.145................... Approved drug testing devices to be used for initial drug tests                30

99.150................... Method for determining sample identifiers....................... 30

Subdivision 99.C.2.2Initial drug tests                                                              30

99.155................... Taking samples................................................................. 30

99.160................... Initial drug test.................................................................. 31

99.165................... If initial drug test result is not positive.............................. 31

99.170................... If initial drug test result is positive.................................... 31

99.175................... Notices of initial drug test................................................. 32

99.180................... Dealing with samples for confirmatory drug test.............. 33

99.185................... Transporting samples........................................................ 33

Subdivision 99.C.2.3Receipt and storage of samples by approved laboratories        34

99.190................... Receipt of samples............................................................ 34

99.195................... Storage of samples............................................................ 34

Subdivision 99.C.2.4Conduct of drug tests by approved laboratories    35

99.200................... Testing Sample A............................................................. 35

99.205................... Samples to be tested in accordance with National Association of Testing Authorities’ accreditation...................................................................... 35

99.210................... Notices of Sample A results............................................. 36

99.215................... Donor may request testing of Sample B........................... 37

99.220................... Approved laboratory to keep Sample B............................ 38

99.225................... Notices of Sample B results.............................................. 38

99.230................... Test results........................................................................ 39

Subdivision 99.C.2.5Record‑keeping                                                               39

99.235................... Approved laboratory to keep records................................ 39

Division 99.C.3—Alcohol testing                                                                          41

99.240................... Which body samples may be alcohol tested...................... 41

99.245................... How samples are taken and tested.................................... 41

99.250................... Approved breathalysers to be used in alcohol tests........... 41

99.255................... Alcohol tests..................................................................... 41

99.260................... Test results........................................................................ 41

99.265................... Notice of alcohol test........................................................ 42

Subpart 99.D—Evidentiary certificates and prescribed proceedings  43

Division 99.D.1—Purposes of Subpart                                                              43

99.275................... Purposes of Subpart......................................................... 43

Division 99.D.2—Evidentiary certificates                                                       44

99.280................... Certificates by approved tester.......................................... 44

99.285................... Certificates by approved laboratory.................................. 45

99.290................... Document taken to be a certificate unless contrary intention established  46

99.295................... Certificate not to be admitted unless copy given............... 46

99.300................... Person signing the certificate may be called to give evidence 46

99.305................... Rebuttal evidence.............................................................. 46

99.310................... CASA may ask for full certificate..................................... 47

Division 99.D.3—Prescribed proceedings                                                       48

99.315................... Prescribed proceedings..................................................... 48

Subpart 99.E—Offences for Subpart 99.C                                                          49

Division 99.E.1—Purposes of Subpart                                                              49

99.320................... Purposes of Subpart......................................................... 49

Division 99.E.2—Offences                                                                                       50

Subdivision 99.E.2.1Offences relating to giving a body sample              50

99.325................... Failing to carry identification whilst undertaking applicable SSAA         50

99.330................... Refusing or failing to give a body sample......................... 50

99.335................... Continuing to perform applicable SSAA after refusing a drug or alcohol test or failing to give a body sample................................................................... 51

99.340................... Failing to stop performing an applicable SSAA............... 51

99.345................... Failing to remain in approved tester’s presence................ 51

99.350................... Person must not interfere with integrity of body sample... 52

Subdivision 99.E.2.2Offences occurring after positive test result           52

99.355................... Continuing to perform applicable SSAA between having initial drug test and confirmatory drug test............................................................................ 52

99.360................... Continuing to perform applicable SSAA after having confirmatory drug test and before result returned............................................................................. 52

99.365................... Continuing to perform applicable SSAA before confirmatory alcohol test result returned.......................................................................................... 53

99.370................... Performing applicable SSAA showing positive result for testable drug  53

99.375................... Performing applicable SSAA while showing positive result for a confirmatory alcohol test.......................................................................................... 54

Subdivision 99.E.2.3Offences relating to returning to SSAAs after positive test result           54

99.380................... Continuing to perform applicable SSAA after having confirmatory drug test          54

99.385................... Continuing to perform applicable SSAA after confirmatory alcohol test 55

Division 99.E.3—CASA medical review officers                                         57

99.390................... CASA medical review officers......................................... 57

Subpart 99.F—Provision of information                                                               58

Division 99.F.1—Purposes of Subpart                                                               58

99.395................... Purposes of Subpart......................................................... 58

Division 99.F.2—Information                                                                                59

99.400................... Drug or alcohol test information given or required by CASA 59

99.405................... Information that must be given to CASA following drug or alcohol test 60

Subpart 99.G—CASA’s powers in relation to civil aviation authorisations          61

Division 99.G.1—Purposes of Subpart                                                              61

99.410................... Purposes of Subpart......................................................... 61

99.415................... When CASA may vary, suspend or cancel a civil aviation authorisation 61

99.420................... When variation, suspension or cancellation takes effect.... 62

99.425................... Notice............................................................................... 62

99.430................... Effect of effluxion of time in relation to the suspension of civil aviation authorisation.......................................................................................... 62

99.435................... Effect of suspension of civil aviation authorisation........... 62

Subpart 99.H—Approved testers and authorisations to conduct drug and alcohol tests                                                                                                                                      63

Division 99.H.1—Purposes of Subpart                                                              63

99.440................... Purposes of Subpart......................................................... 63

Division 99.H.2—Approvals and authorisations                                         64

99.445................... CASA may approve persons to take body samples and conduct tests     64

99.450................... Persons authorised to take body samples and conduct tests 64

Division 99.H.3—Obligations on approved testers and protection from liability            66

99.455................... Obligations on approved testers........................................ 66

99.460................... Approved testers not liable in certain cases....................... 66

Division 99.H.4—Powers of approved testers                                              67

99.465................... Approved testers’ powers to access premises................... 67

Division 99.H.5—Identity cards                                                                           68

99.470................... Identity cards.................................................................... 68

99.475................... Return of identity card...................................................... 68

99.480................... Display and production of identity cards.......................... 68

99.485................... Suspension or revocation of authorisation........................ 69

99.490................... Notices.............................................................................. 69

Division 99.H.6—Notices to approved testers                                              70

99.495................... Notice to approved testers................................................. 70

Part 101—Unmanned aircraft and rockets                                                         71

Subpart 101.APreliminary                                                                                        74

101.005................. Applicability of this Part................................................... 74

101.010................. Application to rocket‑powered unmanned aircraft............ 74

101.015................. Application of registration and marking requirements...... 74

101.020................. Exemption from certain provisions of CAR..................... 74

101.025................. Meaning of populous area............................................... 75

101.028................. Issue of Manual of Standards for Part 101....................... 75

101.029................. Approvals for Part 101..................................................... 75

101.030................. Approval of areas for operation of unmanned aircraft or rockets             75

101.035................. Requirements in this Part to give information to CASA... 76

Subpart 101.AB—Authorisations for section 20AB of the Act               78

101.047................. Performance of duties during flight time—balloons, kites and model aircraft          78

101.048................. Performance of duties during flight time—remotely piloted aircraft         78

Subpart 101.BGeneral prohibition on unsafe operation                        79

101.050................. Applicability of this Subpart............................................. 79

101.055................. Hazardous operation prohibited........................................ 79

Subpart 101.CProvisions applicable to unmanned aircraft generally  80

101.060................. Applicability of this Subpart............................................. 80

101.065................. Operation in prohibited or restricted area.......................... 80

101.070................. Operation in controlled airspace above 400 ft AGL.......... 80

101.072................. Operation in controlled airspace—requirements prescribed by the Part 101 Manual of Standards.......................................................................... 81

101.073................. Operation must generally be within visual line of sight.... 81

101.075................. Operation near aerodromes............................................... 81

101.080................. Permission for operation of unmanned aircraft near aerodrome               82

101.085................. Maximum operating height............................................... 83

101.090................. Dropping or discharging of things.................................... 84

101.095................. Weather and day limitations.............................................. 84

101.097................. Autonomous aircraft—launch or release without approval prohibited     84

Subpart 101.DTethered balloons and kites                                                     86

101.100................. Applicability of this Subpart............................................. 86

101.105................. Definitions for Subpart..................................................... 86

101.110................. Tethered balloons and kites that may be operated outside approved areas                86

101.115................. Mooring‑line marking....................................................... 87

101.120................. Operation of tethered balloon or kite under cloud............. 87

101.125................. Tethered balloon to be lit at night...................................... 87

101.130................. Rapid deflation device required......................................... 88

101.135................. What to do if tethered balloon escapes.............................. 88

Subpart 101.EUnmanned free balloons                                                            89

101.140................. Applicability of this Subpart............................................. 89

101.145................. Kinds of unmanned free balloons..................................... 89

101.150................. Definition for Subpart—approved area........................... 90

101.155................. Releasing small balloons................................................... 90

101.160................. Light balloons that may be released outside approved areas 91

101.165................. Release of medium and heavy balloons outside approved areas               92

101.170................. Medium and heavy balloons not to be flown low............. 93

101.175................. Medium and heavy balloons to be flown in clear sky....... 94

101.180................. How payload must be supported—medium and heavy balloons              94

101.185................. Equipment that must be carried—medium and heavy balloons                94

101.190................. Lighting—medium and heavy balloons............................ 95

101.195................. Marking—unmanned free balloons generally................... 95

101.200................. Marking by day—heavy balloons..................................... 95

101.205................. Lighting by night—heavy balloons................................... 96

101.210................. Obligation to stay in communication with ATC—medium and heavy balloons       96

101.215................. Tracking of flight—medium and heavy balloons.............. 96

101.220................. Flight reporting—medium and heavy balloons................. 97

101.225................. Ending flight and recovery—medium and heavy balloons 98

101.230................. Direction by ATC to end flight in certain circumstances... 98

Subpart 101.F—Remotely piloted aircraft                                                         100

Division 101.F.1General                                                                                    100

101.235................. Application of Subpart 101.F......................................... 100

101.236................. Meaning of approved area............................................. 100

101.237................. Meaning of excluded RPA............................................... 100

101.238................. Meaning of standard RPA operating conditions............. 101

Division 101.F.2—Operation of RPA generally                                         103

101.245................. Operation near people..................................................... 103

101.247................. Operations in prescribed areas—requirements prescribed by the Part 101 Manual of Standards........................................................................ 103

101.250................. Where very small, small and medium RPA may be operated 104

101.252................. Certain RPA—requirement for remote pilot licence........ 104

101.255................. Large RPA—requirement for certificate......................... 104

101.260................. Maintenance of large RPA.............................................. 104

101.265................. Large RPA—persons permitted to carry out maintenance 105

101.270................. Certain RPA—requirement for RPA operator’s certificate 105

101.272................. Certain RPA—requirement to keep records or give information to CASA              105

101.275................. Approval of operation of large RPA............................... 105

101.280................. RPA not to be operated over populous areas.................. 106

101.285................. Use of aeronautical radio................................................ 107

Division 101.F.3—Remote pilot licences                                                        109

101.290................. Application for remote pilot licence................................ 109

101.295................. Eligibility for remote pilot licence................................... 109

101.300................. Conditions on remote pilot licences................................ 110

101.315................. Notice to holder of remote pilot licence to show cause... 111

101.320................. Cancellation of remote pilot licence................................. 112

Division 101.F.4—Certification of RPA operators                                  113

101.330................. Application for certification as RPA operator................. 113

101.335................. Eligibility for certification as RPA operator.................... 113

101.340................. Conditions on certification.............................................. 114

101.342................. Functions and duties of chief remote pilot...................... 114

101.360................. Notice to certified RPA operator to show cause............. 115

101.365................. Cancellation of RPA operator’s certification................... 115

101.370................. Compliance with RPA operator’s practices and procedures 116

Division 101.F.5—Operation of very small RPA for hire or reward 117

101.371................. Requirement to give notice before operating very small RPA for hire or reward etc......................................................................................... 117

101.372................. Notice to operate very small RPA for hire or reward etc. 117

101.373................. Notification of changes in relation to operating very small RPA for hire or reward etc......................................................................................... 117

101.374................. Database of notifications................................................. 118

Subpart 101.GModel aircraft                                                                                119

101.375................. Applicability of this Subpart........................................... 119

101.380................. Definitions for Subpart................................................... 119

101.385................. Visibility for operation of model aircraft......................... 119

101.390................. Operating model aircraft at night..................................... 119

101.395................. Keeping model aircraft away from people....................... 120

101.400................. Operation of model aircraft outside approved areas........ 120

101.405................. Giant model aircraft........................................................ 120

101.410................. Model flying displays..................................................... 121

Subpart 101.HRockets                                                                                               123

101.415................. Applicability of this Subpart........................................... 123

101.420................. Application of State and Territory laws about rockets.... 123

101.425................. Definitions for Subpart................................................... 123

101.430................. Launching rocket in or over prohibited or restricted area 124

101.435................. Launching rockets into controlled airspace..................... 124

101.440................. Launching rockets near aerodromes................................ 124

101.445................. Getting permission for launch of rocket near aerodrome 125

101.450................. High power rockets........................................................ 126

101.455................. Maximum operating height of rockets............................ 126

101.460................. Dropping or discharging of things from rockets............. 127

101.465................. Weather and day limitations—rockets other than model rockets              127

101.470................. Model rockets................................................................. 127

Subpart 101.IFirework displays                                                                          129

101.475................. What this Subpart does................................................... 129

101.480................. Application of State and Territory laws about fireworks 129

101.485................. Meaning of operate a firework display........................... 129

101.490................. Certain projectiles prohibited in firework displays.......... 129

101.495................. Firework displays not permitted near aerodromes.......... 129

101.500................. Notice to CASA of certain firework displays................. 130

Part 103—Sport and recreational aviation operations                                132

Part 105—Sport and recreational parachuting from aircraft                133

Part 115—Commercial sport and recreational aviation operations    134

Part 117—Representations and surveys                                                              135

117.005................. What this Part is about.................................................... 135

117.010................. Misrepresentations about holding certain civil aviation authorisations     135

117.015................. Safety‑related surveys or questionnaires—holders of certain civil aviation authorisations........................................................................................ 135

Part 119—Air operator certification—commercial air transport        137

Part 121—Commercial air transport operations (aeroplanes)               138

Part 129—Foreign air transport operators—certification and operating requirements                                                                                                                                    139

Subpart 129.A—Foreign air transport operations—general                  140

129.005................. What Part 129 is about.................................................... 140

129.020................. Approvals by CASA for Part 129.................................. 140

129.025................. Prescribed purpose—foreign air transport operations..... 140

129.030................. Foreign air transport operations—foreign air transport AOC required    140

129.035................. Foreign air transport operations—compliance with foreign air transport AOCs      140

129.040................. Foreign air transport operations—compliance with conditions of foreign air transport AOCs........................................................................................ 141

Subpart 129.B—Foreign air transport AOCs                                                  142

129.045................. Foreign air transport AOC—information and documents that may be required       142

129.050................. Foreign air transport AOC—manner of giving CASA information etc.  142

129.055................. Foreign air transport AOC—conditions for issue........... 142

129.060................. Foreign air transport AOC—conditions......................... 143

129.065................. Foreign air transport AOC—requirement to give notice of certain events                144

Subpart 129.C—Foreign air transport operations—operating requirements      145

129.070................. Foreign air transport operations—compliance with certain Part 91 provisions        145

129.075................. Foreign air transport operations—compliance with Annex 6 145

129.080................. Foreign air transport operations—common language for crew                145

129.085................. Foreign air transport operations—flights to be in accordance with IFR or approval........................................................................................ 146

129.090................. Foreign air transport operations—flight crew licences.... 146

129.095................. Foreign air transport operations—air displays................ 146

129.100................. Foreign air transport operations—low‑visibility operations 147

129.105................. Foreign air transport operations—flying in formation.... 147

129.110................. Foreign air transport operations—simulated IMC prohibited.. 147

129.115................. Foreign air transport operations—simulated emergency and abnormal procedures prohibited........................................................................................ 147

129.120................. Foreign air transport operations—aerobatic manoeuvres prohibited        148

129.125................. Foreign air transport operations—maximum period for use of Australian aircraft in Australian territory.......................................................... 148

Subpart 129.M—Foreign air transport operations—airworthiness   149

129.200................. Foreign air transport operations—certificates of airworthiness                149

129.205................. Foreign air transport operations—continuing airworthiness 149

Subpart 129.N—Foreign air transport operations—flight crew          150

129.250................. Foreign air transport operations—flight crew experience for aircraft covered by overseas rating............................................................................... 150

129.255................. Foreign air transport operations—co‑pilot...................... 151

Part 132—Limited category aircraft                                                                      152

Subpart 132.A—Preliminary                                                                                      154

132.005................. What Part 132 is about.................................................... 154

132.010................. Key definitions for Part 132............................................ 154

132.015................. Definition of adventure flight for limited category aircraft 155

132.020................. Definition of major for modifications and repairs for limited category aircraft        155

132.025................. Definition of safety‑critical aeronautical product for limited category aircraft        156

132.030................. Approval of modifications and repairs for limited category aircraft         156

132.035................. Approvals by CASA or administering authority for Part 132  157

132.040................. Issue of Manual of Standards for Part 132..................... 157

132.045................. Relationship of Part 132 to other requirements for operating limited category aircraft........................................................................................ 157

Subpart 132.B—Flying limited category aircraft—general requirements              159

132.050................. General operational requirements.................................... 159

132.055................. Authorised operations for limited category aircraft......... 160

132.060................. Maximum number of persons to be carried.................... 161

132.065................. Passenger briefing for flights other than adventure flights 161

132.070................. Content of safety briefing for flights other than adventure flights            162

132.075................. Flights over populous areas............................................ 162

132.080................. Parachute descents.......................................................... 164

132.085................. Flights in foreign country’s airspace............................... 164

Subpart 132.C—Flying limited category aircraft—adventure flights 165

Division 132.C.1—Adventure flights—general requirements            165

132.090................. Adventure flight procedures required............................. 165

132.095................. Limited category certificate must include adventure flights as special purpose operation........................................................................................ 165

132.100................. When adventure flights prohibited—aircraft airframe life and life‑limited safety‑critical aeronautical products...................................................... 165

132.105................. When adventure flights prohibited—major modifications or repairs        166

132.110................. When adventure flights prohibited—certain aircraft that are not ex‑armed forces or historic aircraft............................................................................. 166

132.115................. When adventure flights prohibited—aircraft with special flight permit    167

132.120................. Requirements for pilot in command of adventure flights 167

132.125................. Unbroken round trips only............................................. 167

132.130................. Sightseeing flights prohibited......................................... 167

132.135................. Clothes and equipment supplied by operator.................. 167

132.140................. Passengers who cannot understand safety briefing to be accompanied on adventure flights........................................................................................ 168

Division 132.C.2—Adventure flights—passenger safety briefings  169

132.145................. Requirement for passenger safety briefing when booking 169

132.150................. Content of passenger safety briefing when booking....... 169

132.155................. Requirement for passenger safety briefing before boarding aircraft         170

132.160................. Acknowledgement by passengers who are at least 18 and who can understand passenger safety briefing................................................................. 171

132.165................. Acknowledgement for passengers under 18 or who cannot understand passenger safety briefing........................................................................... 171

132.170................. Retention of acknowledgements..................................... 172

Subpart 132.D—Limited category aircraft—certification and airworthiness requirements                                                                                                                                    173

Division 132.D.1—Certification and airworthiness—general            173

132.175................. Advice about modifications, repairs, damage, defects and life‑limited aeronautical products........................................................................................ 173

132.180................. Requirements for giving approvals, certificates and advice—individuals 173

132.185................. Authorisations to give approvals, certificates and advice for limited category aircraft........................................................................................ 174

132.190................. Requirements for giving approvals, certificates and advice—limited category organisations........................................................................................ 175

Division 132.D.2—Certification and airworthiness—permit index numbers     176

132.195................. Assignment of permit index numbers—general.............. 176

132.200................. Assignment of new permit index numbers on initiative of administering authority  176

132.205................. Assignment of new permit index numbers at CASA direction                176

132.210................. Assignment of new permit index numbers on application by registered operator    177

132.215................. When assignment of new permit index number takes effect 177

132.220................. Notice to operator if new permit index number assigned 177

Division 132.D.3—Certification and airworthiness—notice to CASA of certain matters                                                                                                                    178

132.225................. Notice to CASA—permit index numbers assigned by limited category organisation for aircraft............................................................................. 178

132.230................. Notice to CASA—certain proposed actions by limited category organisation         178

132.235................. Notice to CASA—safety of aircraft................................ 179

Subpart 132.M—Limited category aircraft—airworthiness and maintenance   180

Part 133—Commercial air transport and aerial work operations (rotorcraft)    181

Part 137—Aerial application operations—other than rotorcraft         182

Subpart 137.A—Applicability and definitions                                                 184

137.005................. Applicability................................................................... 184

137.010................. Definitions...................................................................... 185

Subpart 137.B—General                                                                                               188

137.015................. Approvals....................................................................... 188

137.020................. Effect of other provisions............................................... 188

137.025................. Aeroplane—type certificate............................................. 188

137.030................. Authority of the pilot...................................................... 188

Subpart 137.C—Operator certification and supervision                           189

137.035................. Applicant to prepare manual........................................... 189

137.040................. Standard operations manual............................................ 189

137.045................. Application for an AOC or variation of an AOC............ 189

137.050................. Decision on AOC and manual........................................ 190

137.055................. Offences concerning operations manual......................... 190

137.060................. Operator’s organisational structure................................. 191

137.065................. Head of flight operations................................................ 191

137.070................. Head of aeroplane maintenance control........................... 192

137.075................. Replacement of holder of key personnel position........... 192

137.080................. Amendments to operations manual by operator.............. 192

137.085................. Amendments to schedule of differences......................... 193

137.090................. Amendments to standard operations manual................... 193

Subpart 137.D—Operational procedures                                                           194

137.095................. Operation to be in VMC................................................. 194

137.100................. Use of weather forecasts or observations....................... 194

137.105................. Landing areas.................................................................. 194

137.110................. Safety of persons other than crew at landing areas......... 194

137.115................. Refuelling....................................................................... 195

137.120................. Documents to be carried on a flight................................ 195

137.125................. Manipulation of flight controls....................................... 196

137.130................. Use of seats, seatbelts and harnesses.............................. 197

137.135................. Carriage of passengers.................................................... 197

137.140................. Minimum height and lateral separation for operation...... 197

137.145................. Application over populous areas..................................... 198

137.150................. In‑flight fuel management............................................... 199

137.155................. Operations near RPT flight............................................. 199

137.160................. Aerodrome circuit requirements...................................... 199

137.165................. Close proximity operations............................................. 200

137.170................. Night operations............................................................. 200

137.175................. Firefighting operations.................................................... 201

Subpart 137.E—All‑weather operations                                                              203

Subpart 137.H—Aeroplane performance                                                           204

137.180................. General........................................................................... 204

137.185................. Take‑off over a populous area........................................ 204

Subpart 137.J—Weight and balance                                                                     205

137.190................. Weight limitations........................................................... 205

137.195................. Loading—supervision.................................................... 205

Subpart 137.K—Instruments and equipment                                                  206

137.200................. Installation of instruments and equipment....................... 206

137.210................. Position of instruments and equipment........................... 206

137.215................. Instruments and equipment required............................... 207

137.220................. Crew intercom system.................................................... 208

137.225................. Seatbelts and harnesses................................................... 208

Subpart 137.M—Aeroplane maintenance                                                          209

137.230................. Fitting and removal of role equipment............................ 209

Subpart 137.N—Pilots                                                                                                     210

137.235................. Pilot in command must be authorised under Part 61....... 210

137.240................. Operator proficiency checks........................................... 210

Subpart 137.P—Manuals, logs and records                                                      212

137.245................. Flight manual.................................................................. 212

137.250................. Checking records............................................................ 212

137.255................. Document retention periods............................................ 212

137.260................. Maintenance record to be given to new operator............. 213

Subpart 137.Q—Flight duty time limitations and rest requirements 214

137.265................. Application of Subpart 137.Q......................................... 214

137.270................. Subpart not to affect subsection 1 of CAO 48.1............. 214

137.275................. Limit on flying hours...................................................... 214

137.280................. Off‑duty period before and after tour of duty................. 214

137.285................. Tour of duty—duration................................................... 215

137.290................. Off‑duty period each 14 days......................................... 215

137.295................. Limit on time spent on tours of duty............................... 215

137.300................. Pilot to be fit for duty...................................................... 216

Part 138—Search and rescue operations                                                             217


Part 99Drug and alcohol management plans and testing

  

Table of contents

99.005       Purposes of Part

Subpart 99.AGeneral

99.010       Definitions for Part 99

99.015       SSAAs to which this Part applies

99.020       Substantial compliance with requirements of Part required

Subpart 99.BDrug and alcohol management plans

Division 99.B.1Purposes of Subpart

99.025       Purposes of Subpart

Division 99.B.2Persons required to have a DAMP

99.030       Who must develop and maintain a DAMP

99.035       DAMP must be implemented

99.040       DAMP must be made available to SSAA employees

Division 99.B.3Content and implementation of DAMP

Subdivision 99.B.3.1Content of DAMP

99.045       Content of DAMP

Subdivision 99.B.3.2Drug and alcohol testing program

99.050       Requirements for drug and alcohol testing

99.055       Requirements relating to DAMP medical review officer

99.060       Requirements relating to use of testing devices

Subdivision 99.B.3.3Drug and alcohol response program

99.065       Requirements relating to SSAA employees ceasing SSAAs

99.070       Requirements relating to returning to SSAAs

99.075       Requirements relating to intervention programs

Subdivision 99.B.3.4Implementing a DAMP

99.080       Implementing a DAMP

Division 99.B.4Review and audit of DAMP

99.085       Review of DAMP by DAMP organisation

99.090       Audit of DAMP organisation by CASA

99.095       CASA may direct changes to DAMP

Division 99.B.5Provision of Information

99.100       DAMP organisation or DAMP contractor to provide information

99.105       DAMP record‑keeping

Subpart 99.CDrug and alcohol testing by CASA

Division 99.C.1Preliminary

99.110       Purposes of Subpart

Subdivision 99.C.1.1Who may be drug or alcohol tested

99.115       Who may be drug or alcohol tested

99.120       Body samples may only be taken if person consents

Subdivision 99.C.1.2Powers of approved testers

99.125       Powers of approved testers

Subdivision 99.C.1.3CASA to approve testing devices

99.130       Approved drug and alcohol testing devices

Division 99.C.2Drug testing

Subdivision 99.C.2.1General

99.135       Which body samples may be drug tested

99.140       How samples are taken and tested

99.145       Approved drug testing devices to be used for initial drug tests

99.150       Method for determining sample identifiers

Subdivision 99.C.2.2Initial drug tests

99.155       Taking samples

99.160       Initial drug test

99.165       If initial drug test result is not positive

99.170       If initial drug test result is positive

99.175       Notices of initial drug test

99.180       Dealing with samples for confirmatory drug test

99.185       Transporting samples

Subdivision 99.C.2.3Receipt and storage of samples by approved laboratories

99.190       Receipt of samples

99.195       Storage of samples

Subdivision 99.C.2.4Conduct of drug tests by approved laboratories

99.200       Testing Sample A

99.205       Samples to be tested in accordance with National Association of Testing Authorities’ accreditation

99.210       Notices of Sample A results

99.215       Donor may request testing of Sample B

99.220       Approved laboratory to keep Sample B

99.225       Notices of Sample B results

99.230       Test results

Subdivision 99.C.2.5Record‑keeping

99.235       Approved laboratory to keep records

Division 99.C.3Alcohol testing

99.240       Which body samples may be alcohol tested

99.245       How samples are taken and tested

99.250       Approved breathalysers to be used in alcohol tests

99.255       Alcohol tests

99.260       Test results

99.265       Notice of alcohol test

Subpart 99.DEvidentiary certificates and prescribed proceedings

Division 99.D.1Purposes of Subpart

99.275       Purposes of Subpart

Division 99.D.2Evidentiary certificates

99.280       Certificates by approved tester

99.285       Certificates by approved laboratory

99.290       Document taken to be a certificate unless contrary intention established

99.295       Certificate not to be admitted unless copy given

99.300       Person signing the certificate may be called to give evidence

99.305       Rebuttal evidence

99.310       CASA may ask for full certificate

Division 99.D.3Prescribed proceedings

99.315       Prescribed proceedings

Subpart 99.EOffences for Subpart 99.C

Division 99.E.1Purposes of Subpart

99.320       Purposes of Subpart

Division 99.E.2Offences

Subdivision 99.E.2.1Offences relating to giving a body sample

99.325       Failing to carry identification whilst undertaking applicable SSAA

99.330       Refusing or failing to give a body sample

99.335       Continuing to perform applicable SSAA after refusing a drug or alcohol test or failing to give a body sample

99.340       Failing to stop performing an applicable SSAA

99.345       Failing to remain in approved tester’s presence

99.350       Person must not interfere with integrity of body sample

Subdivision 99.E.2.2Offences occurring after positive test result

99.355       Continuing to perform applicable SSAA between having initial drug test and confirmatory drug test

99.360       Continuing to perform applicable SSAA after having confirmatory drug test and before result returned

99.365       Continuing to perform applicable SSAA before confirmatory alcohol test result returned

99.370       Performing applicable SSAA showing positive result for testable drug

99.375       Performing applicable SSAA showing positive result for a confirmatory alcohol test

Subdivision 99.E.2.3Offences relating to returning to SSAAs after positive test result

99.380       Continuing to perform applicable SSAA after having confirmatory drug test

99.385       Continuing to perform applicable SSAA after confirmatory alcohol test

Division 99.E.3CASA medical review officers

99.390       CASA medical review officers

Subpart 99.FProvision of information

Division 99.F.1Purposes of Subpart

99.395       Purposes of Subpart

Division 99.F.2Information

99.400       Drug or alcohol test information given or required by CASA

99.405       Information that must be given to CASA following drug or alcohol test

Subpart 99.GCASA’s powers in relation to civil aviation authorisations

Division 99.G.1Purposes of Subpart

99.410       Purposes of Subpart

99.415       When CASA may vary, suspend or cancel a civil aviation authorisation

99.420       When variation, suspension or cancellation takes effect

99.425       Notice

99.430       Effect of effluxion of time in relation to the suspension of civil aviation authorisation

99.435       Effect of suspension of civil aviation authorisation

Subpart 99.HApproved testers and authorisations to conduct drug and alcohol tests

Division 99.H.1Purposes of Subpart

99.440       Purposes of Subpart

Division 99.H.2Approvals and authorisations

99.445       CASA may approve persons to take body samples and conduct tests

99.450       Persons authorised to take body samples and conduct tests

Division 99.H.3Obligations on approved testers and protection from liability

99.455       Obligations on approved testers

99.460       Approved testers not liable in certain cases

Division 99.H.4Powers of approved testers

99.465       Approved testers’ powers to access premises

Division 99.H.5Identity cards

99.470       Identity cards

99.475       Return of identity card

99.480       Display and production of identity cards

99.485       Suspension or revocation of authorisation

99.490       Notices

Division 99.H.6Notices to approved testers

99.495       Notice to approved testers


99.005  Purposes of Part

             (1)  This Part provides for:

                     (a)  the development, implementation and enforcement of drug and alcohol management plans covering persons who perform, or are available to perform, an applicable SSAA; and

                     (b)  drug and alcohol tests for persons who perform, or are available to perform, an applicable SSAA, including the following:

                              (i)  the approval of testers to conduct drug and alcohol tests;

                             (ii)  the approval of devices for use in conducting drug and alcohol tests;

                            (iii)  identity cards for approved testers;

                            (iv)  the conduct of drug and alcohol testing;

                             (v)  the variation, suspension and cancelling of civil aviation authorisations and authorisations of approved testers; and

                     (c)  offences relating to drug and alcohol management plans and drug and alcohol testing.

Note 1:       Under this Part, a SSAA employee may be drug or alcohol tested by his or her DAMP organisation or by CASA under Subpart 99.C.

Note 2:       Under Subpart 99.C, CASA may also test persons who are performing or available to perform an applicable SSAA and who are not covered by a DAMP organisation.

             (2)  Unless otherwise stated, this Part is made for the purposes of Part IV of the Act, particularly sections 34, 35 and 36.

Subpart 99.AGeneral

  

99.010  Definitions for Part 99

             (1)  In this Part:

accident means an occurrence that arises out of a person performing or being available to perform an applicable SSAA if either or both of the following applies:

                     (a)  the occurrence results in the death of, or serious harm to, a person;

                     (b)  the occurrence results in serious damage to an aircraft or property.

aerodrome testing area means:

                     (a)  any surface in a certified aerodrome or a registered aerodrome over which an aircraft is able to be moved while in contact with the surface of the aerodrome, including any parking areas; and

                     (b)  any part of the surface of a certified aerodrome or registered aerodrome:

                              (i)  that is not covered by paragraph (a); and

                             (ii)  that does not have a building on it; and

                            (iii)  from which access to a surface mentioned in paragraph (a) may be had; and

                     (c)  a building located on a certified aerodrome or registered aerodrome that is used:

                              (i)  for maintenance of an aircraft or an aeronautical product; or

                             (ii)  for the manufacture of aircraft or aeronautical products; or

                            (iii)  by an air traffic service provider to control air traffic; or

                            (iv)  by the holder of an AOC for flying training; or

                             (v)  by a Part 141 operator conducting flying training in an aircraft; and

                     (d)  any part of an aircraft, aerobridge or other moveable structure in a certified aerodrome or a registered aerodrome.

airport security guard has the meaning given in section 9 of the Aviation Transport Security Act 2004.

allocated number, in relation to an approved tester, means the number allocated to the tester under subregulation 99.445(5).

applicable SSAA means a safety‑sensitive aviation activity to which this Part applies under regulation 99.015.

appropriately qualified alcohol and other drug professional means a person who:

                     (a)  materially works as a provider of clinical drug and alcohol treatment services; and

                     (b)  holds a bachelor degree, or postgraduate degree, in at least 1 of the following fields:

                              (i)  health sciences;

                             (ii)  medical science;

                            (iii)  social sciences;

                            (iv)  behavioural sciences.

approved breathalyser means a breathalyser approved by CASA under paragraph 99.130(a) for alcohol testing.

approved drug testing device means a device approved by CASA under paragraph 99.130(b) for testing for testable drugs.

approved laboratory means a person authorised under subregulation 99.450(3) to conduct confirmatory drug tests for Subpart 99.C.

approved person, in relation to an approved laboratory, means a person who is authorised under the laboratory’s National Association of Testing Authorities accreditation to declare the results of drug tests conducted by that laboratory.

approved tester means a person who is authorised to:

                     (a)  take body samples for drug or alcohol tests under subregulation 99.450(1); and

                     (b)  conduct initial drug tests or alcohol tests under subregulation 99.450(2).

ASIC has the meaning given in the Aviation Transport Security Regulations 2005.

CASA medical review officer means a medical practitioner who for drug and alcohol testing under Subpart 99.C, and for Subparts 99.E and 99.H has:

                     (a)  been appointed by CASA under subregulation 99.390(1) for the purposes of Subpart 99.C; and

                     (b)  training and competence in the field of interpreting drug and alcohol test results; and

                     (c)  knowledge of substance use disorders; and

                     (d)  knowledge of the contents of this Part.

commencement date means the date on which this Part commences.

comprehensive assessment, in relation to a person’s drug or alcohol use, means an examination of the person’s physiological and psychosocial indicators carried out:

                     (a)  by a psychiatrist; or

                     (b)  by a medical practitioner who is a Fellow of the Australasian Chapter of Addiction Medicine; or

                     (c)  jointly by:

                              (i)  a person entitled to practice as a medical practitioner under a law of a State or Territory; and

                             (ii)  an appropriately qualified drug and alcohol professional.

confirmatory alcohol test means an alcohol test given in respect of an initial alcohol test to determine the presence and level of alcohol in a body sample.

Note:          See paragraph (b) of the definition of drug or alcohol test in subsection 33(1) of the Act.

confirmatory drug test means a drug test given in respect of an initial drug test to determine the presence and level of a testable drug in a body sample.

Note:          See paragraph (b) of the definition of drug or alcohol test in subsection 33(1) of the Act.

DAMP or drug and alcohol management plan means a drug and alcohol management plan that complies, or purports to comply, with the requirements of regulation 99.045.

DAMP contact officer, in relation to a DAMP organisation, means a person appointed by the DAMP organisation to liaise with CASA in relation to the organisation’s responsibilities under this Part.

DAMP contractor means a person, or the employee of a person, who is:

                     (a)  a party to an ongoing written or ongoing oral contract with a DAMP organisation; or

                     (b)  a DAMP subcontractor to an ongoing written or ongoing oral contract with a DAMP organisation.

DAMP medical review officer means a medical practitioner who for drug or alcohol testing under a DAMP has:

                     (a)  competence in the field of interpreting drug and alcohol test results; and

                     (b)  knowledge of substance use disorders; and

                     (c)  knowledge of the contents of this Part.

DAMP organisation means a person that is required to have a DAMP under subregulation 99.030(1).

DAMP reporting period, for a DAMP organisation, means the period of 6 months immediately before each:

                     (a)  1 March; and

                     (b)  1 September.

DAMP subcontractor, means a person who is a party to:

                     (a)  an ongoing written or oral contract with a DAMP contractor within the meaning of paragraph (a) of the definition of DAMP contractor; or

                     (b)  an ongoing written or oral contract with another DAMP subcontractor (under a previous application of this definition).

DAMP supervisor, in relation to a DAMP organisation, means a person who:

                     (a)  has had relevant training to form an opinion as to whether a person may be adversely affected by a testable drug or under the influence of alcohol; and

                     (b)  is authorised by the organisation to do so for the purposes of paragraph 99.050(2)(c).

donor means a person who is asked to give, or has given, a body sample to an approved tester.

drug and alcohol education program, for a DAMP organisation, means a program that includes the following components:

                     (a)  for SSAA employees—awareness of:

                              (i)  the organisation’s policy on drug and alcohol use; and

                             (ii)  drug and alcohol testing in the workplace; and

                            (iii)  support and assistance services for people who engage in problematic use of drugs and alcohol; and

                            (iv)  information about the potential risks to aviation safety from problematic use of drugs and alcohol;

                     (b)  for DAMP supervisors—education and training to manage people who engage in problematic use of drugs or alcohol.

drug or alcohol intervention program, in relation to a person who has a drug or alcohol problem, means a program that includes any of the following measures for that problem:

                     (a)  assessment;

                     (b)  treatment, including any of the following:

                              (i)  education;

                             (ii)  counselling;

                            (iii)  consultation with health care professionals;

                            (iv)  pharmacotherapy;

                             (v)  residential or non‑residential treatment programs;

                     (c)  monitoring and follow‑up action.

employee, in relation to a DAMP organisation, includes a DAMP contractor of the DAMP organisation.

foreign operator means:

                     (a)  the holder of a foreign aircraft AOC; or

                     (b)  the operator of an aircraft operating in Australia in accordance with a permission granted by CASA under section 26 of the Act; or

                     (c)  the operator of an aircraft operating under a permission granted under section 27A of the Act; or

                     (d)  the holder of a New Zealand AOC with ANZA privileges; or

                     (e)  the operator of an aircraft that is operating in Australia in accordance with section 14 of the Air Navigation Act 1920.

initial alcohol test means an alcohol test to determine the presence of alcohol in a body sample.

Note:          See paragraph (a) of the definition of drug or alcohol test in subsection 33(1) of the Act.

initial drug test means a drug test to determine the presence of a testable drug in a body sample.

Note:          See paragraph (a) of the definition of drug or alcohol test in subsection 33(1) of the Act.

nominated drug or alcohol intervention program, in relation to a person who has undergone a comprehensive assessment, means a drug or alcohol intervention program considered suitable for the person by:

                     (a)  if the person is an employee of a DAMP organisation—a DAMP medical review officer; or

                     (b)  in any other case—a CASA medical review officer.

passport means an Australian passport within the meaning of the Australian Passports Act 2005, or a passport issued by the Government of a country other than Australia.

permitted level means:

                     (a)  for a testable drug—a level of the drug specified in subregulation (2A) for the purposes of this paragraph; and

                     (b)  for alcohol—a level of alcohol of less than 0.02 grams of alcohol in 210 litres of breath.

positive result means the following:

                     (a)  for an initial drug test—a test result within the meaning of paragraph (a) of the definition of positive test result in subsection 33(1) of the Act;

                     (b)  for a confirmatory drug test—a test result within the meaning of paragraph (b) of the definition of positive test result in subsection 33(1) of the Act;

                     (c)  for an initial alcohol test—a test result within the meaning of paragraph (a) of the definition of positive test result in subsection 33(1) of the Act;

                     (d)  for a confirmatory alcohol test—a test result within the meaning of paragraph (b) of the definition of positive test result in subsection 33(1) of the Act.

regular SSAA employee means a SSAA employee who is reasonably likely to perform an applicable SSAA at least 2 or more times every 90 days.

relevant Standard means:

                     (a)  AS 3547, Breath alcohol testing devices for personal use; and

                     (b)  NMI R 126, Pattern Approval Specifications for Evidential Breath Analysers; and

                     (c)  AS 4760, Procedures for specimen collection and the detection and quantitation of drugs in oral fluid; and

                     (d)  AS/NZS 4308, Procedures for specimen collection and the detection and quantitation of drugs of abuse in urine.

sample identifier means a number allocated to a body sample using the method specified in a legislative instrument made by CASA under regulation 99.150.

screening officer has the meaning given in the Aviation Transport Security Act 2004.

serious incident means an occurrence that arises out of a person performing or being available to perform an applicable SSAA if either or both of the following applies:

                     (a)  the occurrence gives rise to a danger of death or serious harm to a person;

                     (b)  the occurrence gives rise to a danger of serious damage to an aircraft or property.

SSAA means a safety‑sensitive aviation activity.

SSAA employee, in relation to a DAMP organisation, means an employee of the DAMP organisation who performs or is available to perform an applicable SSAA.

substantial compliance, in relation to a drug or alcohol test, has the meaning given in subregulation 99.020(2).

suitable test conditions has the meaning given by subregulation (3).

Note 1:       A number of other expressions used in this Part have the meanings given in the Act. For example:

·         aeronautical product

·         AOC

·         body sample

·         civil aviation authorisation

·         drug or alcohol test

·         foreign aircraft AOC

·         New Zealand AOC with ANZA privileges

·         positive test result

·         safety‑sensitive aviation activities

·         testable drug.

Note 2:       Testable drugs are specified in a legislative instrument made by the Minister under subsection 33(2) of the Act.

References to Standards and reports

             (2)  In this Part:

AS followed by a number is a reference to the Australian Standard so numbered or identified, as in force or existing from time to time, published by Standards Australia.

AS/NZS followed by a number is a reference to the Australian/New Zealand Standard so numbered or identified, as in force or existing from time to time, published jointly by Standards Australia and Standards New Zealand.

NMI R followed by a number is a reference to the document with that designation and number, as in force from time to time, published by the National Measurement Institute established under the National Measurement Act 1960.

Permitted level

          (2A)  For paragraph (a) of the definition of permitted level, the permitted level for each testable drug is specified in the following table.

 

Testable Drug

Concentration ‑ ng/mL

Δ9‑tetrahydrocannabinol

10

6‑Acetyl morphine

10

Amphetamine

25

Benzoylecgonine

25

Cocaine

25

Codeine

25

Ecgonine methyl ester

25

Methylamphetamine

25

Methylenedioxyamphetamine

25

Methylenedioxymethylamphetamine

25

Morphine

25

Suitable test conditions

             (3)  Suitable test conditions means conditions that exist after an accident or serious incident if:

                     (a)  testing can be conducted within:

                              (i)  for drug testing—32 hours after the accident or incident occurred; and

                             (ii)  for alcohol testing—8 hours after the accident or incident occurred; and

                     (b)  it is practicable to conduct a test.

99.015  SSAAs to which this Part applies

             (1)  This Part applies to the SSAAs specified in this regulation.

             (2)  The specified SSAAs are:

                     (a)  any activity undertaken by a person, other than as a passenger, in an aerodrome testing area; and

                     (b)  calculation of the position of freight, baggage, passengers and fuel on aircraft; and

                     (c)  the manufacture or maintenance of any of the following:

                              (i)  aircraft;

                             (ii)  aeronautical products;

                            (iii)  aviation radionavigation products;

                            (iv)  aviation telecommunication products; and

                     (d)  the certification of maintenance of a kind mentioned in paragraph (c); and

                   (da)  the issuing of a certificate of release to service for an aircraft or aeronautical product in relation to maintenance carried out on the aircraft or aeronautical product; and

                     (e)  the fuelling and maintenance of vehicles that will be used to fuel aircraft on aerodrome testing areas; and

                      (f)  activities undertaken by an airport security guard or a screening officer in the course of the person’s duties as a guard or officer; and

                     (g)  activities undertaken by a member of the crew of an aircraft in the course of the person’s duties as a crew member; and

                     (h)  the loading and unloading of trolleys containing baggage for loading onto aircraft and the driving of such trolleys; and

                      (i)  activities undertaken by a holder of an air traffic controller licence in the course of the person’s duties as a controller; and

                      (j)  activities undertaken by the supervisor of a holder of an air traffic controller licence in the course of the person’s duties as such a supervisor; and

                     (k)  providing flight information and search and rescue alert services:

                              (i)  to a pilot or operator of an aircraft immediately before the flight of the aircraft; or

                             (ii)  to a pilot or operator of an aircraft, during the flight of the aircraft; or

                            (iii)  as an intermediary for communications between a pilot or operator of the aircraft, and an air traffic controller; and

                      (l)  providing aviation fire fighting services.

             (3)  This Part applies to the safety‑sensitive aviation activities specified in paragraphs (2)(b) to (l) even if those activities do not occur in an aerodrome testing area.

99.020  Substantial compliance with requirements of Part required

             (1)  A reference in this Part, other than in Subpart 99.B, to a test result for a drug or alcohol test is a reference to a test result that resulted from strict or substantial compliance with the requirements of this Part, including the following:

                     (a)  requirements relating to the taking of a body sample for the test;

                     (b)  requirements relating to the dealing with the body sample by the approved tester who took the sample;

                     (c)  requirements relating to the storage of the body sample (if applicable);

                     (d)  requirements relating to the conduct of the drug or alcohol test;

                     (e)  requirements relating to the giving of notice in respect of a positive result;

                      (f)  a requirement that a person must not interfere with the integrity of a body sample.

             (2)  For subregulation (1), there is taken to be substantial compliance with the requirements of this Part in relation to a drug or alcohol test that results in a test result if there is no reasonable doubt as to the accuracy of the test result even though one or more of the requirements of this Part may not have been strictly complied with in relation to that drug or alcohol test.

Example:    If an approved tester fails to initial a specimen tube containing a part of a body sample that is to be the subject of a confirmatory drug test, the test result is likely to be one that resulted from substantial compliance with the requirements of this Part as there will be no reasonable doubt as to the accuracy of the test result. However, if a person interferes with the integrity of a body sample, the test result for that sample is unlikely to be one that resulted from substantial compliance with the requirements of this Part as there will be a reasonable doubt as to the accuracy of the test result.

             (3)  In this regulation, the requirements of this Part include the following:

                     (a)  the requirements of any legislative instruments made under this Part;

                     (b)  a relevant Standard.

Subpart 99.BDrug and alcohol management plans

Division 99.B.1Purposes of Subpart

99.025  Purposes of Subpart

                   This Subpart provides for the following:

                     (a)  the persons required to have a DAMP;

                     (b)  the matters required to be included in a DAMP;

                     (c)  the implementation of a DAMP;

                     (d)  requirements associated with a DAMP;

                     (e)  offences relating to a DAMP.

Division 99.B.2Persons required to have a DAMP

99.030  Who must develop and maintain a DAMP

             (1)  An organisation must develop a DAMP that complies with regulation 99.045 if:

                     (a)  the organisation:

                              (i)  has an employee; or

                             (ii)  has a contractor (including the employee of, or a subcontractor for, the contractor);

                            who performs or is available to perform a SSAA; and

                     (b)  the organisation is listed in subregulation (2).

Penalty:  50 penalty units.

             (2)  For paragraph (1)(b), the organisations are as follows:

                     (a)  an AOC holder;

                     (b)  a person issued with a production certificate under regulation 21.134;

                     (c)  the holder of an aerodrome certificate granted under regulation 139.050;

                     (d)  a person approved as an ARFFS under Division 139.H.5;

                     (e)  an ATS training provider within the meaning of Part 143;

                      (f)  an ATS provider within the meaning of Part 172;

                     (g)  the provider of any of the following services within the meaning of Part 171:

                              (i)  a telecommunication service;

                             (ii)  a radionavigation service;

                     (h)  the operator of a registered aerodrome under regulation 139.265;

                      (i)  the holder of a certificate of approval within the meaning of subregulation 2(1) of CAR;

                      (j)  a Part 145 organisation;

                     (k)  a Part 141 operator conducting flying training in aircraft;

                      (l)  a screening authority within the meaning of the Aviation Transport Security Regulations 2005.

             (3)  The DAMP must be developed within the time required for implementation of a DAMP under subregulation 99.035(2).

Penalty:  50 penalty units.

             (4)  A person who, under subregulation (1), is required to develop a DAMP must continue to have a DAMP that complies with regulation 99.045 for the period the person has SSAA employees performing an applicable SSAA or available to perform an applicable SSAA.

Penalty:  50 penalty units.

             (5)  An offence against subregulation (1), (3) or (4) is an offence of strict liability.

99.035  DAMP must be implemented

             (1)  A person who is required to develop a DAMP must implement a DAMP by:

                     (a)  giving effect to regulation 99.080; and

                     (b)  making the DAMP available to the person’s SSAA employees as required by this Subpart.

Timeframe and implementation

             (2)  The DAMP must be implemented:

                     (a)  if the person:

                              (i)  is a DAMP organisation on the commencement date; or

                             (ii)  becomes a DAMP organisation within the period of 6 months after the commencement date (the transition period);

                            by the end of the transition period; or

                     (b)  if the person becomes a DAMP organisation after the end of the transition period—immediately upon becoming a DAMP organisation.

99.040  DAMP must be made available to SSAA employees

             (1)  Subject to subregulation (2), a DAMP organisation must ensure that its DAMP is made available to each of its SSAA employees before the employee begins to perform or becomes available to perform an applicable SSAA.

Penalty:  50 penalty units.

             (2)  If a person is a SSAA employee of a DAMP organisation on the day the organisation implements its DAMP, the organisation must make the DAMP available to the employee by the end of the day the employee next performs or is available to perform an applicable SSAA for the DAMP organisation.

Penalty:  50 penalty units.

             (3)  An offence against subregulation (1) or (2) is an offence of strict liability.

Division 99.B.3Content and implementation of DAMP

Subdivision 99.B.3.1Content of DAMP

99.045  Content of DAMP

                   A DAMP organisation’s DAMP must:

                     (a)  apply to all SSAA employees of the organisation, and state each category of the organisation’s SSAA employees covered by the DAMP; and

                     (b)  include the following:

                              (i)  a drug and alcohol education program;

                             (ii)  a drug and alcohol testing program, that meets the requirements specified in regulations 99.050, 99.055 and 99.060;

                            (iii)  a drug and alcohol response program that meets the requirements specified in regulations 99.065, 99.070 and 99.075;

                            and set out details of those programs; and

                     (c)  identify, and provide the contact details for, each person in the DAMP organisation who has any of the following roles:

                              (i)  DAMP contact officer;

                             (ii)  DAMP supervisor; and

                     (d)  be implemented as required by regulation 99.080 and set out the details of those requirements.

Note:          A drug and alcohol education program includes the matters set out in the definition of drug and alcohol education program in subregulation 99.010(1).

Subdivision 99.B.3.2Drug and alcohol testing program

99.050  Requirements for drug and alcohol testing

             (1)  For subparagraph 99.045(b)(ii), the DAMP must meet the following requirements:

                     (a)  that any testing done under the organisation’s DAMP will be conducted as follows:

                              (i)  for breath alcohol testing—using a device that meets the Standard mentioned in paragraph (a) of the definition of relevant Standard, or a device that meets the Standard mentioned in paragraph (b) of that definition;

                             (ii)  for oral fluid testing—in accordance with the Standard mentioned in paragraph (c) of the definition of relevant Standard;

                            (iii)  for urine testing—in accordance with the Standard mentioned in paragraph (d) of the definition of relevant Standard;

                     (b)  that drug and alcohol testing of SSAA employees under the DAMP will be conducted in the circumstances set out in subregulation (2).

             (2)  For paragraph (1)(b), the circumstances in which drug and alcohol testing will be conducted on SSAA employees are as follows:

                     (a)  when a person first joins the DAMP organisation, if the person will be working as a regular SSAA employee, or when an employee whose role in the organisation is to change to that of a regular SSAA employee on or after the commencement date, unless:

                              (i)  the employee has been drug and alcohol tested; and

                             (ii)  the tests were conducted less than 90 days before the employee is required to begin performing or being available to perform an applicable SSAA; and

                            (iii)  each of the test results was not a positive result;

                     (b)  after an accident or serious incident involving a SSAA employee that occurs while he or she is performing, or available to perform, an applicable SSAA, if suitable test conditions exist;

                     (c)  if a DAMP supervisor has reasonable grounds to believe that a SSAA employee may be adversely affected by a testable drug or by alcohol while performing, or available to perform, an applicable SSAA;

                     (d)  if a SSAA employee is returning to work after a period during which the employee was not permitted, under paragraph 99.065(1)(c), (d) or (e), to perform or be available to perform an applicable SSAA because of testable drug use.

Drug test results under DAMP

             (3)  A positive result for a confirmatory drug test conducted on a body sample under a drug and alcohol testing program mentioned in subparagraph 99.045(b)(ii), is taken not to be a positive result for the sample if a DAMP medical review officer has determined that the test result for the sample could be the result of legitimate therapeutic treatment or some other innocuous source.

99.055  Requirements relating to DAMP medical review officer

                   For subparagraph 99.045(b)(ii), the DAMP must include the requirement that the DAMP organisation must consult a DAMP medical review officer:

                     (a)  if a drug test conducted under the DAMP returns a confirmatory drug test result for a SSAA employee of the organisation that is a positive result—to determine if the presence and level of a testable drug detected by the test could be the result of legitimate therapeutic treatment or some other innocuous source; and

                     (b)  to review medical information concerning a person’s failure to give a body sample for drug or alcohol testing because of a medical condition; and

                     (c)  to determine if the employee is fit to resume performing or being available to perform a SSAA.

99.060  Requirements relating to use of testing devices

                   For subparagraph 99.045(b)(ii), the DAMP must include the requirement that any devices used in drug or alcohol testing done under the DAMP must be used in a way that is not inconsistent with the instructions of the manufacturer of those devices.

Subdivision 99.B.3.3Drug and alcohol response program

99.065  Requirements relating to SSAA employees ceasing SSAAs

             (1)  For subparagraph 99.045(b)(iii), the DAMP must include the requirement that the DAMP organisation must not permit an employee to perform, or be available to perform, an applicable SSAA in any of the following circumstances:

                     (a)  if the organisation is aware that a positive result for an initial drug test has been recorded for the employee and the employee has not, in respect of that test result, recorded a test result for a confirmatory drug test that is not a positive result;

                     (b)  if the organisation is aware that a positive result for an initial alcohol test has been recorded for the employee and the employee has not, in respect of that test result, recorded a test result for a confirmatory alcohol test that is not a positive result;

                     (c)  if the organisation is aware that:

                              (i)  a positive result for a confirmatory drug test or a confirmatory alcohol test conducted under a drug and alcohol testing program mentioned in subparagraph 99.045(b)(ii) has been recorded for the employee; and

                             (ii)  a DAMP medical review officer has not determined that the result recorded could be as a result of legitimate therapeutic treatment or some other innocuous source;

                     (d)  if the organisation is aware that:

                              (i)  a positive result for a confirmatory drug test or a confirmatory alcohol test conducted under Subpart 99.C has been recorded for the employee; and

                             (ii)  a CASA medical review officer has not determined that the result recorded could be as a result of legitimate therapeutic treatment or some other innocuous source;

                     (e)  if the organisation is aware that a SSAA employee after having been required to take a drug or alcohol test:

                              (i)  refused to take the test; or

                             (ii)  interfered with the integrity of the test.

             (2)  For subparagraph 99.045(b)(iii), a DAMP must include the requirement that the DAMP organisation must not permit a SSAA employee to perform or be available to perform an applicable SSAA in the following circumstances:

                     (a)  if a DAMP supervisor suspects the employee’s faculties may be impaired due to the person being under the influence of a testable drug or of alcohol;

                     (b)  if an accident or serious incident has occurred involving the employee while he or she is performing or available to perform an applicable SSAA and either of the following apply:

                              (i)  for the period that suitable test conditions exist for conducting drug or alcohol tests on the employee—a test has not been conducted;

                             (ii)  if tests have been conducted under suitable test conditions—the DAMP organisation has not been notified of the test results.

99.070  Requirements relating to returning to SSAAs

             (1)  For subparagraph 99.045(b)(iii), the DAMP must include the requirement that if:

                     (a)  the DAMP organisation has not permitted a SSAA employee to perform, or be available to perform, an applicable SSAA; and

                     (b)  the non‑performance is a result of a circumstance mentioned in paragraph 99.065(1)(c), (d) or (e) (a suspension event),

the organisation must only permit the employee to again begin performing or being available to perform an applicable SSAA if the circumstances set out in subregulation (2) apply.

             (2)  For subregulation (1), the circumstances that must apply are as follows:

                     (a)  the employee has undergone a comprehensive assessment for drug or alcohol use;

                     (b)  if the comprehensive assessment recommended the employee commence a drug or alcohol intervention program—the employee has begun participating in a nominated drug or alcohol intervention program;

                     (c)  the employee is considered fit to resume performing, or being available to perform, an applicable SSAA by:

                              (i)  a DAMP medical review officer; and

                             (ii)  the employee’s treating clinician, if any;

                     (d)  if the suspension event related to a drug test—at the time the employee was considered fit under paragraph (c), the employee receives a confirmatory drug test and records, for the test, a result that:

                              (i)  was not a positive result; and

                             (ii)  a DAMP medical review officer is satisfied indicates the absence of testable drug use.

99.075  Requirements relating to intervention programs

             (1)  Subject to subregulation (2), for subparagraph 99.045(b)(iii) the DAMP must include the requirement that a DAMP organisation must permit a SSAA employee of the organisation time to attend a nominated drug or alcohol intervention program, if:

                     (a)  a DAMP medical review officer has advised the DAMP organisation that the employee should attend the program; and

                     (b)  the employee is returning to work after a period during which the employee was not permitted, under regulation 99.340 or 99.345, to perform or be available to perform an applicable SSAA because of testable drug use or alcohol use.

             (2)  A reference to a SSAA employee in the requirement under subregulation (1) is a reference to a SSAA employee that the DAMP organisation intends to allow to continue to perform or be available to perform a SSAA.

Subdivision 99.B.3.4Implementing a DAMP

99.080  Implementing a DAMP

             (1)  For paragraph 99.045(d), the DAMP organisation, in implementing its DAMP, must ensure the following:

                     (a)  that the organisation’s SSAA employees and DAMP supervisors attend the organisation’s drug and alcohol education program:

                              (i)  for persons who begin work for the organisation after the commencement date—before commencing duties as a SSAA employee or DAMP supervisor; or

                             (ii)  for persons working for the organisation as SSAA employees or DAMP supervisors on or before the commencement date—within 6 months of the commencement date; or

                            (iii)  for persons working for the organisation as SSAA employees or DAMP supervisors who, after the commencement date, have attended the program—within 30 months of the person’s last attendance at the program;

                     (b)  that each SSAA employee of the DAMP organisation is informed that he or she must not perform, or be available to perform, an applicable SSAA if aware that he or she is adversely affected by a testable drug or by alcohol, until the employee is no longer adversely affected;

                     (c)  that each SSAA employee of the DAMP organisation is subject to drug and alcohol testing under the DAMP while performing, or available to perform, a SSAA of the DAMP organisation.

             (2)  The DAMP organisation must also do the following:

                     (a)  encourage each of the organisation’s SSAA employees to disclose if he or she has consumed a level of alcohol, or is taking any drug, that may affect his or her ability to carry out an applicable SSAA;

                     (b)  inform each SSAA employee of the organisation that drug and alcohol testing under this Subpart will require a person who is to be tested to provide a body sample;

                     (c)  record the policy and procedures of the organisation’s DAMP using a controlled document protocol.

Division 99.B.4Review and audit of DAMP

99.085  Review of DAMP by DAMP organisation

             (1)  A DAMP organisation must review its DAMP to ensure compliance with the requirements of this Subpart:

                     (a)  every 5 years, beginning on the date on which the DAMP was developed; and

                     (b)  at any other time CASA directs.

Penalty:  50 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

99.090  Audit of DAMP organisation by CASA

             (1)  CASA may audit the operation of a DAMP organisation to ensure appropriate development, implementation and enforcement of a DAMP.

             (2)  For the audit, CASA may require the DAMP organisation to provide to CASA:

                     (a)  information and records, as specified by CASA, demonstrating that the organisation has:

                              (i)  developed a DAMP; and

                             (ii)  implemented the DAMP; and

                     (b)  a copy of the DAMP that is being implemented; and

                     (c)  any other information and records specified by CASA that are relevant to the audit.

             (3)  The DAMP organisation must comply with the requirement.

Penalty:  50 penalty units.

             (4)  An offence against subregulation (3) is an offence of strict liability.

99.095  CASA may direct changes to DAMP

             (1)  CASA may at any time, for the purpose of ensuring compliance by a DAMP organisation with the requirements of regulation 99.045, direct the organisation to do any of the following:

                     (a)  make a change specified by CASA to a provision in the organisation’s DAMP;

                     (b)  prepare a new DAMP that complies with the requirements of this Subpart;

                     (c)  submit any proposed changes to the organisation’s DAMP or submit a newly prepared DAMP, as the case may be, to CASA.

             (2)  The DAMP organisation must comply with the direction.

Penalty:  50 penalty units.

             (3)  An offence against subregulation (2) is an offence of strict liability.

Division 99.B.5Provision of Information

99.100  DAMP organisation or DAMP contractor to provide information

Information to be provided to CASA

             (1)  A DAMP organisation that has implemented a DAMP must provide the following information to CASA in respect of each DAMP reporting period, or part of a reporting period, during which the DAMP was implemented:

                     (a)  the number of the organisation’s employees who performed an applicable SSAA at least 2 or more times in the 90 days preceding the end of the reporting period;

                     (b)  the number of the organisation’s SSAA employees who attended a drug and alcohol education program during the period, including the number of employees who attended such a program:

                              (i)  for the first time; and

                             (ii)  for a second or subsequent time;

                     (c)  the number and type of drug or alcohol tests undergone by SSAA employees under the DAMP during the period;

                     (d)  the results of the tests, including the number of positive test results that a DAMP medical review officer has determined could be as a result of legitimate therapeutic treatment or some other innocuous source;

                     (e)  the date and time that the tests under the DAMP were conducted;

                      (f)  the role that each SSAA employee tested was undertaking at the time of being tested;

                     (g)  the applicable SSAA that each SSAA employee tested was performing or available to perform at the time that he or she was tested;

                     (h)  if testing was conducted following an accident or serious incident—information about the date, time and location of:

                              (i)  the accident or serious incident; and

                             (ii)  the testing conducted following the accident or serious incident;

                      (i)  follow‑up action taken by the organisation under the DAMP in respect of SSAA employees:

                              (i)  who were drug or alcohol tested under this Subpart; and

                             (ii)  whose test results were positive results;

                      (j)  follow‑up action taken by the organisation under the DAMP in respect of any SSAA employees:

                              (i)  who were tested under Subpart 99.C; and

                             (ii)  whose test results were positive results;

                     (k)  follow‑up action taken by the organisation under the DAMP in respect of any SSAA employees who refused to take a drug or alcohol test, or interfered with the integrity of a drug or alcohol test, under this Subpart or Subpart 99.C;

                      (l)  the number of SSAA employees referred to a nominated drug or alcohol intervention program;

                    (m)  any other information relating to the implementation of a DAMP, or a drug or alcohol test under this Part, that CASA requests of the organisation in writing.

Penalty:  50 penalty units.

             (2)  The information must be given in writing within 21 days after the end of the reporting period to which it relates.

             (3)  The information must not include any information, other than that listed in subregulation (1), in respect of a SSAA employee that might identify the employee.

Penalty:  50 penalty units.

             (4)  A DAMP organisation that has implemented a DAMP must provide the name and contact details of the organisation’s current DAMP contact officer to CASA.

Penalty:  50 penalty units.

Information to approved testers

             (5)  If a DAMP organisation or a DAMP contractor is required to provide information by an approved tester in the circumstances specified in paragraph 99.125(2)(b), the organisation or contractor must comply with the requirement within 1 hour of being given notification by the tester of the requirement.

Penalty:  50 penalty units.

             (6)  An offence against subregulation (1), (3), (4) or (5) is an offence of strict liability.

99.105  DAMP record‑keeping

             (1)  A DAMP organisation must keep the records used to provide information to CASA under regulation 99.100 for 5 years from the date the information was provided to CASA.

Penalty:  50 penalty units.

             (2)  The records must be kept in a secure location.

Penalty:  50 penalty units.

             (3)  Within 6 months after the end of the 5 year period, the organisation must destroy or delete:

                      (i)  the records; or

                     (ii)  the parts of the records that relate to the results of drug or alcohol testing.

             (4)  An offence against subregulation (1) or (2) is an offence of strict liability.

Subpart 99.CDrug and alcohol testing by CASA

Division 99.C.1Preliminary

99.110  Purposes of Subpart

             (1)  This Subpart provides for drug and alcohol testing by CASA.

             (2)  The Subpart sets out the following matters:

                     (a)  who may be tested (Subdivision 99.C.1.1);

                     (b)  certain powers of approved testers (Subdivision 99.C.1.2);

                     (c)  approved drug testing devices and breathalysers (Subdivision 99.C.1.3);

                     (d)  the conduct of initial drug tests and confirmatory drug tests (Division 99.C.2);

                     (e)  the conduct of initial alcohol tests and confirmatory alcohol tests (Division 99.C.3).

Subdivision 99.C.1.1Who may be drug or alcohol tested

99.115  Who may be drug or alcohol tested

             (1)  An approved tester may require a body sample for the purposes of a drug or alcohol test under this Subpart from a person who is performing or available to perform an applicable SSAA.

             (2)  However, an approved tester must not, for drug or alcohol testing under this Subpart, require a body sample from a passenger.

99.120  Body samples may only be taken if person consents

                   An approved tester is not authorised to use force to take a body sample from a person.

Subdivision 99.C.1.2Powers of approved testers

99.125  Powers of approved testers

             (1)  In addition to any other powers set out in this Part, an approved tester has the powers specified in subregulation (2) in respect of taking a body sample from a donor for the following purposes:

                     (a)  conducting an initial drug test;

                     (b)  conducting an initial alcohol test or a confirmatory alcohol test (an alcohol test).

             (2)  For subregulation (1), the powers are the following:

                     (a)  the approved tester may require the donor to:

                              (i)  produce identification of the kind mentioned in subregulation (3) to the tester; and

                             (ii)  inform the tester of the donor’s date of birth, address and telephone number;

                     (b)  the tester may require from the donor’s employer the donor’s name, date of birth, address and telephone number if:

                              (i)  on being required to produce identification, the donor is unable to produce identification of a kind set out in subregulation (3) to the tester; and

                             (ii)  the donor’s employer is a DAMP organisation or a DAMP contractor;

                     (c)  the tester may require the donor to give a body sample for the drug or alcohol test;

                     (d)  the tester may require the donor to stop performing, or stop being available to perform, an applicable SSAA, for the time it takes to take a body sample for testing and to conduct an initial drug test or alcohol test on the sample;

                     (e)  the tester may require the donor to remain in the tester’s presence for the time it takes to take a body sample and conduct an initial drug test or alcohol test on the sample.

Note:          An approved tester may also ask for a body sample for a confirmatory drug test—see regulation 99.170.

             (3)  For subregulation (2), the kinds of identification are:

                     (a)  identification that:

                              (i)  contains a photograph of the donor and sets out the donor’s name, date of birth and address; and

                             (ii)  was issued by a Commonwealth, State, Territory or local government body; or

                     (b)  identification that is issued by a DAMP organisation that contains a photograph of the donor and the donor’s name; or

                     (c)  an ASIC; or

                     (d)  a passport.

Subdivision 99.C.1.3CASA to approve testing devices

99.130  Approved drug and alcohol testing devices

                   For drug and alcohol testing under this Subpart, CASA may by legislative instrument approve the following:

                     (a)  breathalysers for use in alcohol testing;

                     (b)  drug testing devices for use in initial drug testing.

Note:          All approved breathalysers may be used for an initial alcohol test. Only some approved breathalysers may be used for a confirmatory alcohol test—see regulation 99.250.

Division 99.C.2Drug testing

Subdivision 99.C.2.1General

99.135  Which body samples may be drug tested

                   An approved tester may only take a sample of a person’s oral fluid for drug testing under this Subpart.

99.140  How samples are taken and tested

                   An approved tester must take and prepare a body sample for drug testing in accordance with the procedures set out in a legislative instrument made by CASA for the purposes of this regulation.

99.145  Approved drug testing devices to be used for initial drug tests

             (1)  If an approved tester is conducting an initial drug test under this Subpart, the tester must use an approved drug testing device to do the test.

             (2)  The approved tester must ensure that the device is stored, tested, maintained and operated in accordance with the legislative instrument made by CASA for the purposes of this subregulation.

99.150  Method for determining sample identifiers

                   CASA must by legislative instrument specify a method for determining sample identifiers that are to be allocated to body samples that approved testers take under this Subpart and send for confirmatory drug tests.

Subdivision 99.C.2.2Initial drug tests

99.155  Taking samples

             (1)  For the purposes of obtaining a body sample for drug testing, an approved tester may require a donor to do any or all of the following:

                     (a)  swallow or otherwise remove substances from his or her mouth;

                     (b)  demonstrate to the tester that the donor’s mouth is free from foreign substances;

                     (c)  in the tester’s presence, rehydrate by drinking up to 300 ml of water within 15 minutes of being required to do so by the tester.

             (2)  If the approved tester has required the donor to drink water, the tester:

                     (a)  must not take the body sample sooner than the period of 10 minutes after the donor finishes drinking; and

                     (b)  must take the body sample as soon as practicable after the end of the period referred to in paragraph (a).

             (3)  For the purposes of obtaining the body sample, the approved tester may require the donor to:

                     (a)  abstain from smoking, eating, drinking or chewing for 10 minutes prior to the taking of sample; and

                     (b)  remain in the tester’s presence for that period.

99.160  Initial drug test

                   As soon as practicable after the approved tester has taken a body sample from a donor for a drug test, the tester must conduct an initial drug test on the sample.

99.165  If initial drug test result is not positive

                   If the result of an initial drug test is not a positive result, the approved tester must, as soon as practicable after the result is returned:

                     (a)  discard the body sample, or deal with the body sample in such a way that the sample cannot be identified as being given by the donor of it; and

                     (b)  tell the donor the approved tester’s name and allocated number, if requested by the donor.

99.170  If initial drug test result is positive

Further body sample may be taken

             (1)  If the result of an initial drug test is a positive result, the approved tester may take a further body sample from the donor for a confirmatory drug test.

             (2)  The further body sample, if any, must be taken as soon as practicable after the initial body sample was taken.

             (3)  The approved tester may send either the initial body sample or the further body sample for a confirmatory drug test.

             (4)  The approved tester must:

                     (a)  inform the donor which body sample will be used for the confirmatory drug test; and

                     (b)  discard the body sample that is not being used.

Notice to be given

             (5)  If the result of an initial drug test is a positive result, the approved tester must, as soon as practicable:

                     (a)  give the donor a notice that includes the information specified in subregulation 99.175(1) in respect of the test; and

                     (b)  give the approved laboratory to whom the body sample will be sent for a confirmatory drug test a notice that includes the information specified in subregulation 99.175(3); and

                     (c)  give CASA a notice that includes the information given to:

                              (i)  the donor under the notice given under paragraph (a); and

                             (ii)  the laboratory under paragraph (b).

             (6)  The notice to the approved laboratory under paragraph (5)(b) must accompany the body sample to the laboratory.

99.175  Notices of initial drug test

Notice to donor

             (1)  The notice given to the donor under paragraph 99.170(5)(a) must contain the following:

                     (a)  the donor’s name, date of birth, gender, residential address and telephone number, and an indication of whether those details were provided by the donor or the donor’s DAMP organisation (if any) or a DAMP contractor;

                     (b)  the date and time that the donor was asked by the approved tester to stop performing or being available to perform SSAAs for the purposes of giving a body sample for a drug test;

                     (c)  the applicable SSAA that the donor was performing or available to perform at the time the donor was tested;

                     (d)  the date, time and location of the place that an initial drug test was conducted on the donor’s body sample;

                     (e)  the test result for the initial drug test;

                      (f)  the initials of the tester and his or her allocated number;

                     (g)  the details of any photographic identification provided by the donor;

                     (h)  the make, model and serial number of the approved drug testing device used to conduct the initial drug test;

                      (i)  the sample identifier allocated to the body sample taken for a confirmatory drug test by the approved tester (see paragraph 99.180(1)(a));

                      (j)  a certification by the tester about whether the body sample has been taken and tested in accordance with the requirements of the Regulations and any applicable legislative instrument made by CASA under regulation 99.140;

                     (k)  a certification by the tester about whether the device has been stored, tested, maintained and operated in accordance with the legislative instrument made by CASA under subregulation 99.145(2).

Note:          Subregulation 99.180(7) may also require the notice to contain certain things.

Notice to approved laboratory

             (3)  For paragraph 99.170(5)(b), the notice must contain the following:

                     (a)  the sample identifier allocated to the body sample by the approved tester;

                     (b)  the date time that the body sample was given;

                     (c)  the results of the initial drug test;

                     (d)  the list of testable drugs that the tester wants the approved laboratory to test for in the confirmatory drug test;

                     (e)  the name of the approved tester.

99.180  Dealing with samples for confirmatory drug test

             (1)  If the result of an initial drug test is a positive result, as soon as practicable after the result is known, the approved tester must:

                     (a)  allocate to the body sample a sample identifier; and

                     (b)  divide the body sample into approximately equal lots to be known as Sample A and Sample B; and

                     (c)  place Sample A and Sample B into separate specimen tubes; and

                     (d)  place both tubes into a single container.

             (2)  In allocating the sample identifier under paragraph (1)(a), the approved tester must use the method specified in a legislative instrument made by CASA under regulation 99.150.

             (3)  The amount of body sample in Sample A and Sample B must be sufficient for a confirmatory drug test to be conducted.

             (4)  Immediately before the body sample is placed in them, the tubes must:

                     (a)  be in the packages provided by the manufacturer; and

                     (b)  not have been used for any purpose; and

                     (c)  be in such a condition that they do not affect the quality of the body sample taken.

             (5)  As soon as practicable after placing Sample A and Sample B into separate specimen tubes, the approved tester must:

                     (a)  securely seal each tube with tamper‑evident seals; and

                     (b)  label each tube with the following information:

                              (i)  the tester’s initials;

                             (ii)  the sample identifier for the body sample;

                            (iii)  information about whether the tube contains Sample A or Sample B.

             (6)  The approved tester must ask the donor to:

                     (a)  witness the tester’s actions under this regulation in respect of the body sample; and

                     (b)  initial the tamper‑evident seals on the tubes; and

                     (c)  sign the notice given to the donor under regulation 99.175.

             (7)  If the donor refuses a request made by the approved tester under subregulation (6), the tester must, in the notice given under paragraph 99.170(5)(a), set out that fact.

99.185  Transporting samples

             (1)  As soon as practicable after placing a body sample into specimen tubes, the approved tester must cause the tubes to be sent to an approved laboratory for confirmatory drug testing.

             (2)  The approved tester must send the specimen tubes in a way that results in the tubes arriving at the approved laboratory as soon as practicable after the tester places the body sample into the tubes.

Note:          Under subregulation 99.170(6), a notice from the approved tester must accompany the samples to the approved laboratory.

             (3)  The specimen tubes must be stored prior to transport and transported in such a way that the integrity of the body sample is preserved.

Subdivision 99.C.2.3Receipt and storage of samples by approved laboratories

99.190  Receipt of samples

             (1)  If an approved laboratory receives a body sample divided into Sample A and Sample B for a confirmatory drug test, the laboratory must, as soon as practicable after receiving the specimen tubes:

                     (a)  inspect each tube for damage; and

                     (b)  check that the seals on the tubes are intact.

             (2)  If a seal on a specimen tube is not intact, or a specimen tube is damaged in such a way that the integrity of the body sample may have been compromised, the laboratory must:

                     (a)  not test the part of the body sample contained in the tube; and

                     (b)  discard the contents of the tube.

             (3)  If the laboratory discards the contents of both of the specimen tubes, as soon as practicable after the day the laboratory received the tubes, the laboratory must send to CASA a dated, written notice that includes the following information:

                     (a)  the date and time of receipt of the body sample at the laboratory;

                     (b)  the sample identifier for the body sample;

                     (c)  a statement about why both tubes were discarded.

             (4)  As soon as practicable after CASA receives the notice from the laboratory, CASA must give a written a notice to the donor that includes the following:

                     (a)  the sample identifier for the body sample;

                     (b)  a statement:

                              (i)  that neither Sample A nor Sample B could be tested because the integrity of the body samples had been compromised; and

                             (ii)  that both Sample A and Sample B were discarded by the laboratory.

99.195  Storage of samples

If neither Sample A nor Sample B is discarded

             (1)  Subregulations (2), (3) and (4) apply if:

                     (a)  an approved laboratory receives a body sample for a confirmatory drug test that is divided into Sample A and Sample B; and

                     (b)  neither Sample A nor Sample B is discarded under subregulation 99.190(2) or (3).

             (2)  Sample A and Sample B must be stored in a secured refrigeration unit until Sample A is tested.

             (3)  If the test result for the confirmatory drug test on Sample A is a positive result, Sample B must be:

                     (a)  stored in a secure freezer; and

                     (b)  kept for 100 days from the date of the positive result and then discarded.

             (4)  If the test result for Sample A is not a positive result, Sample B must be discarded.

If one of the specimen tubes is discarded

             (5)  If:

                     (a)  an approved laboratory receives a body sample for a confirmatory drug test that is divided into Sample A and Sample B; and

                     (b)  either Sample A or Sample B is discarded under subregulation 99.190(2);

then the remaining specimen tube must be stored in a secured refrigeration unit until it is tested.

Subdivision 99.C.2.4Conduct of drug tests by approved laboratories

99.200  Testing Sample A

             (1)  An approved laboratory must test Sample A of a body sample it receives for confirmatory drug testing if the laboratory is satisfied that Sample A retains its integrity.

             (2)  If the integrity of Sample A of a body sample may have been compromised, or the Sample A is for some reason unavailable for confirmatory drug testing, the approved laboratory must deal with Sample B of the body sample as if it were Sample A.

             (3)  These Regulations apply to the Sample B accordingly.

             (4)  If Sample B of the body sample is to be dealt with as if it were Sample A, Sample B is to be known as Sample A from the time that Sample B, under this regulation, is required to be dealt with as Sample A.

99.205  Samples to be tested in accordance with National Association of Testing Authorities’ accreditation

                   An approved laboratory must test body samples received under this Subpart in accordance with the laboratory’s accreditation by the National Association of Testing Authorities.

99.210  Notices of Sample A results

Laboratory to CASA

             (1)  As soon as practicable after a confirmatory test is conducted on Sample A of a body sample by an approved laboratory, the laboratory must send to CASA a dated, written notice that includes the following:

                     (a)  the date and time of receipt of the body sample at the laboratory;

                     (b)  the sample identifier for the body sample;

                     (c)  a statement as to whether the tamper‑evident seals on the specimen tubes containing the body sample were intact on receipt by the laboratory;

                     (d)  the list of testable drugs that the approved tester of the initial drug test asked to be tested;

                     (e)  the date and time that Sample A was tested;

                      (f)  the method used for the testing;

                     (g)  the target concentrations of the testing;

                     (h)  the result of the test;

                      (i)  a statement about whether the body sample has been tested in accordance with these Regulations, and any conditions attached to the laboratory’s National Association of Testing Authorities accreditation;

                      (j)  the name of the person who declared the results of the test.

             (2)  The notice must be signed by the laboratory’s approved person.

CASA to donor—oral notice

             (3)  As soon as practicable after CASA receives the notice from the laboratory, CASA must give oral notice to the donor of the body sample of the confirmatory test result on Sample A.

CASA to donor—written notice

             (4)  As soon as practicable after CASA gives the oral notice, CASA must give a written notice to the donor that includes the following:

                     (a)  the sample identifier for Sample A and Sample B;

                     (b)  the list of testable drugs that were tested for;

                     (c)  a statement as to whether the tamper‑evident seals on the specimen tubes containing the body sample were intact on receipt by the approved laboratory that tested them;

                     (d)  the date and time that Sample A was tested;

                     (e)  the method used for the testing;

                      (f)  the target concentrations of the testing;

                     (g)  the result of the test;

                     (h)  a statement about whether the body sample has been tested in accordance with these Regulations and any conditions attached to the laboratory’s National Association of Testing Authorities accreditation;

                      (i)  if the result of the test is a positive result:

                              (i)  information about the donor’s rights to have Sample B tested; and

                             (ii)  information about how the donor gets Sample B tested and the costs associated with that testing.

99.215  Donor may request testing of Sample B

             (1)  If the test result for Sample A of a body sample is a positive result, the donor of the body sample may apply to CASA to either:

                     (a)  have conducted on Sample B of the body sample a further confirmatory drug test by the approved laboratory (the original laboratory) that tested Sample A; or

                     (b)  have Sample B transferred to another approved laboratory (the second laboratory) for a further confirmatory drug test.

Note:          If the integrity of either Sample A or Sample B of a body sample has been compromised, the compromised specimen tube will have been discarded. There will not be a Sample B to be tested because, under regulation 99.200, Sample B will become known as Sample A.

             (2)  The application must be made within 90 days of the date of the written notice of the test result for the confirmatory drug test on Sample A being given to the donor.

             (3)  The donor is liable to pay the costs of testing Sample B and any transportation costs associated with transporting Sample B to the second laboratory (if any).

Original laboratory to test Sample B

             (4)  If the original laboratory is advised by CASA to test Sample B, it must do so.

Second laboratory to test Sample B

             (5)  If the original laboratory is notified by CASA to transport Sample B to a specified second laboratory for testing, the original laboratory must package and transport Sample B as provided for in regulation 99.185 as if the original laboratory were the approved tester for the body sample.

             (6)  The original laboratory must send the specimen tube in a way that results in the tube arriving at the approved laboratory as soon as practicable.

             (7)  The specimen tubes must be stored prior to transport and transported in such a way that the integrity of the body sample is preserved.

             (8)  CASA must notify the second laboratory of the matters specified in subregulation 99.175(3) in respect of Sample B.

             (9)  On receipt of Sample B, the second laboratory must:

                     (a)  test the sample in accordance with the notice; and

                     (b)  deal with the sample as if it were the original laboratory and these Regulations apply to that second laboratory accordingly.

99.220  Approved laboratory to keep Sample B

             (1)  This regulation applies if:

                     (a)  an approved laboratory receives a body sample for a confirmatory drug test that is divided into Sample A and Sample B; and

                     (b)  the test result for the confirmatory drug test on Sample A is a positive result; and

                     (c)  there is a Sample B remaining after Sample A is tested.

             (2)  The approved laboratory must keep Sample B for the 100‑day period specified in paragraph 99.195(3)(b), unless the donor:

                     (a)  applies to CASA to have a confirmatory drug test conducted on Sample B; and

                     (b)  applies within 90 days of the date of the written notice of the test result for the confirmatory drug test on Sample A being given to the donor.

             (3)  If the donor does not apply to CASA within the 90‑day period mentioned in subregulation (2), the approved laboratory must discard Sample B at the end of the 100‑day period specified in paragraph 99.195(3)(b).

99.225  Notices of Sample B results

             (1)  If a confirmatory drug test is conducted on Sample B of a body sample, the notices specified in subregulation 99.210(1) and (3) must be given in respect of that test.

             (2)  The notices must be given in the form and within the timeframes required by regulation 99.210.

             (3)  The written notice to the donor must contain the following:

                     (a)  the sample identifier for Sample A and Sample B;

                     (b)  a statement that Sample B was tested;

                     (c)  a statement as to whether the tamper‑evident seals on the specimen tubes containing the body sample were intact on receipt by the approved laboratory that tested them;

                     (d)  the list of testable drugs that were tested for;

                     (e)  the date and time that Sample B was tested;

                      (f)  the method used for the testing;

                     (g)  the target concentrations of the testing;

                     (h)  the result of the test;

                      (i)  a statement about whether the sample has been tested in accordance with these Regulations and any conditions attached to the laboratory’s National Association of Testing Authorities accreditation.

99.230  Test results

             (1)  If a confirmatory drug test is conducted on Sample A of a body sample and the result is not a positive result, then the test result for the body sample is taken not to be a positive result.

             (2)  Subject to subregulations (4) and (5), if a confirmatory drug test is conducted on Sample A of a body sample and the result is a positive result, then the test result for the body sample is taken to be a positive result.

             (3)  Subject to subregulation (5), if:

                     (a)  a confirmatory drug test is conducted on Sample A of a body sample and the result is a positive result; and

                     (b)  the donor applies to CASA to have a confirmatory drug test conducted on Sample B of a body sample before the expiry of the period mentioned in subregulation 99.215(2); and

                     (c)  the result of the test on Sample B is a positive result;

then the test result for the body sample is taken to be a positive result.

             (4)  If:

                     (a)  a confirmatory drug test is conducted on Sample A of a body sample and the result is a positive result; and

                     (b)  the donor applies to CASA to have a confirmatory drug test conducted on Sample B of the sample before the expiry of the period mentioned in subregulation 99.215(2); and

                     (c)  the result of the test on Sample B is not a positive result, or Sample B is not available to be tested;

then, despite the positive result for Sample A, the test result for the body sample is taken not to be a positive result.

Note:          Under regulation 99.200, Sample B may have been dealt with as if it were Sample A. In that case, there will not be a Sample B to test.

             (5)  A positive result for a confirmatory drug test on either Sample A or Sample B of a body sample is taken not to be a positive result for the sample if a CASA medical review officer has determined that the test result for the sample could be the result of legitimate therapeutic treatment or some other innocuous source.

Subdivision 99.C.2.5Record‑keeping

99.235  Approved laboratory to keep records

             (1)  An approved laboratory must keep a copy of a notice sent under regulation 99.210 for 7 years from the date the notice was sent.

Penalty:  50 penalty units.

             (2)  The laboratory must keep the copy in a secure location.

Penalty:  50 penalty units.

             (3)  During the 7‑year period, the laboratory must provide a copy of the notice to CASA if required to.

Penalty:  50 penalty units.

             (4)  An offence against subregulation (1), (2) or (3) is an offence of strict liability.

             (5)  Subject to any requirement in any other Commonwealth, State or Territory law, the copy must be destroyed at the end of the 7‑year period.

Division 99.C.3Alcohol testing

99.240  Which body samples may be alcohol tested

                   An approved tester conducting an alcohol test under this Subpart may only take a sample of a person’s breath for testing.

99.245  How samples are taken and tested

                   An approved tester must take body samples for alcohol testing in accordance with the procedures set out in a legislative instrument made by CASA for the purposes of this regulation.

99.250  Approved breathalysers to be used in alcohol tests

             (1)  If an approved tester is conducting an initial alcohol test under this Subpart, the tester must only use an approved breathalyser to conduct the test.

             (2)  If the approved tester is conducting a confirmatory alcohol test under this Subpart, the tester must only use a breathalyser that:

                     (a)  is an approved breathalyser; and

                     (b)  meets the requirements of NMI R 126, Pattern Approval Specifications for Evidential Breath Analysers.

             (3)  The approved tester must ensure that the breathalyser is stored, tested, maintained and operated in accordance with a legislative instrument made for the purposes of this subregulation.

99.255  Alcohol tests

             (1)  To conduct an initial alcohol test, an approved tester must take a breath sample.

             (3)  If the result of the initial alcohol test is a positive result, the approved tester must take a further breath sample from the donor for a confirmatory alcohol test.

             (4)  The further sample must be taken as soon as practicable, but not sooner than 15 minutes, after the initial alcohol test sample was taken.

             (5)  After the result of the confirmatory alcohol test is available, the approved tester must give the donor a notice that includes the information specified in subregulation 99.265(1).

99.260  Test results

             (1)  If an initial alcohol test is conducted on a body sample and the result is not a positive result, then the test result for the body sample is taken not to be a positive result.

             (2)  If:

                     (a)  an initial alcohol test is conducted on a body sample and the result is a positive result; and

                     (b)  a confirmatory alcohol test in respect of the initial alcohol test is conducted on a body sample; and

                     (c)  the result of the confirmatory alcohol test is a positive result;

then the test result for the body sample is taken to be a positive result.

             (3)  If:

                     (a)  an initial alcohol test is conducted on a body sample and the result is a positive result; and

                     (b)  a confirmatory alcohol test is conducted on the body sample and the result of the test is not a positive result;

then, despite the positive result for the initial alcohol test, the result for the body sample is taken not to be a positive result.

99.265  Notice of alcohol test

             (1)  The notice given to the donor under subregulation 99.255(5) must contain the following:

                     (a)  the donor’s name, date of birth, gender, residential address and telephone number, and an indication of whether those details were provided by the donor or the donor’s DAMP organisation (if any);

                     (b)  the date and time that the donor was asked by the approved tester to stop performing or being available to perform SSAAs for the purposes of giving a body sample for an alcohol test;

                     (c)  the date, time and location of the place that the donor’s body sample was taken and tested;

                     (d)  the test result;

                     (e)  the applicable SSAA that the donor was performing or available to perform at the time the donor was tested;

                      (f)  the make, model and serial number of the approved breathalyser used to conduct the testing of the body sample;

                     (g)  the details of any photographic identification provided by the donor;

                     (h)  a certification by the approved tester about whether the body sample has been taken and tested in accordance with the requirements of the Regulations and any applicable legislative instrument made under regulation 99.245;

                      (i)  a certification by the tester about whether the breathalyser has been stored, tested, maintained and operated in accordance with the legislative instrument made under subregulation 99.250(3);

                      (j)  the initials of the tester and his or her allocated number.

             (2)  The approved tester must ask the donor to sign the notice at the time the approved tester gives the notice to the donor.

Subpart 99.DEvidentiary certificates and prescribed proceedings

Division 99.D.1Purposes of Subpart

99.275  Purposes of Subpart

                   This Subpart provides for the following:

                     (a)  evidentiary certificates (Division 99.D.2);

                     (b)  prescribed proceedings for paragraph 36(4)(d) of the Act (Division 99.D.3).

Division 99.D.2Evidentiary certificates

99.280  Certificates by approved tester

Matters relating to samples for initial drug tests

             (1)  A certificate that under subsection 36(4) of the Act is admissible in proceedings concerning an initial drug test must:

                     (a)  be signed by an approved tester; and

                     (b)  be in respect of a body sample taken by the tester for an initial drug test; and

                     (c)  be in respect of a body sample that the tester conducted an initial drug test on; and

                     (d)  state one or more of the matters set out in subregulation (3).

             (2)  Subject to regulation 99.305, if subregulation (1) is complied with, then the certificate is admissible as evidence of the matters stated in the certificate in any proceedings under the Act, these Regulations or the Criminal Code.

Note:          Regulation 99.315 prescribes proceedings under the Criminal Code for the purposes of paragraph 36(4)(d) of the Act.

             (3)  For paragraph (1)(d), the matters are as follows:

                     (a)  the approved tester’s allocated number;

                     (b)  that the tester who signed the certificate was an approved tester at the time the body sample was taken;

                     (c)  when the body sample was taken;

                     (d)  from whom the body sample was taken;

                     (e)  the applicable SSAA that the donor was performing or available to perform at the time the body sample was taken;

                      (f)  the make, model and serial number of the approved drug testing device used to conduct the test on the body sample;

                     (g)  a description of the method of sampling;

                     (h)  whether the test conducted on the body sample was an initial drug test;

                      (i)  the result of the test conducted;

                      (j)  the sample identifier, if any, for the body sample.

Matters relating to alcohol tests

             (4)  A certificate that under subsection 36(4) of the Act is admissible in proceedings concerning an alcohol test under Subpart 99.C must:

                     (a)  be signed by an approved tester; and

                     (b)  be in respect of a body sample taken by the tester for an alcohol test; and

                     (c)  state one or more of the matters set out in subregulation (6).

             (5)  Subject to regulation 99.305, if subregulation (4) is complied with, then the certificate is admissible as evidence of the matters stated in the certificate in any proceedings under the Act, these Regulations or the Criminal Code.

Note:          Regulation 99.315 prescribes proceedings under the Criminal Code for the purposes of paragraph 36(4)(d) of the Act.

             (6)  For paragraph (4)(c), the matters are as follows:

                     (a)  the approved tester’s allocated number;

                     (b)  that the tester who signed the certificate was an approved tester at the time the body sample was taken;

                     (c)  when the body sample was taken;

                     (d)  from whom the body sample was taken;

                     (e)  the applicable SSAA that the donor was performing or available to perform at the time the body sample was taken;

                      (f)  the make, model and serial number of the approved breathalyser used to take the body sample and conduct the test;

                     (g)  a description of the method of sampling;

                     (h)  the alcohol test conducted on the body sample;

                      (i)  the result of the test conducted.

99.285  Certificates by approved laboratory

             (1)  A certificate that under subsection 36(4) of the Act is admissible in proceedings concerning a confirmatory drug test must:

                     (a)  be signed by an approved laboratory; and

                     (b)  be in respect of a body sample on which a confirmatory drug test was conducted by the laboratory; and

                     (c)  state one or more of the matters set out in subregulation (3).

             (2)  Subject to regulation 99.305, if subregulation (1) is complied with, then the certificate is admissible as evidence of the matters stated in the certificate in any proceedings under the Act, these Regulations or the Criminal Code.

Note:          Regulation 99.315 prescribes proceedings under the Criminal Code for the purposes of paragraph 36(4)(d) of the Act.

             (3)  For paragraph (1)(c), the matters are as follows:

                     (a)  the sample identifier for the body sample;

                     (b)  that the person who signed the certificate was an approved laboratory or the laboratory’s approved person at the time the certificate was signed;

                     (c)  when the body sample was received;

                     (d)  what, if any, labels or other means of identifying the body sample accompanied the body sample when it was received;

                     (e)  what container or containers the body sample was contained in when it was received;

                      (f)  the state of the seals on the container or containers when the body sample was received;

                     (g)  the state of the container or containers when the body sample was received;

                     (h)  when the body sample was tested;

                      (i)  a description of the way in which the body sample was stored by the laboratory;

                      (j)  a description of the method of testing;

                     (k)  the testable drugs tested for;

                      (l)  the result of the test conducted.

99.290  Document taken to be a certificate unless contrary intention established

                   For the purposes of this Subpart, a document purporting to be a certificate referred to in regulation 99.280 or 99.285 is, unless the contrary intention is established, taken to be such a certificate and to have been duly given.

99.295  Certificate not to be admitted unless copy given

                   A certificate must not be admitted in evidence under regulation 99.280 or 99.285 in any proceedings under the Act, these Regulations or the Criminal Code unless:

                     (a)  the person charged with the offence; or

                     (b)  a barrister or solicitor who has appears for the person in those proceedings;

has, at least 14 days before the certificate is sought to be so admitted, been given a copy of the certificate together with reasonable notice of the intention to produce the certificate as evidence in the proceedings.

99.300  Person signing the certificate may be called to give evidence

             (1)  Subject to subregulation (2), if, under regulation 99.280 or 99.285, a certificate is admitted in evidence in proceedings, the person charged with the offence may require the person who signed the certificate to be called as a witness for the prosecution and cross‑examined as if he or she had given evidence of the matters stated in the certificate.

             (2)  Subregulation (1) does not entitle the person charged to require the person who signed the certificate to be called as a witness for the prosecution unless:

                     (a)  the prosecutor has been given at least 4 days notice of the person’s intention to require the person who signed the certificate to be so called; or

                     (b)  the Court, by order, grants the person’s application to require the calling of the witness.

99.305  Rebuttal evidence

             (1)  Any evidence given in support, or in rebuttal, of a matter stated in a certificate given under regulation 99.280 or 99.285 must be considered on its merits, and the credibility and probative value of such evidence must be neither increased nor diminished because of this Subpart.

             (2)  The evidential burden in rebutting a matter stated in a certificate given under regulation 99.280 or 99.285 is on the balance of probabilities.

99.310  CASA may ask for full certificate

             (1)  CASA may, by notice in writing, ask:

                     (a)  an approved tester to provide a certificate, under subregulation 99.280(1) or (4); or

                     (b)  an approved laboratory to provide a certificate, under regulation 99.285;

that contains all of the matters listed in the particular provision.

             (2)  The approved tester or approved laboratory must comply with the notice within 7 days of receiving it.

Penalty:  50 penalty units.

             (3)  An offence against subregulation (2) is an offence of strict liability.

Division 99.D.3Prescribed proceedings

99.315  Prescribed proceedings

                   For paragraph 36(4)(d) of the Act, proceedings under the Criminal Code are prescribed.

Subpart 99.EOffences for Subpart 99.C

Division 99.E.1Purposes of Subpart

99.320  Purposes of Subpart

                   This Subpart provides for the following:

                     (a)  offences relating to Subpart 99.C (Division 99.E.2);

                     (b)  CASA medical review officers (Division 99.E.3).

Division 99.E.2Offences

Subdivision 99.E.2.1Offences relating to giving a body sample

99.325  Failing to carry identification whilst undertaking applicable SSAA

             (1)  If:

                     (a)  a person is performing or available to perform an applicable SSAA; and

                     (b)  as part of the process of taking a body sample for a drug or alcohol test under Subpart 99.C, an approved tester requires the person to produce identification of a kind set out in subregulation (2);

the person must either:

                     (c)  immediately produce to the tester the identification; or

                     (d)  produce to the tester the identification within 1 hour after being required to do so.

Penalty:  10 penalty units.

             (2)  For subregulation (1), the kinds of identification are as follows:

                     (a)  identification that:

                              (i)  contains a photograph of the person and sets out the person’s name, date of birth and address; and

                             (ii)  was issued by a Commonwealth, State, Territory or local government body;

                     (b)  identification that is issued by a DAMP organisation that contains a photograph of the person and the person’s name;

                     (c)  an ASIC;

                     (d)  a passport.

             (3)  An offence against subregulation (1) is an offence of strict liability.

99.330  Refusing or failing to give a body sample

             (1)  A person must not refuse or fail to give a body sample to an approved tester for a drug or alcohol test under Subpart 99.C if:

                     (a)  the person is performing or available to perform an applicable SSAA; and

                     (b)  at the time the person is performing or available to perform the applicable SSAA, the person is required to give a body sample for a drug or alcohol test by the approved tester; and

                     (c)  the approved tester, in requiring and taking or seeking to take the body sample, complies with the requirements of this Part or any legislative instrument made under this Part.

Penalty:  50 penalty units.

             (2)  It is a defence to subregulation (1) if a person failed to give a body sample because the person had a medical condition that rendered the person unable to give the body sample.

             (3)  An offence against subregulation (1) is an offence of strict liability.

99.335  Continuing to perform applicable SSAA after refusing a drug or alcohol test or failing to give a body sample

             (1)  This regulation applies if:

                     (a)  a person is performing or available to perform an applicable SSAA; and

                     (b)  the person is required by an approved tester to provide a body sample for a drug or alcohol test under Subpart 99.C; and

                     (c)  the person:

                              (i)  refuses to provide a body sample to be tested; or

                             (ii)  fails to provide a body sample to be tested.

             (2)  The person must not again perform or be available to perform an applicable SSAA until the person is drug or alcohol tested under this Part.

Penalty:  50 penalty units.

Note 1:       If the person receives a confirmatory drug test and the result is a positive result, the person may be liable to an offence if the person contravenes regulation 99.380.

Note 2:       It is an offence for the person to contravene regulation 99.345 or 99.380 in respect of the drug test.

             (3)  An offence against subregulation (2) is an offence of strict liability.

99.340  Failing to stop performing an applicable SSAA

             (1)  If an approved tester requires a person to stop performing or being available to perform an applicable SSAA for the time it takes for the tester to take a body sample from the person and conduct a drug or alcohol test under Subpart 99.C on the body sample, the person must comply with the requirement.

Penalty:  50 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

99.345  Failing to remain in approved tester’s presence

             (1)  If an approved tester requires a person to remain in the tester’s presence for the time it takes for the tester to take a body sample from the person and conduct a drug or alcohol test under Subpart 99.C on the body sample, the person must comply with the requirement.

Penalty:  50 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

99.350  Person must not interfere with integrity of body sample

             (1)  If a person is giving, or has given, a body sample for a drug or alcohol test under this Part, a person must not interfere with the integrity of that sample.

Penalty:  50 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

Subdivision 99.E.2.2Offences occurring after positive test result

99.355  Continuing to perform applicable SSAA between having initial drug test and confirmatory drug test

             (1)  This regulation applies if:

                     (a)  a person is performing or available to perform an applicable SSAA; and

                     (b)  the person receives an initial drug test; and

                     (c)  the result of the initial drug test is a positive result; and

                     (d)  the person’s body sample in respect of the initial drug test is being subjected to confirmatory drug testing by an approved laboratory.

             (2)  The person must not again perform or become available to perform an applicable SSAA until the person has received a confirmatory drug test in respect of the initial drug test.

Penalty:  50 penalty units

Note:          Regulation 99.360 provides an offence for performing or being available to perform an applicable SSAA after a confirmatory drug test has been given and before the results of that confirmatory drug test are returned.

             (3)  An offence against subregulation (2) is an offence of strict liability.

             (4)  It is not an offence against subregulation (2) for a person to perform or become available to perform an applicable SSAA if the person’s body sample cannot be subjected to confirmatory drug testing by an approved laboratory.

99.360  Continuing to perform applicable SSAA after having confirmatory drug test and before result returned

             (1)  This regulation applies if:

                     (a)  a person is performing or available to perform an applicable SSAA; and

                     (b)  the person receives an initial drug test; and

                     (c)  the result of the initial drug test is a positive result; and

                     (d)  the person receives a confirmatory drug test in respect of the initial drug test; and

                     (e)  the test result for the confirmatory drug test has not been returned to the person.

             (2)  The person must not again perform or be available to perform an applicable SSAA until the result of the confirmatory drug test has been returned to the person.

Penalty:  50 penalty units.

Note:          If the returned test result is a positive result, then the person may be liable to an offence if the person contravenes regulation 99.380.

             (3)  An offence against subregulation (2) is an offence of strict liability.

             (4)  It is not an offence against subregulation (2) for a person to perform or become available to perform an applicable SSAA if a test result for the confirmatory drug test cannot be returned to the person because it was not possible to conduct the confirmatory drug test.

99.365  Continuing to perform applicable SSAA before confirmatory alcohol test result returned

             (1)  This regulation applies if:

                     (a)  a person is performing or available to perform an applicable SSAA; and

                     (b)  the person receives an initial alcohol test; and

                     (c)  the initial alcohol test result is a positive result.

             (2)  The person must not again perform or be available to perform an applicable SSAA until the person has:

                     (a)  received a confirmatory alcohol test in respect of the initial alcohol test; and

                     (b)  the test result for the confirmatory alcohol test has been returned to the person.

Penalty:  50 penalty units

Note:          If the returned test result is a positive result, then the person may be liable to an offence if the person contravenes regulation 99.385.

             (3)  An offence against subregulation (2) is an offence of strict liability.

99.370  Performing applicable SSAA showing positive result for testable drug

             (1)  A person must not perform or be available to perform an applicable SSAA if:

                     (a)  while the person is performing or available to perform an applicable SSAA, the person gives a body sample for an initial drug test under Subpart 99.C; and

                     (b)  a confirmatory drug test in respect of the initial drug test is conducted on Sample A of the person’s body sample; and

                     (c)  the result of the confirmatory drug test on Sample A is a positive result.

Penalty:  50 penalty units.

Note:          Regulation 99.230 deals with how you determine the results of confirmatory drug tests.

             (2)  It is a defence to subregulation (1) if Sample B of the person’s body sample is tested within the period specified in subregulation 99.215(2) and returns a result that is not positive.

             (3)  Subregulation (1) applies to create an offence in respect only of the applicable SSAA that the person was performing or available to perform at the time that the body sample for the initial drug test was taken.

             (4)  An offence against subregulation (1) is an offence of strict liability.

99.375  Performing applicable SSAA while showing positive result for a confirmatory alcohol test

             (1)  A person must not perform or be available to perform an applicable SSAA if:

                     (a)  while the person is performing or available to perform an applicable SSAA, the person gives a body sample for an initial alcohol test under Subpart 99.C; and

                     (b)  the person gives a body sample for a confirmatory alcohol test in respect of the initial alcohol test; and

                     (c)  the result of the confirmatory alcohol test is a positive result.

Penalty:  50 penalty units.

Note:          Regulation 99.260 deals with how you determine the results of alcohol tests.

             (2)  Subregulation (1) applies to create an offence in respect only of the applicable SSAA that the person was performing or available to perform at the time that the body sample for the initial alcohol test was taken.

             (3)  An offence against subregulation (1) is an offence of strict liability.

Subdivision 99.E.2.3Offences relating to returning to SSAAs after positive test result

99.380  Continuing to perform applicable SSAA after having confirmatory drug test

             (1)  This regulation applies if:

                     (a)  a person is performing or available to perform an applicable SSAA; and

                     (b)  the person receives an initial drug test; and

                     (c)  the initial drug test result is a positive result; and

                     (d)  the person receives a confirmatory drug test in respect of the initial drug test; and

                     (e)  the test result for the confirmatory drug test is a positive result.

             (2)  The person must not again perform or be available to perform an applicable SSAA until all of the following have occurred:

                     (a)  the person has undergone a comprehensive assessment;

                     (b)  if the comprehensive assessment recommended the person commence a drug or alcohol intervention program—the person has begun participating in a nominated drug or alcohol intervention program;

                     (c)  the person is considered fit to resume performing, or being available to perform, an applicable SSAA by:

                              (i)  if the person is an employee of a DAMP and the DAMP was notified of the test result for the confirmatory drug test by CASA—a DAMP medical review officer; or

                             (ii)  in any other case—a CASA medical review officer;

                     (d)  the person is considered fit to resume performing, or being available to perform, an applicable SSAA by the person’s treating clinician, if any;

                     (e)  at the time the person was considered fit under paragraphs (c) and (d), the person receives a confirmatory drug test and records, for the test, a result that was not a positive result.

Penalty:  50 penalty units.

Note:          Regulation 99.230 deals with test results for body samples that are drug tested.

             (3)  An offence against subregulation (2) is an offence of strict liability.

99.385  Continuing to perform applicable SSAA after confirmatory alcohol test

             (1)  This regulation applies if:

                     (a)  a person was performing or available to perform an applicable SSAA; and

                     (b)  the person has had an initial alcohol test; and

                     (c)  the test result for the initial alcohol test was a positive result; and

                     (d)  the person has had a confirmatory alcohol test in respect of the initial alcohol test; and

                     (e)  the test result for the confirmatory alcohol test was again a positive result.

             (2)  The person must not again perform or become available to perform an applicable SSAA until all of the following have occurred:

                     (a)  the person has undergone a comprehensive assessment;

                     (b)  if the comprehensive assessment recommended the person commence a drug or alcohol intervention program—the person has begun participating in a nominated drug or alcohol intervention program;

                     (c)  the person is considered fit to resume performing, or being available to perform, an applicable SSAA by:

                              (i)  if the person is an employee of a DAMP and the DAMP was notified of the test result for the confirmatory alcohol test by CASA—a DAMP medical review officer; or

                             (ii)  in any other case—a CASA medical review officer;

                     (d)  the person is considered fit to resume performing, or being available to perform, an applicable SSAA by the person’s treating clinician, if any.

Penalty:  50 penalty units.

Note:          Regulation 99.260 deals with test results for body samples that are alcohol tested.

             (3)  An offence against subregulation (2) is an offence of strict liability.

Division 99.E.3CASA medical review officers

99.390  CASA medical review officers

             (1)  CASA may, in writing, appoint a person entitled to practice as a medical practitioner under a law of a State or Territory to be a CASA medical review officer for the purposes of Subpart 99.C.

             (2)  A CASA medical review officer must review:

                     (a)  a positive result for a drug or alcohol test; and

                     (b)  medical information concerning a person’s failure to give a body sample for drug or alcohol testing because of a medical condition;

before the result or failure is referred for action for an offence under this Subpart, or for other action under the Act or these Regulations.

             (3)  CASA must take into account the results of a review carried out by a CASA medical review officer under subregulation (2) before it makes a decision to refer a positive result for action for an offence under this Subpart or for other action under the Act or these Regulations.

Subpart 99.FProvision of information

Division 99.F.1Purposes of Subpart

99.395  Purposes of Subpart

                   This Subpart provides for the exchange of information about drug and alcohol tests between CASA and DAMP organisations, and CASA and foreign operators.

Division 99.F.2Information

99.400  Drug or alcohol test information given or required by CASA

             (1)  If:

                     (a)  a drug or alcohol test is conducted on a person under Subpart 99.C; and

                     (b)  the person is a SSAA employee of a DAMP organisation or an employee of a foreign operator; and

                     (c)  the result of the test is a positive result;

CASA may notify the organisation or foreign operator of the matters set out in a notice given to the person under Subpart 99.C.

If CASA notifies a DAMP organisation

             (2)  If CASA notifies a DAMP organisation under subregulation (1) of the results of the test, CASA may require the organisation, by notice in writing, to provide CASA with the information set out in subregulation (3) in respect of the employee.

          (2A)  If, under subregulation (2), CASA requires a DAMP organisation to provide CASA with information, the DAMP organisation must, in writing, provide CASA with that information.

Penalty:  50 penalty units.

             (3)  CASA may require:

                     (a)  information about what, if any, action was taken by the DAMP organisation under its DAMP in respect of the employee and the test result; and

                     (b)  information about when, after the result of the test became known, the employee again performed or became available to perform a SSAA; and

                     (c)  if the employee ceases to be a SSAA employee of the organisation—information about whether the employee so ceased:

                              (i)  before the employee had completed attending a nominated drug or alcohol intervention program; or

                             (ii)  before the employee had been approved by the organisation to again perform or be available to perform a SSAA.

If CASA notifies foreign operator

             (4)  If CASA notifies the foreign operator under subregulation (1) of the results of the test, CASA may require the operator, by notice in writing, to provide CASA with the information relating to the test result specified in the notice.

             (5)  If, under subregulation (4), CASA requires a foreign operator to provide CASA with information, the operator must, in writing, provide CASA with that information.

Penalty:  50 penalty units.

             (6)  An offence against subregulation (2A) or (5) is an offence of strict liability.

99.405  Information that must be given to CASA following drug or alcohol test

             (1)  This regulation applies if:

                     (a)  CASA notifies a DAMP organisation of a person’s test results in accordance with subregulation 99.400(1); and

                     (b)  the person is a SSAA employee of the DAMP; and

                     (c)  the person ceases to be a SSAA employee of the DAMP organisation for any reason; and

                     (d)  the cessation occurs after the test and before the employee:

                              (i)  resumes performing or being available to perform an applicable SSAA with the organisation; or

                             (ii)  satisfactorily completes a nominated drug or alcohol intervention program.

             (2)  The DAMP organisation must, in writing, provide CASA with the information set out in subregulation (3) in respect of the employee.

Penalty:  50 penalty units.

             (3)  The information is the following:

                     (a)  the employee’s name and address;

                     (b)  the employee’s ARN, if any;

                     (c)  the date the employee ceased to work for the DAMP organisation.

             (4)  An offence against subregulation (2) is an offence of strict liability.

Subpart 99.GCASA’s powers in relation to civil aviation authorisations

Division 99.G.1Purposes of Subpart

99.410  Purposes of Subpart

                   This Subpart provides for CASA to vary, suspend or cancel a person’s civil aviation authorisation in certain circumstances.

Note:          CAR 269 allows CASA to vary, suspend or cancel a licence, certificate or authority, but under that regulation CASA must give the holder of the licence, certificate or authority notice and allow the holder an opportunity to show cause why the licence, certificate or authority should not be varied, suspended or cancelled.

99.415  When CASA may vary, suspend or cancel a civil aviation authorisation

             (1)  CASA may, in writing, vary, suspend or cancel a person’s civil aviation authorisation in the interests of aviation safety in the following circumstances:

                     (a)  if:

                              (i)  the person gives a body sample for drug or alcohol testing under Subpart 99.C; and

                             (ii)  a confirmatory alcohol test or confirmatory drug test is conducted on the sample; and

                            (iii)  the test result is a positive result;

                     (b)  if a person refuses to give a body sample for drug or alcohol testing under Subpart 99.C.

             (2)  If CASA determines that a person has contravened the requirements of a regulation in Division 99.E.2 (other than subregulation 99.325(1)), CASA may, in writing, vary, suspend or cancel the person’s civil aviation authorisation in the interests of aviation safety.

             (3)  If:

                     (a)  CASA determines that a person has contravened the requirements of a regulation in Subpart 99.B or 99.F; and

                     (b)  the person holds a civil aviation authorisation;

CASA may, in writing, vary, suspend or cancel the person’s civil aviation authorisation in the interests of aviation safety.

             (4)  Before making a decision to vary, suspend or cancel a person’s civil aviation authorisation under subregulation (3), CASA must:

                     (a)  give the person a notice setting out the reasons why CASA is considering making the decision; and

                     (b)  allow the person to show cause, within such reasonable time as CASA specifies in the notice, why CASA should not make the decision.

Note:          See section 31 of the Act for review of a decision under this regulation.

99.420  When variation, suspension or cancellation takes effect

                   A variation, suspension or cancellation of a civil aviation authorisation under regulation 99.415 takes effect from the date and time (if any) specified in the variation, suspension or cancellation.

99.425  Notice

             (1)  If CASA varies, suspends or cancels a person’s civil aviation authorisation under regulation 99.415, CASA must, as soon as practicable after the variation, suspension or cancellation, give the person a notice of the variation, suspension or cancellation that contains the following information:

                     (a)  whether the person’s authorisation is varied, suspended or cancelled;

                     (b)  the authorisation that is so varied, suspended or cancelled;

                     (c)  the reason for the variation, suspension or cancellation;

                     (d)  the time (if any) and date that the variation, suspension or cancellation takes effect.

             (2)  If the notice given under subregulation (1) is not a written notice, CASA must, within 48 hours after giving the notice under that subregulation, give the person a written notice of the matters specified in that subregulation.

99.430  Effect of effluxion of time in relation to the suspension of civil aviation authorisation

             (1)  If a civil aviation authorisation is suspended under this Subpart, the authorisation has no force or effect for the duration of the suspension, but the period of currency of the authorisation continues to run.

             (2)  If the period for which the authorisation is suspended is a period expiring after the expiration of the current period of the authorisation, the holder of the authorisation is not eligible for renewal of the authorisation until the period of suspension has expired.

99.435  Effect of suspension of civil aviation authorisation

                   If CASA suspends a civil aviation authorisation under this Subpart, its holder is taken not to be the holder of the authorisation during the period of the suspension.

Subpart 99.HApproved testers and authorisations to conduct drug and alcohol tests

Division 99.H.1Purposes of Subpart

99.440  Purposes of Subpart

                   This Subpart provides for the following:

                     (a)  approvals and authorisations of persons to take body samples and conduct drug and alcohol tests (Division 99.H.2);

                     (b)  obligations on approved testers, and protection of approved testers from liability in certain cases (Division 99.H.3);

                     (c)  powers of approved testers (Division 99.H.4);

                     (d)  identity cards for approved testers (Division 99.H.5);

                     (e)  notices for approved testers (Division 99.H.6).

Division 99.H.2Approvals and authorisations

99.445  CASA may approve persons to take body samples and conduct tests

             (1)  A person may apply to CASA, in writing, for approval to take body samples for the purposes of Part IV of the Act.

          (1A)  Subject to regulation 11.055, CASA must grant the approval.

             (2)  A person may apply to CASA, in writing, for approval to conduct alcohol tests and initial drug tests for the purposes of Part IV of the Act.

          (2A)  Subject to regulation 11.055, CASA must grant the approval.

          (2B)  A person may apply to CASA, in writing, for approval to conduct confirmatory drug tests for the purposes of Part IV of the Act.

             (3)  Subject to regulation 11.055, CASA must grant the approval if the National Association of Testing Authorities accredits the person:

                     (a)  to AS 4760, Procedures for specimen collection and the detection and quantitation of drugs in oral fluid; or

                     (b)  another Standard that is declared by CASA in a legislative instrument made for the purposes of this paragraph.

Note 1:       An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations—see regulation 11.030.

Note 2:       Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:

(a)    a decision refusing to issue, or cancelling, suspending or varying, an approval; or

(b)    a decision imposing a condition on an approval.

             (5)  If CASA approves a person under subregulation (1) or (2), CASA must allocate to the person a unique identifying number (an allocated number) for the purposes of this Subpart.

             (6)  The allocation must be in accordance with a method approved by CASA for the purposes of this subregulation.

             (7)  The allocated number may include a numeral, letter or other character.

99.450  Persons authorised to take body samples and conduct tests

             (1)  For subsection 36(2) of the Act, a person is authorised to take body samples for drug or alcohol tests under Subpart 99.C if the person is approved by CASA to do so under subregulation 99.445(1).

             (2)  For subsection 36(3) of the Act, a person is authorised to conduct alcohol tests or initial drug tests under Subpart 99.C if the person is approved by CASA to do that under subregulation 99.445(2).

             (3)  For subsection 36(3) of the Act, a person is authorised to conduct confirmatory drug tests under Subpart 99.C if the person is approved by CASA to do that under subregulation 99.445(3).

Division 99.H.3Obligations on approved testers and protection from liability

99.455  Obligations on approved testers

             (1)  An approved tester who wants to take a body sample from a donor must comply with the requirements of this Part in requiring, taking and dealing with the body sample.

             (2)  Before taking a body sample from a donor, an approved tester must give the donor notice, in relation to any information about the donor that is collected by the tester, that meets the requirements of Information Privacy Principle 2 of the Privacy Act 1988.

             (3)  The tester must ensure that he or she does not delay the donor for longer than is necessary to take the body sample and to conduct the test.

99.460  Approved testers not liable in certain cases

                   An approved tester is not liable to an action, suit or proceeding for or in relation to an act done or omitted to be done, in good faith in the performance or exercise, or the purported performance or exercise, of a function or power conferred by this Part.

Division 99.H.4Powers of approved testers

99.465  Approved testers’ powers to access premises

             (1)  Subject to any aviation security requirements, an approved tester must, at all reasonable times, have access to any place to which access is necessary for the purposes of carrying out any of the approved tester’s powers and functions under this Part.

             (2)  A person must not prevent, or hinder, access by an approved tester to any place to which access is necessary for the purposes of carrying out any of the approved tester’s powers or functions under this Part.

Penalty:  50 penalty units.

             (3)  An offence against subregulation (2) is an offence of strict liability.

             (4)  An approved tester must produce his or her identity card for inspection if asked to do so by the occupier or person in charge, or apparently in charge, of the place to which the tester seeks access.

             (5)  If an approved tester:

                     (a)  is acting as an approved tester; and

                     (b)  seeks or is allowed access to a place specified in subregulation (1); and

                     (c)  fails to produce his or her identity card for inspection when asked to do so;

the tester is not authorised to access the place under that subregulation and, if access has been given to the tester, the tester must leave the place.

Division 99.H.5Identity cards

99.470  Identity cards

             (1)  CASA must issue an approved tester with an identity card for the purposes of this Part.

             (2)  The identity card is valid for the period that the person has been approved under regulation 99.445, or until that approval is suspended or revoked.

             (3)  The card must:

                     (a)  contain a recent photograph of the person; and

                     (b)  specify whether the person is authorised to take body samples for drug or alcohol tests, or both; and

                     (c)  specify that the person is authorised to conduct alcohol tests or initial drug tests, or both; and

                     (d)  state the person’s allocated number; and

                     (e)  state the period for which the person is authorised to be an approved tester.

99.475  Return of identity card

             (1)  If:

                     (a)  a person has been issued with an identity card; and

                     (b)  either:

                              (i)  the person ceases to be an approved tester; or

                             (ii)  the person’s approval under regulation 99.445 is suspended;

the person must return the card to CASA within 7 days of the person ceasing to be an approved tester, or of the person’s approval being suspended, as the case may be.

Penalty:  10 penalty unit.

             (2)  An offence against subregulation (1) is an offence of strict liability.

99.480  Display and production of identity cards

             (1)  If an approved tester is performing functions or exercising powers under this Part, the tester must:

                     (a)  wear his or her identity card so that it can be readily seen; and

                     (b)  upon request, show his or her identity card to a person from whom the approved tester intends to take a body sample for a drug or alcohol test.

             (2)  A donor who has been required by an approved tester to give a body sample for a drug or alcohol test may refuse to give the body sample if:

                     (a)  the donor requests the tester to show the donor the tester’s identity card; and

                     (b)  the tester does not show the donor the card.

99.485  Suspension or revocation of authorisation

             (1)  This regulation applies if an approved tester:

                     (a)  breaches a condition of the tester’s approval given under regulation 99.445; or

                     (b)  does not comply with the requirements of this Part in performing functions or exercising powers under this Part.

             (2)  CASA may do any or all of the following in respect of the breach:

                     (a)  impose a further condition of approval;

                     (b)  suspend the approved tester’s authorisation under regulation 99.450;

                     (c)  revoke the tester’s authorisation under regulation 99.450.

             (3)  If:

                     (a)  CASA takes an action mentioned in paragraph (2)(a) or (b) because of a breach of a condition (the first breach); and

                     (b)  CASA later becomes satisfied that the approved tester is not complying with a condition of the approval under regulation 99.445;

CASA may revoke the tester’s authorisation even if the period for fulfilling any condition, or the period of any suspension for the first breach, has not ended.

99.490  Notices

             (1)  If CASA imposes on an approved tester a further condition of approval under paragraph 99.485(2)(a), CASA must give the tester notice in writing of the imposition of the condition, the terms of the condition and the date from which the condition takes effect.

             (2)  If CASA suspends the approved tester’s authorisation under paragraph 99.485(2)(b), CASA must give the tester notice in writing of the suspension, the date that the suspension takes effect and the period of the suspension.

             (3)  If CASA revokes the approved tester’s authorisation under paragraph 99.485(2)(c), CASA must give the tester notice in writing of the revocation and the date from which the revocation takes effect.

             (4)  The date under this regulation must not be a date before the day the notice is given.

             (5)  A notice under this regulation must also include a statement setting out the reason that the condition was imposed or that the authorisation was suspended or revoked, as the case may be.

Division 99.H.6Notices to approved testers

99.495  Notice to approved testers

                   If a provision of these Regulations requires CASA to give a notice to an approved tester, the requirement is met if CASA gives that notice to the person who, as CASA’s delegate, approved the tester as an approved tester.


Part 101Unmanned aircraft and rockets

  

Table of contents

Subpart 101.APreliminary

101.005     Applicability of this Part

101.010     Application to rocket‑powered unmanned aircraft

101.015     Application of registration and marking requirements

101.020     Exemption from certain provisions of CAR

101.025     Meaning of populous area

101.028     Issue of Manual of Standards for Part 101

101.029     Approvals for Part 101

101.030     Approval of areas for operation of unmanned aircraft or rockets

101.035     Requirements in this Part to give information to CASA

101.040     Exemptions

101.045     Conditions imposed by CASA or another authority

Subpart 101.AB—Authorisations for section 20AB of the Act

101.047     Performance of duties during flight time—balloons, kites and model aircraft

101.048     Performance of duties during flight time—remotely piloted aircraft

Subpart 101.BGeneral prohibition on unsafe operation

101.050     Applicability of this Subpart

101.055     Hazardous operation prohibited

Subpart 101.CProvisions applicable to unmanned aircraft generally

101.060     Applicability of this Subpart

101.065     Operation in prohibited or restricted area

101.070     Operation in controlled airspace above 400 ft AGL

101.072     Operation in controlled airspace—requirements prescribed by the Part 101 Manual of Standards

101.073     Operation must generally be within visual line of sight

101.075     Operation near aerodromes

101.080     Permission for operation of unmanned aircraft near aerodrome

101.085     Maximum operating height

101.090     Dropping or discharging of things

101.095     Weather and day limitations

101.097     Autonomous aircraft—launch or release without approval prohibited

Subpart 101.DTethered balloons and kites

101.100     Applicability of this Subpart

101.105     Definitions for Subpart

101.110     Tethered balloons and kites that may be operated outside approved areas

101.115     Mooring‑line marking

101.120     Operation of tethered balloon or kite under cloud

101.125     Tethered balloon to be lit at night

101.130     Rapid deflation device required

101.135     What to do if tethered balloon escapes

Subpart 101.EUnmanned free balloons

101.140     Applicability of this Subpart

101.145     Kinds of unmanned free balloons

101.150     Definition for Subpart—approved area

101.155     Releasing small balloons

101.160     Light balloons that may be released outside approved areas

101.165     Release of medium and heavy balloons outside approved areas

101.170     Medium and heavy balloons not to be flown low

101.175     Medium and heavy balloons to be flown in clear sky

101.180     How payload must be supported—medium and heavy balloons

101.185     Equipment that must be carried—medium and heavy balloons

101.190     Lighting—medium and heavy balloons

101.195     Marking—unmanned free balloons generally

101.200     Marking by day—heavy balloons

101.205     Lighting by night—heavy balloons

101.210     Obligation to stay in communication with ATC—medium and heavy balloons

101.215     Tracking of flight—medium and heavy balloons

101.220     Flight reporting—medium and heavy balloons

101.225     Ending flight and recovery—medium and heavy balloons

101.230     Direction by ATC to end flight in certain circumstances

Subpart 101.FRemotely piloted aircraft

Division 101.F.1—General

101.235     Application of Subpart 101.F

101.236     Meaning of approved area

101.237     Meaning of excluded RPA

101.238     Meaning of standard RPA operating conditions

Division 101.F.2—Operation of RPA generally

101.245     Operation near people

101.247     Operations in prescribed areas—requirements prescribed by the Part 101 Manual of Standards

101.250     Where very small, small and medium RPA may be operated

101.252     Certain RPA—requirement for remote pilot licence

101.255     Large RPA—requirement for certificate

101.260     Maintenance of large RPA

101.265     Large RPA—persons permitted to carry out maintenance

101.270     Certain RPA—requirement for RPA operator’s certificate

101.272     Certain RPA—requirement to keep records or give information to CASA

101.275     Approval of operation of large RPA

101.280     RPA not to be operated over populous areas

101.285     Use of aeronautical radio

Division 101.F.3—Remote pilot licences

101.290     Application for remote pilot licence

101.295     Eligibility for remote pilot licence

101.300     Conditions on remote pilot licences

101.315     Notice to holder of remote pilot licence to show cause

101.320     Cancellation of remote pilot licence

Division 101.F.4—Certification of RPA operators

101.330     Application for certification as RPA operator

101.335     Eligibility for certification as RPA operator

101.340     Conditions on certification

101.342     Functions and duties of chief remote pilot

101.360     Notice to certified RPA operator to show cause

101.365     Cancellation of RPA operator’s certification

101.370     Compliance with RPA operator’s practices and procedures

Division 101.F.5—Operation of very small RPA for hire or reward

101.371     Requirement to give notice before operating very small RPA for hire or reward etc.

101.372     Notice to operate very small RPA for hire or reward etc.

101.373     Notification of changes in relation to operating very small RPA for hire or reward etc.

101.374     Database of notifications

Subpart 101.GModel aircraft

101.375     Applicability of this Subpart

101.380     Definitions for Subpart

101.385     Visibility for operation of model aircraft

101.390     Operating model aircraft at night

101.395     Keeping model aircraft away from people

101.400     Operation of model aircraft outside approved areas

101.405     Giant model aircraft

101.410     Model flying displays

Subpart 101.HRockets

101.415     Applicability of this Subpart

101.420     Application of State and Territory laws about rockets

101.425     Definitions for Subpart

101.430     Launching rocket in or over prohibited or restricted area

101.435     Launching rockets into controlled airspace

101.440     Launching rockets near aerodromes

101.445     Getting permission for launch of rocket near aerodrome

101.450     High power rockets

101.455     Maximum operating height of rockets

101.460     Dropping or discharging of things from rockets

101.465     Weather and day limitations—rockets other than model rockets

101.470     Model rockets

Subpart 101.IFirework displays

101.475     What this Subpart does

101.480     Application of State and Territory laws about fireworks

101.485     Meaning of operate a firework display

101.490     Certain projectiles prohibited in firework displays

101.495     Firework displays not permitted near aerodromes

101.500     Notice to CASA of certain firework displays


Subpart 101.APreliminary

  

101.005  Applicability of this Part

             (1)  This Part sets out the requirements for the operation of unmanned aircraft (including model aircraft), and (to the extent that the operation of rockets and fireworks affects or may affect the safety of air navigation) the operation of rockets and the use of certain fireworks.

             (2)  Nothing in this Part applies to the operation of a manned balloon or a hot air balloon.

             (3)  Subparts 101.C to 101.I do not apply to the operation of:

                     (a)  a control‑line model aircraft (that is, a model aircraft that is constrained to fly in a circle, and is controlled in attitude and altitude, by means of inextensible wires attached to a handle held by the person operating the model); or

                     (b)  a model aircraft indoors; or

                     (c)  an unmanned airship indoors; or

                     (d)  a small balloon within 100 metres of a structure and not above the top of the structure; or

                     (e)  an unmanned tethered balloon that remains below 400 feet AGL; or

                      (f)  a firework rocket not capable of rising more than 400 feet AGL.

Note:          Subpart 101.B applies to the operation of all unmanned aircraft (including model aircraft) and rockets, including firework rockets.

             (4)  For paragraph (3)(c), a flight does not take place indoors if the building in which it takes place has the roof, or 1 or more walls, removed.

101.010  Application to rocket‑powered unmanned aircraft

                   This Part applies to a rocket‑powered unmanned aircraft, and to the operation of such an aircraft, unless the contrary intention appears.

101.015  Application of registration and marking requirements

                   Parts 45 and 47 do not apply to an aircraft (other than a large RPA) to which this Part applies, nor to a micro RPA.

Note:          A large RPA is required to carry a manufacturer’s data plate and an aircraft registration identification plate—see respectively regulation 21.820 and Subpart 45.D of Part 45.

101.020  Exemption from certain provisions of CAR

                   Parts 4, 4A, 4B, 4C, 5, 7, 9, 10, 11, 12, 13 and 14 of CAR do not apply to an aircraft to which this Part applies, nor to a micro RPA.

101.025  Meaning of populous area

                   For this Part, an area is a populous area in relation to the operation of an unmanned aircraft or rocket if the area has a sufficient density of population for some aspect of the operation, or some event that might happen during the operation (in particular, a fault in, or failure of, the aircraft or rocket) to pose an unreasonable risk to the life, safety or property of somebody who is in the area but is not connected with the operation.

101.028  Issue of Manual of Standards for Part 101

                   For subsection 98(5A) of the Act, CASA may issue a Manual of Standards for this Part prescribing matters:

                     (a)  required or permitted by these Regulations to be prescribed by the Part 101 Manual of Standards; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Part.

101.029  Approvals for Part 101

             (1)  If a provision in this Part refers to a person holding an approval under this regulation, the person may apply to CASA for the approval.

             (2)  Subject to regulation 11.055, CASA must grant the approval if:

                     (a)  for an approval relating to a training course:

                              (i)  the course covers the units of competency (if any) prescribed by the Part 101 Manual of Standards for the course; and

                             (ii)  the course meets the standards (if any) prescribed by the Part 101 Manual of Standards for the course; or

                     (b)  for an approval relating to any other thing for which requirements are prescribed by the Part 101 Manual of Standards—the prescribed requirements are met.

101.030  Approval of areas for operation of unmanned aircraft or rockets

             (1)  A person may apply to CASA for the approval of an area as an area for the operation of:

                     (a)  unmanned aircraft generally, or a particular class of unmanned aircraft; or

                     (b)  rockets.

             (2)  For paragraph (1)(a), the classes of unmanned aircraft are the following:

                     (a)  tethered balloons and kites;

                     (b)  unmanned free balloons;

                     (c)  RPA;

                     (d)  model aircraft.

             (3)  In considering whether to approve an area for any of those purposes, CASA must take into account the likely effect on the safety of air navigation of the operation of unmanned aircraft in, or the launching of rockets in or over, the area.

             (4)  An approval has effect from the time written notice of it is given to the applicant, or a later day or day and time stated in the approval.

             (5)  An approval may be expressed to have effect for a particular period (including a period of less than 1 day), or indefinitely.

             (6)  CASA may impose conditions on the approval in the interests of the safety of air navigation.

             (7)  If CASA approves an area under subregulation (1), it must publish details of the approval (including any condition) in NOTAM or on an aeronautical chart.

             (8)  CASA may revoke the approval of an area, or change the conditions that apply to such an approval, in the interests of the safety of air navigation, but must publish details of any revocation or change in NOTAM or on an aeronautical chart.

             (9)  CASA must also give written notice of the revocation or change:

                     (a)  to the person who applied for the approval of the area; or

                     (b)  if that person applied for that approval as an officer of an organisation concerned with unmanned aircraft or rockets, and no longer holds that office—to the person who now holds the office.

101.035  Requirements in this Part to give information to CASA

             (1)  If a provision of this Part requires a person to give information to CASA about the operation, launching or release of an unmanned aircraft or rocket, then, unless the provision says otherwise, the person may do so by giving the information to:

                     (a)  if the person is an approved aviation administration organisation—the Australian NOTAM Office; or

                     (b)  an appropriate approved aviation administration organisation.

             (2)  However, subregulation (1) does not apply in relation to the release of small balloons, or in relation to a firework display.

             (3)  The information need not be given in writing unless:

                     (a)  CASA or the authority to which it is given asks for it to be given in writing in the particular case; or

                     (b)  another provision of these Regulations requires it to be given in writing.

             (4)  If a person gives the information to an authority mentioned in paragraph (1)(a) or (b), then, subject to subregulation (6), the person is taken, for all purposes, to have complied with the requirement to give the information.

             (5)  If in a particular case CASA or the authority to which the information is given reasonably requires extra information about the operation, launching or release, CASA or the authority may ask the person for the extra information.

             (6)  If CASA or an authority asks for more information under subregulation (5), the person is not taken to have complied with the requirement mentioned in subregulation (1) to give the information until the person gives to CASA or the authority the extra information.

             (7)  If a day is not a working day for the office of CASA or an authority to which notice of an event is given or an application made, that day does not count for the purpose of working out how many working days’ notice of the event has been given, or how many working days before an event the application has been made.

             (8)  In subregulation (7):

working day, in relation to an office of CASA or an authority, means a day on which that office is open for business.

Subpart 101.ABAuthorisations for section 20AB of the Act

  

101.047  Performance of duties during flight time—balloons, kites and model aircraft

             (1)  This regulation applies to an Australian aircraft that is an unmanned aircraft if it is:

                     (a)  a balloon; or

                     (b)  a kite; or

                     (c)  a model aircraft.

             (2)  For paragraph 20AB(1)(a) of the Act, a person performing a duty that is essential to the operation of the aircraft during flight time is taken to hold a civil aviation authorisation that:

                     (a)  is in force; and

                     (b)  authorises the person to perform the duty.

101.048  Performance of duties during flight time—remotely piloted aircraft

Performing essential duties in relation to excluded RPA

             (1)  For paragraph 20AB(1)(a) of the Act, a person performing a duty that is essential to the operation of an excluded RPA during flight time is taken to hold a civil aviation authorisation that:

                     (a)  is in force; and

                     (b)  authorises the person to perform the duty.

Note:          For the definition of excluded RPA, see regulation 101.237.

Performing essential duties in relation to other RPA

             (2)  For paragraph 20AB(1)(a) of the Act, a person performing a duty that is essential to the operation of an RPA during flight time is taken to hold a civil aviation authorisation that:

                     (a)  is in force; and

                     (b)  authorises the person to perform the duty.

             (3)  Subregulation (2) does not apply:

                     (a)  to an excluded RPA; or

                     (b)  to a person operating an RPA.

Note:          Excluded RPA are covered by subregulation (1). Persons operating RPA other than excluded RPA require a remote pilot licence: see regulation 101.252.

Subpart 101.BGeneral prohibition on unsafe operation

  

101.050  Applicability of this Subpart

                   This Subpart applies to the operation of all unmanned aircraft and rockets that are not aircraft, whether or not any of Subparts C to I applies.

101.055  Hazardous operation prohibited

             (1)  A person must not operate an unmanned aircraft in a way that creates a hazard to another aircraft, another person, or property.

Penalty:  50 penalty units.

             (2)  A person must not launch a rocket that is not an aircraft in a way that creates a hazard to an aircraft.

Penalty:  50 penalty units.

             (3)  A person must not launch a rocket that is not an aircraft in a way that creates a hazard to another person or to property.

Penalty:  50 penalty units.

          (3A)  An offence against subregulation (1), (2) or (3) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (4)  It is not a defence to a charge of contravening subregulation (1), (2) or (3) that the relevant unmanned aircraft was being operated, or the relevant rocket was launched, in a way that complied with the operations manual of an approved aviation administration organisation.

             (5)  In subregulations (2) and (3):

rocket includes a firework rocket.

Subpart 101.CProvisions applicable to unmanned aircraft generally

  

101.060  Applicability of this Subpart

                   This Subpart applies to the operation of unmanned aircraft of all kinds, except operation mentioned in subregulation 101.005(3).

Note:          Rockets that are not aircraft are dealt with separately in Subpart 101.H.

101.065  Operation in prohibited or restricted area

             (1)  A person may operate an unmanned aircraft in or over a prohibited area, or in or over a restricted area, only with the permission of, and in accordance with any conditions imposed by, the authority controlling the area.

Penalty:  25 penalty units.

Note:          Details of prohibited and restricted areas are published in the AIP or NOTAMS.

          (1A)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (2)  In subregulation (1):

authority controlling the area means:

                     (a)  in the case of a prohibited area—the Secretary of the Department administered by the Minister administering section 1 of the Defence Act 1903; and

                     (b)  in the case of a restricted area—the authority mentioned in AIP (as issued from time to time) as the controlling authority for the area.

             (3)  For subregulation (1):

                     (a)  the authority controlling the area must give a written statement of any condition so imposed to the person who applied for the permission; and

                     (b)  unless the authority gives the statement to the person, the person is not bound by the condition.

101.070  Operation in controlled airspace above 400 ft AGL

             (1)  A person may operate an unmanned aircraft above 400 feet AGL in controlled airspace only:

                     (a)  in an area approved under regulation 101.030 as an area for the operation of unmanned aircraft of the same kind as the aircraft, and in accordance with any conditions of the approval; and

                     (b)  in accordance with an air traffic control clearance.

Penalty:  50 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

101.072  Operation in controlled airspace—requirements prescribed by the Part 101 Manual of Standards

             (1)  The Part 101 Manual of Standards may prescribe requirements relating to the operation of unmanned aircraft in controlled airspace.

             (2)  A person commits an offence of strict liability if:

                     (a)  the person operates an unmanned aircraft in controlled airspace; and

                     (b)  the person is subject to a requirement under subregulation (1) in relation to the operation; and

                     (c)  the person does not comply with the requirement.

Penalty:  50 penalty units.

101.073  Operation must generally be within visual line of sight

Unmanned aircraft must be operated within visual line of sight

             (1)  A person commits an offence of strict liability if:

                     (a)  the person operates an unmanned aircraft; and

                     (b)  the aircraft is not operated within the person’s visual line of sight.

Penalty:  50 penalty units.

Exception—CASA approval

             (2)  Subregulation (1) does not apply if:

                     (a)  the person holds an approval under regulation 101.029 to operate the unmanned aircraft beyond the person’s visual line of sight; and

                     (b)  the conditions (if any) imposed on the approval are complied with.

Note:          A defendant bears an evidential burden in relation to the matter in subregulation (2): see subsection 13.3(3) of the Criminal Code.

Meaning of operated within visual line of sight

             (3)  An unmanned aircraft is being operated within the visual line of sight of the person operating the aircraft if the person can continually see, orient and navigate the aircraft to meet the person’s separation and collision avoidance responsibilities, with or without corrective lenses, but without the use of binoculars, a telescope or other similar device.

101.075  Operation near aerodromes

             (1)  A person may operate an unmanned aircraft at an altitude above 400 feet AGL within 3 nautical miles of an aerodrome only if:

                     (a)  the operation is permitted by another provision of this Part; or

                     (b)  permission has been given for the operation under regulation 101.080.

Penalty:  25 penalty units.

             (2)  A person may operate an unmanned aircraft over an area mentioned in paragraph (3)(a) or (b) only if:

                     (a)  the operation is permitted by another provision of this Part; or

                     (b)  permission has been given for the operation under regulation 101.080.

Penalty:  25 penalty units.

             (3)  The areas for subregulation (2) are:

                     (a)  a movement area or runway of an aerodrome; and

                     (b)  the approach or departure path of a runway of an aerodrome.

             (4)  A person must not operate an unmanned aircraft in such a manner as to create an obstruction to an aircraft taking off from, or approaching for landing at, a landing area or a runway of an aerodrome.

Penalty:  25 penalty units.

             (5)  An offence against subregulation (1), (2) or (4) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

101.080  Permission for operation of unmanned aircraft near aerodrome

             (1)  The authority from which permission must be obtained for the purposes of regulation 101.075 is:

                     (a)  if the aerodrome concerned is a controlled aerodrome—the air traffic control service for the aerodrome; or

                     (b)  in the case of any other aerodrome—CASA.

             (2)  A person applies for permission under this regulation by giving to the relevant authority mentioned in subregulation (1) the information required by table 101.080, so far as relevant to the proposed operation.

 

Table 101.080     Details of operation of unmanned aircraft to be given to CASA or ATC

Item

Information to be provided

1

In all cases:

(a) the name, address, email address and telephone number of the person who will operate the aircraft or (if the aircraft concerned is an unmanned free balloon) release the balloon (or, if several people will be involved, the name, address, email address and telephone number of the person who will coordinate the operation); and

(b) the date and time the operation or release is to begin and how long it is to last; and

(c) where it is to be carried out; and

(d) if more than 1 unmanned aircraft is to be operated at a time, how many unmanned aircraft are to be operated at that time

2

In the case of the operation of a tethered balloon or a kite:

(a) a brief description of the balloon or kite, including its predominant colour; and

(b) the height to which it is to be operated; and

(c) its mass

3

In the case of the release of an unmanned free balloon:

(a) how many balloons are to be released; and

(b) the estimated size and mass of the balloon’s payload

4

In the case of the release of a medium or heavy balloon:

(a) the balloon’s flight identification or its project code name; and

(b) the balloon’s classification, or a description of the balloon; and

(c) the balloon’s SSR code or NDB frequency, and its Morse identification; and

(d) the expected horizontal direction of the balloon’s ascent, and the balloon’s expected rate of climb; and

(e) the balloon’s float level (given as pressure altitude); and

 

(f) when the balloon is expected to reach 60 000 feet pressure altitude, and the location over which it is expected to do so; and

 

(g) when the flight is expected to end, and where the balloon and its payload are expected to fall

Note:          For free balloon and heavy balloon, see regulation 101.145. For tethered balloon, see regulation 101.105.

             (3)  If more than 1 aircraft is to be operated at a time, such a requirement is a requirement to give the information about each such aircraft.

             (4)  Regulation 101.035 does not authorise a person who or that applies for permission under this regulation to make the application to a body mentioned in paragraph 101.035(1)(a) or (b).

             (5)  If the authority grants the permission, it may impose conditions on the permission in the interests of the safety of air navigation.

             (6)  A person must not contravene a condition imposed under subregulation (5).

Penalty:  50 penalty units.

             (7)  An offence against subregulation (6) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

101.085  Maximum operating height

             (1)  A person may operate an unmanned aircraft above 400 feet AGL only:

                     (a)  in an area approved under regulation 101.030 as an area for the operation of unmanned aircraft of the same class as the aircraft concerned, and in accordance with any conditions of the approval; or

                     (b)  as otherwise permitted by this Part.

Penalty:  50 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

101.090  Dropping or discharging of things

             (1)  A person must not cause a thing to be dropped or discharged from an unmanned aircraft in a way that creates a hazard to another aircraft, a person, or property.

Penalty:  25 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

101.095  Weather and day limitations

             (1)  A person may operate an unmanned aircraft:

                     (a)  in or into cloud; or

                     (b)  at night; or

                     (c)  in conditions other than VMC;

only if permitted by another provision of this Part, or in accordance with an air traffic control direction.

Penalty:  25 penalty units.

          (1A)  Subregulation (1) does not apply if the person holds an approval under regulation 101.029 for the purposes of this subregulation.

Note:          A defendant bears an evidential burden in relation to the matters in subregulation (1A): see subsection 13.3(3) of the Criminal Code.

             (2)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

101.097  Autonomous aircraft—launch or release without approval prohibited

             (1)  This regulation:

                     (a)  applies to an unmanned aircraft (an autonomous aircraft) that does not allow pilot intervention during all stages of the flight of the aircraft; but

                     (b)  does not apply to balloons, kites or model aircraft.

             (2)  A person commits an offence of strict liability if the person causes an autonomous aircraft to be launched or released.

Penalty:  50 penalty units.

             (3)  Subregulation (2) does not apply if:

                     (a)  the person holds an approval under regulation 101.029 to launch or release the autonomous aircraft; and

                     (b)  the conditions (if any) imposed on the approval are complied with.

Note:          A defendant bears an evidential burden in relation to the matter in subregulation (3): see subsection 13.3(3) of the Criminal Code.

Subpart 101.DTethered balloons and kites

  

101.100  Applicability of this Subpart

                   This Subpart applies to the operation of tethered balloons and kites.

Note:          This Subpart does not apply to:

(a)    the shielded operation (that is, operation within 100 metres of a structure and not above the top of the structure) of a small balloon; or

(b)    the operation of an unmanned tethered balloon or kite below 400 feet AGL.

                   See subregulation 101.005(3).

101.105  Definitions for Subpart

             (1)  In this Subpart:

tethered balloon means a balloon that is attached to the ground, or an object on the ground, by a cable.

             (2)  For this Subpart, the height of a tethered balloon is taken to be the height above ground or water level of the topmost part of its envelope.

101.110  Tethered balloons and kites that may be operated outside approved areas

             (1)  A person may operate a tethered balloon or a kite above 400 feet AGL outside an area approved under regulation 101.030 as an area for the operation of unmanned balloons or kites (as the case requires) only if:

                     (a)  the mass of the balloon or kite is no more than 15 kilograms; and

                     (b)  the horizontal visibility at the time is at least 5 kilometres; and

                     (c)  the person gives to CASA the information required by table 101.110 about the proposed operation at least 1 working day before it is due to start.

Penalty:  10 penalty units.

Note 1:       A person can comply with this requirement by telling:

(a)    if the person is an approved aviation administration organisation—the Australian NOTAM Office; or

(b)    the appropriate approved aviation administration organisation.

                   See regulation 101.035.

Note 2:       CASA must publish details of the approval of an area (including any conditions) in NOTAM or on an aeronautical chart—see subregulation 101.030(5).

          (1A)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (2)  If more than 1 tethered balloon or kite is to be operated at a time, such a requirement is a requirement to give the information about each such balloon or kite.

 

Table 101.110     Details of operation of tethered balloon or kite to be given to CASA

Item

Information to be provided

1

The name, address, email address and telephone number of the person who will operate the balloon or kite (or, if several people will be involved, the name, address, email address and telephone number of the person who will coordinate the operation)

2

The date and time the operation is to begin, and how long it is to last

3

Where it is to be carried out

4

A brief description of the balloon or kite, including its predominant colour

5

The height to which it is to be operated

6

Its mass

7

If more than 1 tethered balloon or kite is to be operated at a time, how many tethered balloons or kites are to be operated at the time

101.115  Mooring‑line marking

             (1)  A person may operate a tethered balloon only if:

                     (a)  each mooring line has coloured streamers attached at intervals of no more than 15 metres along it, with the first streamer no more than 150 feet AGL; and

                     (b)  the streamers would be visible in normal daylight for at least 1.5 kilometres.

Penalty:  10 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

101.120  Operation of tethered balloon or kite under cloud

             (1)  A person may operate a tethered balloon or kite under cloud only if he or she keeps the balloon or kite at least 500 feet (measured vertically) below the cloud.

Penalty:  10 penalty units.

Note:          For tethered balloon, see regulation 101.105.

             (2)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

101.125  Tethered balloon to be lit at night

             (1)  A person may operate a tethered balloon at night at or above 400 feet AGL only if it is lit so as to be visible in VMC from at least 4 kilometres away.

Penalty:  10 penalty units.

          (1A)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (2)  The lighting required by subregulation (1) may be inside the balloon, on its outside, or on the ground.

101.130  Rapid deflation device required

             (1)  A person may operate a tethered balloon only if it is fitted with a device that will cause it to deflate rapidly and completely if it escapes from its mooring.

Penalty:  10 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

101.135  What to do if tethered balloon escapes

             (1)  If a tethered balloon escapes from its mooring, and the deflation device does not cause it to deflate, the person operating it must tell Airservices Australia as soon as possible:

                     (a)  where the balloon was launched; and

                     (b)  what time it broke free; and

                     (c)  the direction it was headed when last seen.

Penalty:  10 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

Subpart 101.EUnmanned free balloons

  

101.140  Applicability of this Subpart

                   This Subpart applies to the operation of an unmanned free balloon.

101.145  Kinds of unmanned free balloons

             (1)  There are 4 kinds of unmanned free balloon. These are defined (in order of ascending size) in the following 4 subregulations.

             (2)  A small balloon is an unmanned free balloon that:

                     (a)  has a diameter of 2 metres or less at launch; and

                     (b)  either:

                              (i)  is not carrying a payload; or

                             (ii)  is carrying a payload with a combined mass of 50 g or less.

             (3)  A light balloon is an unmanned free balloon that:

                     (a)  carries a payload to which all of the following apply:

                              (i)  the payload does not include a heavy package;

                             (ii)  the payload has a combined mass of more than 50 g but less than 4 kg;

                            (iii)  if a rope or other device has been used for the suspension of the payload—an impact force of less than 230 N is required to separate the suspended payload from the balloon; or

                     (b)  has a diameter of greater than 2 metres at launch and either:

                              (i)  is not carrying a payload; or

                             (ii)  is carrying a payload with a combined mass of 50 g or less.

             (4)  A medium balloon is an unmanned free balloon that carries a payload to which all of the following apply:

                     (a)  the payload includes at least 2 packages but no heavy packages;

                     (b)  the payload has a combined mass of at least 4 kg but less than 6 kg;

                     (c)  if a rope or other device has been used for the suspension of the payload—an impact force of less than 230 N is required to separate the suspended payload from the balloon.

             (5)  A heavy balloon is an unmanned free balloon that carries a payload to which any of the following apply:

                     (a)  the payload includes a heavy package;

                     (b)  the combined mass of the payload is at least 6 kg;

                     (c)  if a rope or other device has been used for the suspension of the payload—an impact force of 230 N or more is required to separate the suspended payload from the balloon.

             (6)  A heavy package means a package that:

                     (a)  weighs at least 3 kg; or

                     (b)  weighs at least 2 kg and has an area density of more than 13 g per cm2.

             (7)  For paragraph (6)(b), the area density of a package is worked out by dividing the total mass in grams of the package by the area in square centimetres of its smallest surface.

101.150  Definition for Subpart—approved area

                   In this Subpart:

approved area means an area approved under regulation 101.030 as an area for the operation or release of unmanned free balloons.

Note:          CASA must publish details of the approval of an area (including any conditions) in NOTAM or on an aeronautical chart—see subregulation 101.030(5).

101.155  Releasing small balloons

             (1)  A person may release a small balloon only if the person has first complied with any requirements as to approval or notice set out in table 101.155‑1.

Penalty:  10 penalty units.

          (1A)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (2)  Subregulation (1) does not apply if no more than 100 balloons are to be released at once.

 

Table 101.155‑1     Requirements for release of small balloons

Item

Number of balloons to be released at once

Distance from place of release to nearest aerodrome

 

less than 3 nautical miles

3–6 nautical miles

6–12 nautical miles

over 12 nautical miles

1

101–1 000

approval required

NOTAM

no approval required

no approval required

2

1 001–10 000

approval required

approval required

NOTAM

no approval required

3

Over 10 000

approval required

approval required

approval required

NOTAM

             (3)  In the table, for a combination of a number of balloons to be released and a distance to an aerodrome:

approval required means that an approval under subregulation (5) is required for the release of that number of balloons at a place within that distance from the nearest aerodrome.

no approval required means that no such approval is required for the release of that number of balloons at a place within that distance from the nearest aerodrome.

NOTAM means that CASA’s approval is not required, but the person intending to release that number of balloons at a place that distance from the nearest aerodrome must give to CASA the information about the proposed release required by table 101.155‑2.

 

Table 101.155‑2     Details of release of small balloons to be given to CASA

Item

Information to be provided

1

The name, address, email address and telephone number of the person who will release the balloons (or, if several people will be involved, the name, address, email address and telephone number of the person who will coordinate the release)

2

The date and time the release is to begin, and how long it will take

3

Where it is to be carried out

4

How many balloons are to be released

5

The estimated size and mass of any payload

Note:          CASA will tell the NOTAM Office about the release.

             (4)  A person may apply to CASA, in writing, for approval to release small balloons.

Note:          An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations—see regulation 11.030.

             (5)  Subject to regulation 11.055, if approval is required under subregulation (1) to release small balloons, CASA must grant the approval.

Note 1:       Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:

(a)    a decision refusing to issue, or cancelling, suspending or varying, an approval; or

(b)    a decision imposing a condition on an approval.

Note 2:       CASA will tell the NOTAM Office about the release.

101.160  Light balloons that may be released outside approved areas

             (1)  A person may release a light balloon outside an approved area only if the person gives to CASA the information required by table 101.160 at least 1 working day before the proposed release.

Penalty:  10 penalty units.

Note 1:       A person can comply with this requirement by telling:

(a)    if the person is an approved aviation administration organisation—the Australian NOTAM Office; or

(b)    the appropriate approved aviation administration organisation.

                   See regulation 101.035.

Note 2:       CASA must publish details of the approval of an area (including any conditions) in NOTAM or on an aeronautical chart—see subregulation 101.030(5).

          (1A)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (2)  If more than 1 balloon is to be released at a time, such a requirement is a requirement to give the information about each such balloon.

 

Table 101.160     Details of release of light balloon to be given to CASA

Item

Information to be provided

1

The name, address, email address and telephone number of the person who will release the balloon (or, if several people will be involved, the name, address, email address and telephone number of the person who will coordinate the release)

2

The date and time the release is to begin

3

Where it is to be carried out

4

The estimated size and mass of the balloon’s payload

5

If more than 1 balloon is to be released at a time, how many balloons are to be released at the time

             (3)  Subregulation (1) does not require the Bureau of Meteorology to give notice of the proposed release of a light balloon if:

                     (a)  the release is part of the Bureau’s normal meteorological procedures; and

                     (b)  the release location has been notified in AIP or NOTAM.

101.165  Release of medium and heavy balloons outside approved areas

             (1)  Subject to subregulation (3), a person may release a medium or heavy balloon outside an approved area only if the person gives to CASA the information required by table 101.165 at least 2 working days before the proposed release.

Penalty:  10 penalty units.

Note 1:       A person can comply with this requirement by telling:

(a)    if the person is an approved aviation administration organisation—the Australian NOTAM Office; or

(b)    the appropriate approved aviation administration organisation.

                   See regulation 101.035.

Note 2:       CASA must publish details of the approval of an area (including any conditions) in NOTAM or on an aeronautical chart—see subregulation 101.030(5).

             (2)  If more than 1 balloon is to be operated at a time, such a requirement is a requirement to give the information about each such balloon.

 

Table 101.165     Details of release of medium or heavy balloon to be given to CASA

Item

Information to be provided

1

The name, address, email address and telephone number of the person who will release the balloon (or, if several people will be involved, the name, address, email address and telephone number of the person who will coordinate the release)

2

The date and time the release is to begin

3

Where it is to be carried out

4

The estimated size and mass of the balloon’s payload

5

The balloon’s flight identification or the project code name

6

The balloon’s classification, or a description of the balloon

7

The balloon’s SSR code or NDB frequency, and its Morse identification

8

The expected horizontal direction of the balloon’s ascent, and the balloon’s expected rate of climb

9

The balloon’s planned float level (given as pressure altitude)

10

The time the balloon is expected to reach 60 000 feet pressure altitude, and the location over which it is expected to do so

11

The time the flight is expected to end, and where the balloon and its payload are expected to fall

12

If more than 1 balloon is to be released at a time, how many balloons are to be released at the time

             (3)  Subregulation (1) does not require the Bureau of Meteorology to give notice of the proposed release of a medium balloon if:

                     (a)  the release is part of the Bureau’s normal meteorological procedures; and

                     (b)  the release location has been notified in AIP or NOTAM.

             (4)  Subject to subregulation (5), the person must also confirm the details of the proposed release to the air traffic control service that has responsibility for the airspace within which the balloon will be released no later than the earlier of:

                     (a)  6 hours before the expected release time; or

                     (b)  the time the balloon begins to be inflated.

Penalty:  10 penalty units.

          (4A)  An offence against subregulation (1) or (4) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (5)  Subregulation (4) does not require the Bureau of Meteorology to confirm the details of the release of a medium balloon with an air traffic control service if:

                     (a)  the release is part of the Bureau’s normal meteorological procedures; and

                     (b)  the release location has been notified in AIP or NOTAM.

101.170  Medium and heavy balloons not to be flown low

             (1)  A person who is operating a medium or heavy balloon must not allow it to go below 3 000 feet AGL while it is over a populous area.

Penalty:  10 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

101.175  Medium and heavy balloons to be flown in clear sky

             (1)  Subject to subregulations (3) and (4), a person must not operate a medium or heavy balloon below 60 000 feet pressure altitude if, at the altitude at which the balloon is being operated, the horizontal visibility is less than 8 kilometres.

Penalty:  10 penalty units.

             (2)  Subject to subregulations (3) and (4), a person who is operating a medium or heavy balloon must not allow it to remain at an altitude below 60 000 feet pressure altitude at which cloud, fog or mist obscures more than half the sky.

Penalty:  10 penalty units.

          (2A)  An offence against subregulation (1) or (2) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (3)  Subregulations (1) and (2) do not apply to operation outside controlled airspace if CASA approves the operation and the operation is carried out in accordance with the approval.

             (4)  Those subregulations also do not apply to operation in controlled airspace in accordance with an air traffic control clearance.

101.180  How payload must be supported—medium and heavy balloons

             (1)  A person may operate a medium or heavy balloon only if the means by which the payload is attached to the balloon can support at least 10 times the mass of the payload.

Penalty:  10 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

101.185  Equipment that must be carried—medium and heavy balloons

             (1)  A person may operate a medium or heavy balloon only if:

                     (a)  the balloon is fitted with at least 2 independent ways (either automatic or remotely‑operated) of releasing its payload; and

                     (b)  if the balloon is not a zero‑pressure balloon, it has at least 2 independent ways of ending the flight of the balloon envelope; and

                     (c)  either:

                              (i)  the balloon envelope carries a radar reflector, or radar‑reflective material, that will return an echo to a surface radar operating in the frequency range 200 megahertz to 2 700 megahertz; or

                             (ii)  the balloon is fitted with a device to allow it to be continuously tracked by the operator beyond the range of ground‑based radar; and

                     (d)  if the balloon is operated in an area in which ground‑based secondary surveillance radar is in use, it is fitted with an SSR transponder (with altitude‑reporting capability) that either operates continuously or can be turned on by the operator if an air traffic control service so requires.

Penalty:  50 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

101.190  Lighting—medium and heavy balloons

             (1)  A person may operate a medium or heavy balloon below 60 000 feet pressure altitude at night only if both the balloon and its payload are lit (whether or not they become separated during the operation) so as to be visible, under the prevailing conditions, for at least 4 kilometres in all directions.

Penalty:  25 penalty units.

             (2)  For subregulation (1), a balloon is being operated at night if the sun is below the balloon’s horizon.

             (3)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

101.195  Marking—unmanned free balloons generally

             (1)  A person may operate an unmanned free balloon that carries a trailing antenna that requires a force of more than 230 newtons to break it only if the antenna has coloured streamers or pennants attached to it every 15 metres.

Penalty:  25 penalty units.

             (2)  A person may operate an unmanned free balloon that carries a payload only if the payload has fixed to it a durable identification plate carrying sufficient information:

                     (a)  to identify the payload; and

                     (b)  to enable somebody who finds the payload to contact the person who released the balloon.

Penalty:  10 penalty units.

             (3)  Subregulation (2) does not apply to a light or medium balloon operated by the Bureau of Meteorology.

             (4)  An offence against subregulation (1) or (2) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

101.200  Marking by day—heavy balloons

             (1)  A person may operate a heavy balloon (being a heavy balloon that has its payload suspended more than 15 metres below the envelope) above 60 000 feet pressure altitude by day only if:

                     (a)  the payload’s suspension is coloured in alternate bands of conspicuous colours, or has coloured pennants attached to it; or

                     (b)  the balloon has a conspicuous payload‑recovery parachute suspended under the envelope, or the balloon is suspended beneath a conspicuous open parachute.

Penalty:  25 penalty units.

             (2)  For subregulation (1), a balloon is being operated by day if the sun is above the balloon’s horizon.

             (3)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

101.205  Lighting by night—heavy balloons

             (1)  A person may operate a heavy balloon above 60 000 feet pressure altitude at night only if it is lit so as to be visible in VMC from at least 4 kilometres away.

Penalty:  25 penalty units.

             (2)  For subregulation (1), a balloon is being operated at night if the sun is below the balloon’s horizon.

             (3)  The lighting required by subregulation (1) may be inside the balloon, on its outside, or on the ground.

             (4)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

101.210  Obligation to stay in communication with ATC—medium and heavy balloons

             (1)  The operator of a medium or heavy balloon must establish and maintain communication with the relevant air traffic control service from the time the balloon begins to be inflated until the flight ends.

Penalty:  25 penalty units.

             (2)  The operator must tell the relevant air traffic control service at least 1 hour before the balloon is launched.

Penalty:  50 penalty units.

             (3)  An offence against subregulation (1) or (2) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

101.215  Tracking of flight—medium and heavy balloons

             (1)  The operator of a medium or heavy balloon must track its flight continuously.

Penalty:  10 penalty units.

             (2)  While the balloon is below 60 000 feet pressure altitude, if it cannot be tracked visually from the ground or by radar, the operator must ensure that a tracking aircraft accompanies it continuously.

Penalty:  10 penalty units.

             (3)  An offence against subregulation (1) or (2) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

101.220  Flight reporting—medium and heavy balloons

             (1)  The operator of a medium or heavy balloon must report the progress of the balloon’s flight to the relevant air traffic control service as follows:

                     (a)  the operator must tell the service immediately when the balloon is released;

                     (b)  the operator must tell the service when the balloon leaves each 10 000‑foot level up to 60 000 feet (pressure altitude);

                     (c)  the operator must report the balloon’s position to the relevant air traffic control service periodically, as follows:

                              (i)  when required to do so by the service;

                             (ii)  while the balloon is below 60 000 feet pressure altitude—every 10 minutes;

                            (iii)  while the balloon is at or above 60 000 feet pressure altitude—every 2 hours;

                     (d)  if the operator loses the balloon’s position, the operator must tell the service immediately that tracking has been lost and the balloon’s last known position;

                     (e)  after having re‑established tracking of the balloon, the operator must tell the service immediately that tracking has been re‑established and the balloon’s position at that time.

Penalty:  10 penalty units.

             (2)  If the balloon is being accompanied by a tracking aircraft, the operator must ensure that the crew of the aircraft maintains continuous 2‑way communication with the relevant air traffic control service.

Penalty:  10 penalty units.

          (2A)  An offence against subregulation (1) or (2) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (3)  A reference in this regulation to the relevant air traffic control service is to be read, at a particular time, as a reference to the air traffic control service that is responsible for the airspace in which the balloon is located at the time.

101.225  Ending flight and recovery—medium and heavy balloons

             (1)  The operator of a medium or heavy balloon must give to the relevant air traffic control service at least 1 hour’s notice of the time the flight is planned to end, and when doing so must also give to the air traffic control service the following information:

                     (a)  the balloon’s current position and altitude;

                     (b)  the estimated time at which, and the estimated location over which, the balloon will pass through 60 000 feet pressure altitude during its descent;

                     (c)  the estimated time when, and place where, the payload will fall.

Penalty:  10 penalty units.

             (2)  The operator may command the balloon to end its flight only:

                     (a)  in an emergency; or

                     (b)  if cleared to do so by the relevant air traffic control service.

Penalty:  50 penalty units.

             (3)  If the operator commands the balloon to end its flight when not cleared by air traffic control to do so, the operator must tell the relevant air traffic control service immediately, and when doing so must also give to it the following information:

                     (a)  the balloon’s current position and altitude;

                     (b)  the estimated time when and place where the payload will fall.

Penalty:  10 penalty units.

             (4)  The operator must tell the relevant air traffic control service as soon as possible after the balloon’s payload falls.

Penalty:  10 penalty units.

          (4A)  An offence against subregulation (1), (2), (3) or (4) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (5)  A reference in this regulation to the relevant air traffic control service is to be read, at a particular time, as a reference to the air traffic control service that is responsible for the airspace in which the balloon is located at the time.

101.230  Direction by ATC to end flight in certain circumstances

             (1)  If a balloon is in controlled airspace and an air traffic control service considers that it poses a hazard to other aircraft, or to people or property on the ground, that service may direct the balloon’s operator to end the balloon’s flight immediately.

             (2)  The operator must comply with the direction by ending the balloon’s flight by the fastest possible method.

Penalty:  50 penalty units.

             (3)  An offence against subregulation (2) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

Subpart 101.FRemotely piloted aircraft

Division 101.F.1General

101.235  Application of Subpart 101.F

                   This Subpart applies to the operation of the following:

                     (a)  very small RPA, other than for the purpose of sport or recreation;

                     (b)  small RPA, other than for the purpose of sport or recreation;

                     (c)  medium RPA, other than for the purpose of sport or recreation;

                     (d)  large RPA.

101.236  Meaning of approved area

                   In this Subpart:

approved area means an area approved under regulation 101.030 as an area for the operation of RPA.

Note:          CASA must publish details of the approval of an area (including any conditions) in NOTAMS or on an aeronautical chart: see subregulation 101.030(7).

101.237  Meaning of excluded RPA

             (1)  This regulation sets out what is an excluded RPA.

Note:          Excluded RPA can be operated without certain licences and permissions. See for example regulation 101.252, which requires a person to have a remote pilot licence to operate an RPA, unless it is an excluded RPA.

             (2)  A micro RPA is an excluded RPA.

             (3)  A very small RPA is an excluded RPA if it is being operated:

                     (a)  for the purpose of sport or recreation; or

                     (b)  in standard RPA operating conditions.

             (4)  A small RPA is an excluded RPA if it is being operated:

                     (a)  by or on behalf of the owner of the RPA; and

                     (b)  over land owned or occupied by the owner of the RPA; and

                     (c)  in standard RPA operating conditions; and

                     (d)  for the purposes of one or more of the following:

                              (i)  aerial spotting;

                             (ii)  aerial photography;

                            (iii)  agricultural operations;

                            (iv)  aerial communications retransmission;

                             (v)  the carriage of cargo;

                            (vi)  any other activity that is similar to an activity mentioned in the subparagraphs above; and

                            for which no remuneration is received by the operator or the owner of the RPA, the owner or occupier of the land or any person on whose behalf the activity is being conducted.

             (5)  A small RPA, or a medium RPA, is an excluded RPA if it is being operated for the purpose of sport or recreation.

             (6)  A small RPA, or a medium RPA, is an excluded RPA if it is being operated in standard RPA operating conditions by:

                     (a)  a person for the sole purpose of meeting the experience requirement mentioned in paragraph 101.295(2)(c) for the grant of a remote pilot licence; or

                     (b)  the holder of a remote pilot licence for the sole purpose of getting practical experience and gaining competency in the operation of an RPA, including a kind of RPA that is not specified in the holder’s remote pilot licence.

             (7)  A medium RPA is an excluded RPA if it is being operated:

                     (a)  by or on behalf of the owner of the RPA; and

                     (b)  by a person who holds a remote pilot licence that authorises the person to operate the RPA; and

                     (c)  over land owned or occupied by the owner of the RPA; and

                     (d)  in standard RPA operating conditions; and

                     (e)  for the purposes of one or more of the following:

                              (i)  aerial spotting;

                             (ii)  aerial photography;

                            (iii)  agricultural operations;

                            (iv)  aerial communications retransmission;

                             (v)  the carriage of cargo;

                            (vi)  any other activity that is similar to an activity mentioned in the subparagraphs above; and

                            for which no remuneration is received by the operator or owner of the RPA, the owner or occupier of the land or any person on whose behalf the activity is being conducted.

             (8)  An RPA is an excluded RPA if it is being operated:

                     (a)  by a person solely for the purpose of the person receiving training from an RPA operator who holds a certificate under Division 101.F.4 that authorises the operator to conduct operations using the RPA; and

                     (b)  in accordance with the operator’s documented training procedures.

101.238  Meaning of standard RPA operating conditions

                   An RPA is operated in standard RPA operating conditions if, during the operation:

                     (a)  the RPA is operated within the visual line of sight of the person operating the RPA; and

                     (b)  the RPA is operated at or below 400 ft AGL by day; and

                     (c)  the RPA is not operated within 30 m of a person who is not directly associated with the operation of the RPA; and

                     (d)  the RPA is not operated:

                              (i)  in a prohibited area; or

                             (ii)  in a restricted area that is classified as RA3; or

                            (iii)  in a restricted area that is classified as RA2 or RA1 otherwise than in accordance with regulation 101.065; or

                            (iv)  over a populous area; or

                             (v)  within 3 nautical miles of the movement area of a controlled aerodrome; and

                     (e)  the RPA is not operated over an area where a fire, police or other public safety or emergency operation is being conducted without the approval of a person in charge of the operation; and

                      (f)  the person operating the RPA operates only that RPA.

Division 101.F.2Operation of RPA generally

101.245  Operation near people

             (1)  Subject to subregulations (2) and (3), a person must not operate an RPA within 30 metres of a person (the second person) who is not directly associated with the operation of the RPA.

Penalty:  10 penalty units.

          (1A)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (2)  Subregulation (1) does not apply if the second person is standing behind the RPA while the RPA is taking off.

             (3)  Subregulation (1) does not apply if:

                     (a)  the RPA is a very small RPA, small RPA or medium RPA; and

                     (b)  the second person has consented to the RPA operating within 30 m of him or her; and

                     (c)  the RPA is operated no closer than 15 m of him or her.

             (4)  Subregulation (1) does not apply if:

                     (a)  the RPA is an airship; and

                     (b)  the airship approaches no closer to the second person than 10 m horizontally and 30 ft vertically.

             (5)  Subregulation (1) does not apply if the person holds an approval under regulation 101.029 for the purposes of this subregulation.

Note:          A defendant bears an evidential burden in relation to the matters in subregulation (2) to (5): see subsection 13.3(3) of the Criminal Code.

101.247  Operations in prescribed areas—requirements prescribed by the Part 101 Manual of Standards

             (1)  The Part 101 Manual of Standards may prescribe requirements relating to the operation of RPA in areas (prescribed areas) prescribed by the Part 101 Manual of Standards.

             (2)  A person commits an offence of strict liability if:

                     (a)  the person operates an RPA in a prescribed area; and

                     (b)  the person is subject to a requirement under subregulation (1) in relation to the operation of the RPA in the area; and

                     (c)  the person does not comply with the requirement.

Penalty:  50 penalty units.

101.250  Where very small, small and medium RPA may be operated

             (1)  A person may operate a very small RPA, a small RPA or a medium RPA outside an approved area only if:

                     (a)  where the RPA is operated above 400 feet AGL, the operator has CASA’s approval to do so; and

                     (b)  the RPA stays clear of populous areas.

Penalty:  10 penalty units.

Note 2:       CASA must publish details of the approval of an area (including any conditions) in NOTAM or on an aeronautical chart—see subregulation 101.030(5).

Note 3:       This Subpart only applies to the operation of certain RPA: see regulation 101.235.

             (2)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

101.252  Certain RPA—requirement for remote pilot licence

             (1)  This regulation does not apply in relation to the operation of an excluded RPA.

             (2)  A person commits an offence of strict liability if:

                     (a)  the person operates an RPA; and

                     (b)  the person does not hold a remote pilot licence that authorises the person to operate the RPA.

Penalty:  50 penalty units.

101.255  Large RPA—requirement for certificate

             (1)  A person may operate a large RPA only if either a special certificate of airworthiness (restricted category), or an experimental certificate, has been issued for it under Subpart 21.H of Part 21.

Penalty:  50 penalty units.

Note 1:       For large RPA, see regulation 101.240.

Note 2:       A large RPA is required to carry a manufacturer’s data plate and an aircraft registration identification plate—see respectively regulation 21.820 and Subpart 45.D of Part 45.

             (2)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

101.260  Maintenance of large RPA

             (1)  Subdivision 2 of Division 2 of Part 4A of CAR applies to large RPA.

Note:          That is, a large RPA must be maintained as a Class B aircraft.

             (2)  A person who carries out maintenance on a large RPA must comply with any directions given in writing by CASA in relation to the maintenance of the RPA, or the maintenance of RPA of a class that includes the RPA.

101.265  Large RPA—persons permitted to carry out maintenance

             (3)  For subsection 20AB(2) of the Act, and despite anything in regulation 42ZC of CAR 1988, a person may carry out maintenance on:

                     (a)  a large RPA that is an Australian aircraft; or

                     (b)  an aircraft component for such an RPA; or

                     (c)  aircraft material for such an RPA;

if the person:

                     (d)  holds an airworthiness authority that authorises the maintenance; or

                     (e)  carries out the maintenance under the supervision of a person who holds such an authority.

101.270  Certain RPA—requirement for RPA operator’s certificate

             (1)  This regulation does not apply in relation to the operation of an excluded RPA.

             (2)  A person commits an offence of strict liability if:

                     (a)  the person conducts operations using RPA; and

                     (b)  the person does not hold a certificate as an RPA operator under Division 101.F.4 that authorises the person to conduct the operations.

Penalty:  50 penalty units.

101.272  Certain RPA—requirement to keep records or give information to CASA

             (1)  The Part 101 Manual of Standards may require a person who operates, or proposes to operate, RPA to do either or both of the following:

                     (a)  keep records, in accordance with the requirements prescribed by the Part 101 Manual of Standards;

                     (b)  give information to CASA, in accordance with the requirements prescribed by the Part 101 Manual of Standards.

             (2)  A person commits an offence of strict liability if:

                     (a)  the person is subject to a requirement under subregulation (1); and

                     (b)  the person does not comply with the requirement.

Penalty:  50 penalty units.

101.275  Approval of operation of large RPA

             (1)  A person may operate a large RPA only with CASA’s approval.

Penalty:  50 penalty units.

          (1A)  A person may apply to CASA, in writing, for approval to operate a large RPA.

Note 1:       An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations—see regulation 11.030.

Note 2:       Part 11 deals with applications and decision making.

          (1B)  Subject to regulation 11.055, CASA must grant the approval if:

                     (a)  the person is certified as an operator of large RPA; and

                     (b)  the operation would not contravene any condition of the certification.

Note 1:       Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:

(a)    a decision refusing to issue, or cancelling, suspending or varying, an approval; or

(b)    a decision imposing a condition on an approval.

Note 2:       For certification as an operator of RPA, see Division 101.F.4.

             (3)  Without limiting regulations 11.056 and 11.067, CASA may impose conditions on an approval:

                     (a)  prohibiting the operation of the relevant RPA at night or in conditions other than VMC; or

                     (b)  restricting the extent to which the RPA may be operated at night or in conditions other than VMC; or

                     (c)  requiring the RPA to stay within a specified area, or

                     (d)  requiring the operator to make specified broadcasts.

             (6)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

101.280  RPA not to be operated over populous areas

             (1)  In this regulation:

certificated RPA means an RPA for which a certificate of airworthiness has been issued.

             (2)  A person must not operate an RPA that is not a certificated RPA over a populous area at a height less than the height from which, if any of its components fails, it would be able to clear the area.

Penalty:  50 penalty units.

Note 1:       For populous area, see regulation 101.025. For RPA, see regulation 101.240.

Note 2:       For the kinds of RPA operation to which this Subpart applies, see regulation 101.235.

             (3)  Without the approval of CASA, a person must not operate a certificated RPA over a populous area at a height less than the height from which, if any of its components fails, it would be able to clear the area.

Penalty:  50 penalty units.

          (3A)  An offence against subregulation (2) or (3) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (4)  In considering whether to give an approval under subregulation (3), CASA must take into account:

                     (a)  the degree of redundancy in the RPA’s critical systems; and

                     (b)  any fail‑safe design characteristics of the RPA; and

                     (c)  the security of its communications and navigation systems.

             (5)  Before giving an approval under subregulation (3), CASA must be satisfied that the person who intends to operate the RPA will take proper precautions to prevent the proposed flight being dangerous to people and property.

101.285  Use of aeronautical radio

             (1)  A person may operate an RPA (other than a very small RPA) in controlled airspace only if he or she:

                     (a)  holds a relevant qualification; and

                     (b)  maintains a listening watch on a specified frequency or frequencies; and

                     (c)  makes broadcasts on a specified frequency or frequencies at the specified interval giving the specified information.

Penalty:  25 penalty units.

Note:          This Subpart only applies to the operation of certain RPA: see regulation 101.235.

             (2)  In this regulation:

relevant qualification means any of the following qualifications:

                     (a)  an aeronautical radio operator certificate;

                     (b)  a flight crew licence;

                     (c)  an air traffic control licence;

                     (d)  a military qualification equivalent to a licence mentioned in paragraph (b) or (c);

                     (e)  a flight service licence.

specified frequency for particular airspace means a frequency specified from time to time in AIP or by ATC as a frequency for use in the airspace.

specified information for particular airspace means information specified from time to time in AIP or by ATC as information that must be broadcast in the airspace.

specified interval for particular airspace means the interval specified from time to time in AIP or by ATC as the interval at which broadcasts must be made while in that airspace.

             (3)  CASA may direct that a particular person must not operate an RPA unless the person:

                     (a)  holds a relevant qualification; and

                     (b)  maintains a listening watch on a frequency or frequencies specified in the direction; and

                     (c)  makes broadcasts:

                              (i)  on a frequency or frequencies; and

                             (ii)  at intervals; and

                            (iii)  giving information—

                            specified in the direction.

             (4)  The person must comply with the direction.

Penalty:  50 penalty units.

             (5)  CASA may direct, in regard to a particular RPA or type of RPA, that a person must not operate the RPA, or an RPA of that type, unless he or she:

                     (a)  holds a relevant qualification; and

                     (b)  maintains a listening watch on a frequency or frequencies specified in the direction; and

                     (c)  makes broadcasts:

                              (i)  on a frequency or frequencies; and

                             (ii)  at intervals; and

                            (iii)  giving information—

                            specified in the direction.

             (6)  The person must comply with the direction.

Penalty:  50 penalty units.

             (7)  For subregulations (3) and (5), CASA may specify that a frequency is to be a frequency specified under paragraph 99A(3)(b) of CAR for a particular area or aerodrome.

             (8)  An offence against subregulation (1), (4) or (6) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

Division 101.F.3Remote pilot licences

Note:          In addition to the provisions of this Division, Part 11 contains provisions relating to an application for a remote pilot licence.

101.290  Application for remote pilot licence

          (1A)  An individual may apply to CASA, in writing, for a licence (a remote pilot licence) to operate an RPA.

Note:          For the kinds of RPA to which this Subpart applies, see regulation 101.235.

             (1)  An application for a remote pilot licence must include the following information:

                     (a)  details of any flight crew licence, air traffic control licence or flight service licence that the applicant holds (including details of ratings, endorsements and qualifications);

                    (aa)  details of any military qualification the applicant holds that is equivalent to a licence mentioned in paragraph (a);

                     (b)  details of any aeronautical experience that the applicant has;

                     (c)  details of any of the following examinations the applicant has passed (other than any examination passed in the course of gaining a licence mentioned in paragraph (a)):

                              (i)  an aeronautical examination (within the meaning of Part 61);

                             (ii)  an aviation licence theory examination before 1 September 2014 that is taken to be an equivalent requirement for the grant of a flight crew licence under regulation 202.274;

                     (d)  if the applicant does not hold a licence mentioned in paragraph (a), details of any aeronautical radio operator certificate that the applicant holds;

                     (e)  details of the applicant’s experience in operating RPA;

                      (f)  evidence of the completion of any training course in RPA operation that the applicant has undertaken.

101.295  Eligibility for remote pilot licence

             (2)  Subject to regulation 11.055, CASA must grant a remote pilot licence to the applicant if he or she:

                     (a)  has passed:

                              (i)  an aeronautical knowledge examination (within the meaning of Part 61) for a flight crew licence under Part 61; or

                             (ii)  an aviation licence theory examination before 1 September 2014 that is taken to be an equivalent requirement for the grant of a flight crew licence under regulation 202.274; or

                            (iii)  the theory component of an RPL training course; or

                            (iv)  the theory component of a course conducted in a foreign country which CASA is satisfied is equivalent to the theory component of an RPL training course; and

                     (b)  has completed:

                              (i)  an RPL training course in the manual or automated operation of a category of RPA that he or she proposes to operate; or

                             (ii)  before 1 June 2017, a training course in the operation of a category of RPA that he or she proposes to operate, conducted by the RPA’s manufacturer or an agent of the manufacturer; or

                            (iii)  a flight test conducted by CASA for the purposes of this subparagraph; and

                     (c)  has at least 5 hours experience in operating an RPA under standard RPA operating conditions.

Note:          Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:

(a)    a decision refusing to grant, or cancelling, suspending or varying, a licence; or

(b)    a decision imposing a condition on a licence.

                   See also section 31 of the Act.

             (3)  A person who holds or has held:

                     (a)  a flight crew licence; or

                     (b)  a military qualification equivalent to a flight crew licence; or

                     (c)  an air traffic control licence, or a military qualification equivalent to an air traffic control licence;

is taken to satisfy the condition in paragraph (2)(a).

101.300  Conditions on remote pilot licences

             (2)  Without limiting regulations 11.056 and 11.067, a condition may:

                     (a)  allow the person to operate RPA of only specified kinds; or

                     (b)  limit the areas where he or she may operate RPA; or

                     (c)  allow him or her to operate RPA only in VMC.

             (3)  It is a condition of a remote pilot licence that the licence holder must not operate an RPA above 400 ft AGL in controlled airspace, or within 3 nautical miles of the movement area of a controlled aerodrome, unless he or she holds at least one of the following qualifications:

                     (a)  an aeronautical radio operator certificate;

                     (b)  a flight crew licence;

                     (c)  an air traffic control licence;

                     (d)  a military qualification equivalent to a licence mentioned in paragraph (b) or (c);

                     (e)  a flight service licence.

             (4)  It is a condition of a remote pilot licence that an RPA must be operated within the visual line of sight of the licence holder unless he or she:

                     (a)  has passed:

                              (i)  an aeronautical knowledge examination (within the meaning of Part 61) for the grant of an instrument rating under Part 61; or

                             (ii)  an aviation licence theory examination before 1 September 2014 that is taken to be an equivalent requirement for the grant of an instrument rating under regulation 202.274; or

                            (iii)  an approved examination; and

                     (b)  either:

                              (i)  holds both a certificate as an RPA operator under Division 101.F.4 and an approval under regulation 101.029 to operate the RPA beyond the person’s visual line of sight; or

                             (ii)  is a member of an RPA operator’s personnel and the RPA operator holds both a certificate as an RPA operator under Division 101.F.4 and an approval under regulation 101.029 for the operator’s personnel to operate RPA beyond their visual line of sight.

             (5)  It is a condition of a remote pilot licence that the licence holder must not operate more than 1 RPA at a time unless:

                     (a)  he or she holds an approval under regulation 101.029 to operate more than 1 RPA at a time; and

                     (b)  the conditions (if any) imposed on the approval are complied with.

             (6)  The holder of a remote pilot licence commits an offence of strict liability if the holder contravenes a condition mentioned in subregulation (3), (4) or (5).

Penalty:  50 penalty units.

101.315  Notice to holder of remote pilot licence to show cause

             (1)  CASA may give a show cause notice to the holder of a remote pilot licence if there are reasonable grounds for believing that there are facts or circumstances that would justify the cancellation of the licence under regulation 101.320.

             (2)  A show cause notice must:

                     (a)  tell the holder of the licence of the facts and circumstances that, in CASA’s opinion, would justify the cancellation of the licence under regulation 101.320; and

                     (b)  invite the holder of the licence to show in writing, within a reasonable time stated in the notice, why the licence should not be cancelled.

             (3)  A show cause notice may state that the licence is suspended if CASA reasonably considers that there may be a serious risk to the safety of air navigation if the licence were not suspended.

             (4)  If a show cause notice states that the licence is suspended, the licence is suspended from when the notice is given to the holder.

             (5)  CASA may at any time revoke the suspension.

             (6)  If the approval is suspended and CASA has not dealt with it under regulation 101.320 within 90 days after the day it is suspended, the suspension lapses at the end of that period.

Note:          Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal.

101.320  Cancellation of remote pilot licence

             (1)  CASA may cancel a remote pilot licence by written notice to the holder of the licence, if:

                     (a)  CASA has given to the holder a show cause notice under regulation 101.315 in relation to it; and

                     (b)  CASA has taken into account any representations made, within the period stated in the notice, by or on behalf of the holder; and

                     (c)  there are reasonable grounds for believing that the holder:

                              (i)  has operated an RPA in contravention of these Regulations or of a condition of the licence; or

                             (ii)  has operated the RPA negligently or carelessly; or

                            (iii)  in operating the RPA, has recklessly endangered human life or property.

             (2)  If CASA has given a show cause notice under regulation 101.315 to the holder of a remote pilot licence, and it decides not to cancel the licence, it:

                     (a)  must tell the holder in writing of the decision; and

                     (b)  must, if the holder’s licence is suspended under that regulation, revoke the suspension.

Note:          Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal.

Division 101.F.4Certification of RPA operators

Note:          In addition to the provisions of this Division, Part 11 contains provisions relating to an application for certification as an RPA operator.

101.330  Application for certification as RPA operator

          (1A)  A person may apply to CASA, in writing, for certification as an RPA operator.

Note:          An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations—see regulation 11.030.

             (1)  An application for certification as an RPA operator must include:

                     (a)  details of:

                              (i)  the applicant’s structure and organisation; and

                             (ii)  its staff and their qualifications and experience (including, in particular, the names, qualifications, experience, duties and functions of the persons who are to be the applicant’s chief remote pilot and maintenance controller); and

                            (iii)  its facilities and equipment; and

                            (iv)  its practices and procedures; and

                     (b)  a general description of the proposed operations, including the type or types of RPA to be used; and

                     (c)  if the applicant proposes to conduct an RPL training course—details of the proposed training.

             (2)  The application must be accompanied by a copy of each of the applicant’s manuals relevant to the operation of RPA.

101.335  Eligibility for certification as RPA operator

          (1A)  Subject to regulation 11.055, CASA must certify an applicant as an RPA operator if the applicant is eligible to be certified as an RPA operator in accordance with this regulation.

Note:          Under regulation 201.004, an application may be made to the Administrative Appeals Tribunal for review of:

(a)    a decision refusing to grant, or cancelling, suspending or varying, a certificate; or

(b)    a decision imposing a condition on a certificate.

                   See also section 31 of the Act.

             (1)  A person is eligible to be certified as an RPA operator if:

                     (a)  the person has an organisation and structure that is appropriate for safe operation of RPA; and

                     (b)  the person has enough qualified and experienced personnel to undertake the proposed operations safely; and

                     (c)  the person has facilities and equipment appropriate to carry out the proposed operations using RPA of the type to be used; and

                     (d)  the person has suitable documented practices and procedures to do so, including practices and procedures for the maintenance of the operator’s RPASs; and

                      (f)  the person has nominated suitable persons to be its chief remote pilot and maintenance controller.

             (2)  A body that is not a legal person is not eligible to be certified as an RPA operator.

             (3)  Two or more persons cannot be certified jointly as an RPA operator.

101.340  Conditions on certification

             (1)  It is a condition of the certification of a person as an RPA operator that the person:

                     (a)  maintains within its organisation a position of chief remote pilot having at least the functions and duties set out in regulation 101.342; and

                     (b)  employs as its chief remote pilot a person who holds a remote pilot licence under Division 101.F.3 and who is competent to carry out those duties and perform those functions; and

                     (c)  either:

                              (i)  maintains a position within its organisation of maintenance controller, with the functions and duties set out in Advisory Circular 101‑05, as issued by CASA from time to time; or

                             (ii)  has an arrangement with another qualified and competent person to carry out those functions and duties; and

                     (d)  if it maintains within its organisation a position of maintenance controller—employs as its maintenance controller a person who is competent to carry out the duties and perform the functions of a maintenance controller; and

                     (e)  complies with the operator’s documented practices and procedures.

             (4)  Without limiting regulations 11.056 and 11.067, a condition may:

                     (a)  allow the person to operate RPA of only specified kinds; or

                     (b)  allow the person to operate RPA only for specified purposes; or

                     (c)  limit the areas where the person may operate RPA; or

                     (d)  allow the person to operate RPA only in VMC; or

                     (e)  limit the number of RPA that an RPA operator may operate.

101.342  Functions and duties of chief remote pilot

                   For paragraph 101.340(1)(a), the functions and duties of a chief remote pilot are as follows:

                     (a)  ensuring the operator’s RPA operations are conducted in accordance with the civil aviation legislation;

                     (b)  maintaining a record of the qualifications held by each person operating RPA for the operator;

                     (c)  monitoring the operational standards and proficiency of each person operating RPA for the operator;

                     (d)  maintaining a complete and up‑to‑date reference library of operational documents required by CASA under subregulation 101.335(1) for the types of operations conducted by the operator.

101.360  Notice to certified RPA operator to show cause

             (1)  CASA may give a show cause notice to a certified RPA operator if there are reasonable grounds for believing that there are facts or circumstances that would justify the cancellation of the approval under regulation 101.365.

             (2)  A show cause notice must:

                     (a)  tell the holder of the facts and circumstances that, in CASA’s opinion, would justify the cancellation of the certification under regulation 101.365; and

                     (b)  invite the operator to show in writing, within a reasonable time stated in the notice, why the certification should not be cancelled.

             (3)  A show cause notice may state that the certification is suspended if CASA reasonably considers that there may be a serious risk to the safety of air navigation if the approval were not suspended.

             (4)  If a show cause notice states that the certification is suspended, the certification is suspended from when the notice is given to the holder.

             (5)  CASA may at any time revoke the suspension.

             (6)  If the approval is suspended and CASA has not dealt with it under regulation 101.365 within 90 days after the day it is suspended, the suspension lapses at the end of that period.

Note:          Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal.

101.365  Cancellation of RPA operator’s certification

             (1)  CASA may cancel a certified RPA operator’s certification by written notice to the operator, if:

                     (a)  CASA has given to the operator a show cause notice under regulation 101.360 in relation to it; and

                     (b)  CASA has taken into account any representations made, within the period stated in the notice, by or on behalf of the operator; and

                     (c)  there are reasonable grounds for believing that:

                              (i)  the operator has operated an RPA in contravention of these Regulations or of a condition of the certification; or

                             (ii)  a person engaged or employed by the operator has operated an RPA negligently or carelessly; or

                            (iii)  a person engaged or employed by the operator, in operating an RPA, has recklessly endangered human life or property.

             (2)  If CASA has given a show cause notice under regulation 101.360 to a certified RPA operator, and it decides not to cancel the approval, it:

                     (a)  must tell the operator in writing of the decision; and

                     (b)  must, if the operator’s certification is suspended under that regulation, revoke the suspension.

Note:          Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal.

101.370  Compliance with RPA operator’s practices and procedures

                   A person commits an offence of strict liability if the person:

                     (a)  is a member of an RPA operator’s personnel; and

                     (b)  is subject to a requirement under the RPA operator’s documented practices and procedures; and

                     (c)  does not comply with the requirement.

Penalty:  50 penalty units.

Division 101.F.5Operation of very small RPA for hire or reward

101.371  Requirement to give notice before operating very small RPA for hire or reward etc.

             (1)  A person commits an offence of strict liability if:

                     (a)  the person operates a very small RPA for hire or reward; and

                     (b)  the person has not given a notice to CASA, in accordance with regulation 101.372, at least 5 business days before the person first operates a very small RPA for hire or reward.

Penalty:  50 penalty units.

             (2)  A person commits an offence of strict liability if:

                     (a)  the person conducts operations using very small RPA for hire or reward; and

                     (b)  the person does not hold a certificate as an RPA operator under Division 101.F.4 that authorises the person to conduct the operations; and

                     (c)  the person has not given a notice to CASA, in accordance with regulation 101.372, at least 5 business days before the person first conducts the operation.

Penalty:  50 penalty units.

101.372  Notice to operate very small RPA for hire or reward etc.

             (1)  A person may notify CASA, in writing, that the person intends to do either or both of the following:

                     (a)  operate very small RPA for hire or reward;

                     (b)  conduct operations using very small RPA for hire or reward.

             (2)  The notification must be given in the form, and in the manner or way, approved by CASA.

101.373  Notification of changes in relation to operating very small RPA for hire or reward etc.

             (1)  If:

                     (a)  a person has given CASA a notice under regulation 101.372; and

                     (b)  a change, event or other matter of a kind prescribed by the Part 101 Manual of Standards occurs;

the person must notify CASA of the change, event or matter within 21 business days of the change, event or matter occurring.

             (2)  The notification must be given in the form, and in the manner or way, approved by CASA.

             (3)  A person commits an offence of strict liability if:

                     (a)  the person is subject to a requirement under subregulation (1); and

                     (b)  the person does not comply with the requirement.

Penalty:  50 penalty units.

101.374  Database of notifications

             (1)  CASA may establish and maintain a database of information that relates to notifications given under regulations 101.372 and 101.373.

             (2)  Without limiting subregulation (1), the database may contain the following information in relation to each notification:

                     (a)  the name of the person who gave the notification;

                     (b)  the person’s contact details;

                     (c)  the locations at which the operations will take place;

                     (d)  the types of RPA covered by the notification.

             (3)  The database may be made publicly available.

             (4)  The database may be kept and made publicly available in electronic form.

Subpart 101.GModel aircraft

  

101.375  Applicability of this Subpart

                   This Subpart applies to the operation of model aircraft weighing 100 grams or more (except operation mentioned in paragraph 101.005(3)(a) or (b)).

Note 1:       For model aircraft, see the Dictionary.

Note 2:       This Subpart does not apply to:

(a)    a control‑line model aircraft (that is, a model aircraft that is constrained to fly in a circle, and is controlled in attitude and altitude, by means of inextensible wires attached to a handle held by the person operating the model); or

(b)    a model aircraft flown indoors.

                   See subregulation 101.005(3).

101.380  Definitions for Subpart

                   In this Subpart:

approved area means an area approved under regulation 101.030 as an area for the operation of model aircraft.

Note:          CASA must publish details of the approval of an area (including any conditions) in NOTAM or on an aeronautical chart—see subregulation 101.030(5).

giant model aircraft means a model aircraft that has a take‑off mass (excluding fuel) of more than 25 kilograms, but not more than 150 kilograms.

Note:          For model aircraft, see the Dictionary.

101.385  Visibility for operation of model aircraft

             (1)  A person may operate a model aircraft only if the visibility at the time is good enough for the person operating the model to be able to see it continuously.

Penalty:  25 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

101.390  Operating model aircraft at night

             (1)  A person may operate a model aircraft at night only in accordance with the written procedures of an approved aviation administration organisation.

Penalty:  25 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

101.395  Keeping model aircraft away from people

             (1)  A person must not operate a model aircraft over a populous area at a height less than the height from which, if any of its components fails, it would be able to clear the area.

Penalty:  50 penalty units.

Note:          For populous area, see regulation 101.025.

             (2)  Subject to subregulations (3) and (4), somebody who is operating a powered model aircraft must ensure that, while the model aircraft is in flight, or is landing or taking off, it stays at least 30 metres away from anyone not directly associated with the operation of model aircraft.

Penalty:  50 penalty units.

             (3)  Subregulation (2) is not contravened if somebody stands behind the model aircraft while it is taking off.

             (4)  Subregulation (2) is also not contravened if, as part of a model flying competition, a model aircraft is flown within 30 metres of somebody who is judging the competition.

             (5)  An offence against subregulation (1) or (2) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

101.400  Operation of model aircraft outside approved areas

             (1)  A person may operate a model aircraft outside an approved area above 400 feet AGL only if he or she:

                     (a)  keeps it in sight; and

                     (b)  keeps it clear of populous areas.

Penalty:  10 penalty units.

Note 1:       For populous area, see regulation 101.025.

Note 2:       CASA must publish details of the approval of an area (including any conditions) in NOTAM or on an aeronautical chart—see subregulation 101.030(5).

             (2)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

101.405  Giant model aircraft

             (1)  A person may operate a giant model aircraft only in accordance with:

                     (a)  the rules and procedures of an approved aviation administration organisation; or

                     (b)  an approval given by CASA.

Penalty:  50 penalty units.

Note:          For giant model aircraft, see regulation 101.380.

             (2)  CASA may impose a condition on the operation of a giant model aircraft if the condition is reasonably necessary in the circumstances in the interests of aviation safety.

             (3)  The operator of a giant model aircraft must comply with any condition imposed under subregulation (2).

Penalty:  50 penalty units.

             (4)  An offence against subregulation (1) or (3) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

101.410  Model flying displays

             (1)  A person may conduct a model aircraft flying display only in compliance with subregulation (2) or (3).

Penalty:  50 penalty units.

          (1A)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (2)  A person complies with this subregulation if the display is conducted:

                     (a)  in an approved area; and

                     (b)  in accordance with the rules and procedures of an approved aviation administration organisation.

Note:          CASA must publish details of the approval of an area (including any conditions) in NOTAM or on an aeronautical chart—see subregulation 101.030(5).

             (3)  A person complies with this subregulation if the display is conducted in accordance with the following conditions and any other conditions imposed by CASA under subregulation (4):

                     (a)  at least 21 days before the display, somebody is nominated as the organiser of the display;

                     (b)  at least 21 days before the display, he or she gives to CASA the following information:

                              (i)  his or her name, address, email address and telephone number;

                             (ii)  the proposed program of flying;

                            (iii)  where the display will be held, and how big the intended flying field is;

                            (iv)  how many spectators are expected, and where they will be;

                     (c)  he or she ensures that:

                              (i)  having regard to the events making up the display, proper precautions are taken for the safety of the participants and spectators; and

                             (ii)  the operators participating in the display are competent to carry out each proposed manoeuvre safely.

             (4)  CASA may impose a condition on the conduct of a model flying display if in the circumstances the condition is reasonably necessary in the interests of aviation safety.

Subpart 101.HRockets

  

101.415  Applicability of this Subpart

                   This Subpart applies to the operation of rockets of all kinds, except rockets mentioned in paragraph 101.005(3)(f).

Note 1:       That is, this Subpart does not apply to a firework rocket not capable of rising more than 400 feet AGL. See paragraph 101.005(3)(f).

Note 2:       Rocket in this Subpart does not include a rocket‑powered aircraft—see regulation 101.425.

101.420  Application of State and Territory laws about rockets

             (1)  If a law of a State or Territory deals with the operation or use of rockets, and is not inconsistent with this Subpart, nothing in this Subpart affects the operation of the law.

             (2)  For subregulation (1), a law of a State or Territory is not inconsistent with this Subpart if it is possible to comply with both this Subpart and the State or Territory law at once.

101.425  Definitions for Subpart

                   In this Subpart:

approved area means an area approved under regulation 101.030 as an area for the operation of rockets.

Note:          CASA must publish details of the approval of an area (including any conditions) in NOTAM or on an aeronautical chart—see subregulation 101.030(5).

high power rocket means a rocket that is not a model rocket, and, to avoid doubt, includes:

                     (a)  a sounding rocket; and

                     (b)  a sub‑orbital rocket; and

                     (c)  a launch vehicle (within the meaning given by the Space Activities Act 1998).

model rocket means a rocket that:

                     (a)  weighs no more than 1 500 grams; and

                     (b)  carries no more than 125 grams of propellant; and

                     (c)  produces no more than 320 newton‑seconds of impulse; and

                     (d)  is made of balsa, wood, paper or plastics or a combination of those materials, but contains no metal as structural parts.

rocket does not include a rocket‑powered or rocket‑assisted aircraft.

101.430  Launching rocket in or over prohibited or restricted area

             (1)  A person may launch a rocket (including a model rocket) in or over a prohibited area, or in or over a restricted area, only with the permission of, and in accordance with any conditions imposed by, the authority controlling the area.

Penalty:  25 penalty units.

Note:          Details of prohibited and restricted areas are published in the AIP or NOTAMS.

             (2)  In subregulation (1):

authority controlling the area means:

                     (a)  in the case of a prohibited area—the Secretary of the Department administered by the Minister administering section 1 of the Defence Act 1903; and

                     (b)  in the case of a restricted area—the authority mentioned in AIP (as issued from time to time) as the controlling authority for the area.

             (3)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

101.435  Launching rockets into controlled airspace

             (1)  A person may launch a rocket (including a model rocket) to higher than 400 feet AGL in controlled airspace only:

                     (a)  in an approved area; or

                     (b)  in accordance with an air traffic control clearance.

Penalty:  50 penalty units.

Note:          CASA must publish details of the approval of an area (including any conditions) in NOTAM or on an aeronautical chart—see subregulation 101.030(5).

             (2)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

101.440  Launching rockets near aerodromes

             (1)  A person may launch a rocket that is not a small model rocket to higher than 400 feet AGL within 3 nautical miles of an aerodrome only if:

                     (a)  doing so is permitted by another provision of this Part; or

                     (b)  permission has been given for the operation under regulation 101.445.

Penalty:  25 penalty units.

Note 1:       For model rocket, see regulation 101.425.

Note 2:       Some special provisions apply to model rockets—see regulation 101.470.

             (2)  In subregulation (1):

small model rocket means a model rocket that weighs less than 500 grams and either:

                     (a)  uses no more than 25 grams of propellant; or

                     (b)  produces no more than 20 newton‑seconds of impulse.

             (3)  A person may launch a rocket (including both a small model rocket and any other model rocket) from or over an area mentioned in paragraph (4)(a) or (b) only if:

                     (a)  doing so is permitted by another provision of this Part; or

                     (b)  permission has been given for the operation under regulation 101.445.

Penalty:  25 penalty units.

             (4)  The areas for subregulation (3) are:

                     (a)  a movement area or runway of an aerodrome; and

                     (b)  the approach or departure path of a runway of an aerodrome.

             (5)  An offence against subregulation (1) or (3) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

101.445  Getting permission for launch of rocket near aerodrome

             (1)  The authority that must give permission for regulation 101.440 is:

                     (a)  if the aerodrome concerned is a controlled aerodrome—the air traffic control service for the aerodrome; or

                     (b)  in the case of any other aerodrome—CASA.

             (2)  A person applies for permission under this regulation by giving to the relevant authority mentioned in subregulation (1) the information required by table 101.445, so far as relevant to the proposed launch:

 

Table 101.445     Details of launching of rocket to be given to CASA

Item

Information to be provided

1

The name, address, email address and telephone number of the person who will launch the rocket (or, if several people will be involved, the name, address, email address and telephone number of the person who will coordinate the launching)

2

The date and time the rocket is to be launched

3

Where it is to be carried out

4

The size and mass of the rocket

5

The estimated greatest altitude or flight level that the rocket will reach

6

If more than 1 rocket is to be launched at a time, how many rockets are to be launched at the time

             (3)  If more than 1 rocket is to be launched at a time, such a requirement is a requirement to give the information about each such launch.

             (4)  Regulation 101.035 does not authorise a person who or that applies for permission under this regulation to make the application to a body mentioned in paragraph 101.035(1)(a) or (b).

             (5)  An authority mentioned in subregulation (1) may impose conditions on a permission in the interests of the safety of air navigation.

             (6)  A person must not contravene a condition imposed under subregulation (5).

Penalty:  50 penalty units.

             (7)  An offence against subregulation (6) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

101.450  High power rockets

             (1)  A person may launch a high power rocket, or permit a high power rocket to be launched, only in an approved area.

Penalty:  10 penalty units.

Note 1:       CASA must publish details of the approval of an area (including any conditions) in NOTAM or on an aeronautical chart—see subregulation 101.030(5).

Note 2:       For high power rocket, see regulation 101.425.

             (2)  A person may launch a high power rocket, or permit a high power rocket to be launched, only if the person gives the details listed in the table following subregulation 101.445(2) to CASA at least 1 working day before the intended time of the launch.

Penalty:  10 penalty units.

Note:          A person can comply with this requirement by telling:

(a)    if the person is an approved aviation administration organisation—the Australian NOTAM Office; or

(b)    the appropriate approved aviation administration organisation.

                   See regulation 101.035.

             (3)  If more than 1 rocket is to be launched at a time, such a requirement is a requirement to give the information about each such rocket.

             (4)  An offence against subregulation (1) or (2) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

101.455  Maximum operating height of rockets

             (1)  A person may launch a rocket that is not a model rocket to higher than 400 feet AGL only:

                     (a)  in an approved area; or

                     (b)  as permitted by another provision of this Part.

Penalty:  10 penalty units.

Note:          CASA must publish details of the approval of an area (including any conditions) in NOTAM or on an aeronautical chart—see subregulation 101.030(5).

             (2)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

101.460  Dropping or discharging of things from rockets

             (1)  A person must not cause anything to be dropped or discharged from a rocket in a way that creates a hazard to an aircraft.

Penalty:  25 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

101.465  Weather and day limitations—rockets other than model rockets

             (1)  A person may launch a rocket that is not a model rocket:

                     (a)  in or into cloud; or

                     (b)  at night; or

                     (c)  in conditions other than VMC;

only as permitted by another provision of this Part, or in accordance with an air traffic control clearance.

Penalty:  10 penalty units.

Note:          For model rocket, see regulation 101.425.

             (2)  However, subregulation (1) does not prevent rockets being operated as part of a firework display.

             (3)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

101.470  Model rockets

             (1)  A person must not launch a model rocket into cloud.

Penalty:  10 penalty units.

Note:          For model rocket, see regulation 101.425.

             (2)  A person must not launch a model rocket to higher than 400 feet AGL within 5 nautical miles of an aerodrome.

Penalty:  10 penalty units.

          (2A)  An offence against subregulation (1) or (2) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (3)  Subject to subregulations (1) and (2) and Subpart 101.B, a person may launch a model rocket outside an approved area, or at night.

Subpart 101.IFirework displays

  

101.475  What this Subpart does

                   This Subpart regulates the conduct of certain firework displays, to the extent necessary to prevent them being a hazard to the safety of air navigation.

101.480  Application of State and Territory laws about fireworks

             (1)  If a law of a State or Territory deals with the use of fireworks, and is not inconsistent with this Subpart, nothing in this Subpart affects the operation of the law.

             (2)  For subregulation (1), a law of a State or Territory is not inconsistent with this Subpart if it is possible to comply with both this Subpart and the State or Territory law at once.

101.485  Meaning of operate a firework display

                   For this Subpart, a person operates a firework display if the person places the fireworks for the display, or fires them off.

101.490  Certain projectiles prohibited in firework displays

             (1)  A person may use, in a firework display, a projectile that is capable of reaching more than 400 feet AGL only if CASA so approves.

Penalty:  10 penalty units.

             (2)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

101.495  Firework displays not permitted near aerodromes

             (1)  A person may operate a firework display in or over an area mentioned in paragraph (2)(a) or (b) only if subregulation (3) or (4) applies to the display.

Penalty:  10 penalty units.

          (1A)  An offence against subregulation (1) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.

             (2)  The areas for subregulation (1) are:

                     (a)  a movement area or runway of an aerodrome; and

                     (b)  the approach or departure path of a runway of an aerodrome.

             (3)  This subregulation applies to a firework display if:

                     (a)  permission for the display has been given by:

                              (i)  if the aerodrome is a controlled aerodrome—the air traffic control service for the aerodrome; and

                             (ii)  in the case of any other aerodrome—CASA; and

                     (b)  the person who proposes to operate the display has, before doing so, given to CASA the details required by table 101.500.

             (4)  This subregulation applies to a firework display if the fireworks are set off on or near domestic premises by or for somebody who lives there.

101.500  Notice to CASA of certain firework displays

             (1)  A person may operate a firework display at a place within 3 nautical miles of an aerodrome only if the person has given at least 2 working days’ notice to CASA.

Penalty:  10 penalty units.

             (2)  However, subregulation (1) does not apply if:

                     (a)  the fireworks are set off on or near domestic premises by or for somebody who lives there; and

                     (b)  either:

                              (i)  if a law of a State or Territory allows fireworks to be set off in that place only on a particular day or days—the fireworks are set off on such a day; or

                             (ii)  if there is no such law in that place—the fireworks are set off on a day on which fireworks are customarily set off on domestic premises in that place.

             (3)  When the person tells CASA, the person must also give to CASA the information required by table 101.500.

 

Table 101.500     Details of firework display to be given to CASA

Item

Information to be provided

1

The name, address, email address and telephone number of the person who will operate the display (or, if several people will be involved in its operation, the name, address, email address and telephone number of the person who will coordinate it)

2

The date the display is to begin, the starting time, and how long it is to last

3

Where it is to be given

4

How many projectiles capable of reaching more than 400 feet AGL are to be used in the display

5

A general description of the pyrotechnic characteristics of each such projectile

6

The estimated highest altitude that any projectile can reach

7

The maximum burst radius of the pyrotechnics in a projectile

             (4)  CASA may impose a condition on the operation of a firework display if the condition is reasonably necessary in the circumstances in the interests of the safety of air navigation.

             (5)  A person operating a display must comply with any condition imposed under subregulation (4).

Penalty:  50 penalty units.

             (6)  An offence against subregulation (1) or (5) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code.


Part 103Sport and recreational aviation operations

Note:          This Part heading is reserved for future use.

  


Part 105Sport and recreational parachuting from aircraft

Note:          This Part heading is reserved for future use.

  


Part 115Commercial sport and recreational aviation operations

Note:          This Part heading is reserved for future use.

  


Part 117Representations and surveys

  

  

Contents of Part 117

117.005     What this Part is about

117.010     Misrepresentations about holding certain civil aviation authorisations

117.015     Safety‑related surveys or questionnaires—holders of certain civil aviation authorisations

117.005  What this Part is about

                   This Part provides for offences for:

                     (a)  misrepresentations about holding certain civil aviation authorisations; and

                     (b)  not completing safety‑related surveys or questionnaires.

117.010  Misrepresentations about holding certain civil aviation authorisations

             (1)  A person commits an offence if:

                     (a)  the person represents to another person, in any way, that the person is willing to conduct an activity using an aircraft; and

                     (b)  the person does not hold a particular civil aviation authorisation authorising the person to conduct the activity using the aircraft; and

                     (c)  under the Act or these Regulations, it is an offence for a person to conduct the activity using the aircraft if the person does not hold the civil aviation authorisation.

Penalty:  50 penalty units.

             (2)  An offence against this regulation is an offence of strict liability.

Note:          For the definition of civil aviation authorisation, see section 3 of the Act.

117.015  Safety‑related surveys or questionnaires—holders of certain civil aviation authorisations

             (1)  CASA may, by written notice given to a person mentioned in subregulation (2), direct the person to:

                     (a)  complete a safety‑related survey or questionnaire by accurately answering all mandatory questions in the survey or questionnaire; and

                     (b)  submit the completed survey or questionnaire to CASA within the time stated in the notice.

             (2)  For subregulation (1), the persons are the following:

                     (a)  the holder of an AOC;

                     (b)  a Part 141 operator who conducts flight training in aircraft;

                     (c)  a person who gave a notice to CASA under regulation 101.372 (Notice to operate very small RPA for hire or reward);

                     (d)  the holder of a certificate as an RPA operator under Division 101.F.4.

             (3)  The person may, before the end of the time stated in the notice, apply in writing to CASA for an extension.

             (4)  CASA may, by written notice given to the person (the notice of extension), grant the extension.

             (5)  The person commits an offence if the person does not comply with the direction within:

                     (a)  if CASA grants an extension under subregulation (4)—the time stated in the notice of extension; or

                     (b)  if paragraph (a) does not apply—the time stated in the notice under subregulation (1).

Penalty:  25 penalty units.

             (6)  An offence against this regulation is an offence of strict liability.


Part 119Air operator certification—commercial air transport

Note:          This Part heading is reserved for future use.

  


Part 121Commercial air transport operations (aeroplanes)

Note:          This Part heading is reserved for future use.

  


Part 129Foreign air transport operators—certification and operating requirements

  

Table of contents

Subpart 129.A—Foreign air transport operations—general

129.005     What Part 129 is about

129.020     Approvals by CASA for Part 129

129.025     Prescribed purpose—foreign air transport operations

129.030     Foreign air transport operations—foreign air transport AOC required

129.035     Foreign air transport operations—compliance with foreign air transport AOCs

129.040     Foreign air transport operations—compliance with conditions of foreign air transport AOCs

Subpart 129.B—Foreign air transport AOCs

129.045     Foreign air transport AOC—information and documents that may be required

129.050     Foreign air transport AOC—manner of giving CASA information etc.

129.055     Foreign air transport AOC—conditions for issue

129.060     Foreign air transport AOC—conditions

129.065     Foreign air transport AOC—requirement to give notice of certain events

Subpart 129.C—Foreign air transport operations—operating requirements

129.070     Foreign air transport operations—compliance with certain Part 91 provisions

129.075     Foreign air transport operations—compliance with Annex 6

129.080     Foreign air transport operations—common language for crew

129.085     Foreign air transport operations—flights to be in accordance with IFR or approval

129.090     Foreign air transport operations—flight crew licences

129.095     Foreign air transport operations—air displays

129.100     Foreign air transport operations—low‑visibility operations

129.105     Foreign air transport operations—flying in formation

129.110     Foreign air transport operations—simulated IMC prohibited

129.115     Foreign air transport operations—simulated emergency and abnormal procedures prohibited

129.120     Foreign air transport operations—aerobatic manoeuvres prohibited

129.125     Foreign air transport operations—maximum period for use of Australian aircraft in Australian territory

Subpart 129.M—Foreign air transport operations—airworthiness

129.200     Foreign air transport operations—certificates of airworthiness

129.205     Foreign air transport operations—continuing airworthiness

Subpart 129.N—Foreign air transport operations—flight crew

129.250     Foreign air transport operations—flight crew experience for aircraft covered by overseas rating

129.255     Foreign air transport operations—co‑pilot


Subpart 129.AForeign air transport operations—general

  

129.005  What Part 129 is about

                   This Part makes provision for:

                     (a)  applicants for, and holders of, AOCs that authorise the operation of aircraft for foreign air transport operations; and

                     (b)  operating requirements for aircraft engaged in foreign air transport operations.

Note 1:       Part 92 (Consignment and carriage of dangerous goods by air) applies to all foreign aircraft (other than state aircraft) operating in Australian territory: see paragraph 92.005(1)(b).

Note 2:       See also Division 2 of Part III of the Act in relation to AOCs generally.

129.020  Approvals by CASA for Part 129

             (1)  If a provision of this Part refers to a person holding an approval under this regulation, the person may apply to CASA, in writing, for the approval.

             (2)  Subject to regulation 11.055, CASA must grant the approval.

             (3)  Subregulation 11.055(1B) applies to the granting of an approval under this regulation.

129.025  Prescribed purpose—foreign air transport operations

                   For subsection 27(9) of the Act, the flying or operation of any aircraft for a foreign air transport operation is a prescribed purpose.

129.030  Foreign air transport operations—foreign air transport AOC required

             (1)  A person contravenes this subregulation if:

                     (a)  the person conducts a foreign air transport operation; and

                     (b)  the person does not hold a foreign air transport AOC that authorises the person to conduct the foreign air transport operation.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

129.035  Foreign air transport operations—compliance with foreign air transport AOCs

             (1)  A person contravenes this subregulation if:

                     (a)  the person conducts a foreign air transport operation; and

                     (b)  the person:

                              (i)  holds a foreign air transport AOC that authorises the person to conduct the foreign air transport operation; but

                             (ii)  conducts the operation in a way that contravenes the AOC.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

129.040  Foreign air transport operations—compliance with conditions of foreign air transport AOCs

             (1)  A foreign air transport operator contravenes this subregulation if the operator does not comply with a condition of its foreign air transport AOC.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

Subpart 129.BForeign air transport AOCs

  

129.045  Foreign air transport AOC—information and documents that may be required

                   For subparagraph 27AC(1)(c)(iii) of the Act, the information and documents that CASA may require from a foreign operator who is an applicant for a foreign air transport AOC are the following:

                     (a)  any business name, other than the name stated in the operator’s foreign certificate, under which the operator may operate;

                     (b)  the operator’s contact details in the country that issued the foreign certificate, including its mailing address;

                     (c)  the operator’s contact details in Australia, including its mailing address;

                     (d)  the aircraft types that the operator proposes to use;

                     (e)  the registration and serial numbers of each aircraft that the operator proposes to use;

                      (f)  a minimum equipment list, or equivalent document, for each aircraft that the operator proposes to use;

                     (g)  the aerodromes, areas of operation and routes that the operator proposes to use;

                     (h)  if the operator is not an individual—the operator’s certificate of incorporation or registration as a body corporate, or equivalent document;

                      (i)  any of the following manuals or equivalent documents:

                              (i)  the operator’s continuing airworthiness management manual;

                             (ii)  the operator’s operations manual;

                            (iii)  the operator’s training and checking manual;

                            (iv)  the operator’s dangerous goods manual.

Note:          Under other provisions of section 27AC, and also section 27AE, of the Act, CASA may request other information and documents from an applicant for a foreign air transport AOC.

129.050  Foreign air transport AOC—manner of giving CASA information etc.

                   If, under section 27AB, 27AC or 27AE of the Act, an applicant for a foreign air transport AOC is required to lodge, or give CASA, a manual, information or a document, the operator must lodge, or give CASA, the manual, information or document in English.

129.055  Foreign air transport AOC—conditions for issue

             (1)  It is a condition for the issue of a foreign air transport AOC to a foreign operator that CASA is satisfied of the following:

                     (a)  the operator holds a foreign certificate that authorises the operator to conduct each operation covered by the application;

                     (b)  the national aviation authority that issued the foreign certificate meets the requirement mentioned in subregulation (2);

                     (c)  for each aircraft to be operated under the AOC, the operator holds a certificate of airworthiness issued in accordance with Annex 8, Airworthiness of Aircraft, to the Chicago Convention;

                     (d)  for each foreign registered aircraft to be operated under the AOC, the operator will ensure the continuing airworthiness of the aircraft in accordance with the standards set out in the relevant Part of Annex 6, Operation of Aircraft, to the Chicago Convention;

                     (e)  for each registered aircraft to be operated under the AOC, the operator will ensure the continuing airworthiness of the aircraft in accordance with the requirements of these Regulations that apply to the aircraft;

                      (f)  the operator has a safety management system that meets the standards set out in Annex 19, Safety Management, to the Chicago Convention.

Note:          These matters are in addition to the matters specified in section 28 (CASA must issue AOC if satisfied about certain matters) of the Act.

             (2)  For paragraph (1)(b), the requirement is that:

                     (a)  the authority is the national aviation authority of a Contracting State and carries out its functions in respect of foreign air transport operations in accordance with the Chicago Convention; or

                     (b)  the authority is not the national aviation authority of a Contracting State but carries out functions that are at least equivalent to the functions mentioned in paragraph (a).

129.060  Foreign air transport AOC—conditions

                   For paragraph 28BA(1)(b) of the Act, each of the following is a condition of a foreign air transport AOC issued to an operator:

                     (a)  the operator must conduct the operations authorised by the AOC:

                              (i)  using only the aircraft types that are authorised for use by the AOC; and

                             (ii)  if the AOC limits the operations to particular aircraft—using only those aircraft; and

                            (iii)  using only the aerodromes, areas of operation and routes authorised by the AOC;

                     (b)  the operator must not use an aircraft to conduct a low‑visibility operation or a land and hold short operation in Australian territory unless the AOC authorises the use of the aircraft for the operation;

                     (c)  the operator must not conduct an operation authorised by the AOC unless the operation is also authorised by:

                              (i)  the operator’s foreign certificate and the operations specifications issued in relation to the foreign certificate; or

                             (ii)  an operational authorisation mentioned in paragraph 27AE(1)(c) of the Act that applies to the operation;

                     (d)  the operator must not conduct an operation authorised by the AOC in contravention of any of the following that applies to the operation:

                              (i)  a limitation or condition mentioned in paragraph 27AE(1)(b) of the Act;

                             (ii)  a requirement mentioned in paragraph 27AE(1)(c) of the Act;

                     (e)  for each foreign registered aircraft to be operated under the AOC, the operator must ensure the continuing airworthiness of the aircraft in accordance with the standards set out in the relevant Part of Annex 6, Operation of Aircraft, to the Chicago Convention;

                      (f)  for each registered aircraft to be operated under the AOC, the operator must ensure the continuing airworthiness of the aircraft in accordance with the requirements of these Regulations that apply to the aircraft;

                     (g)  the operator must have a safety management system that meets the standards set out in Annex 19, Safety Management, to the Chicago Convention.

129.065  Foreign air transport AOC—requirement to give notice of certain events

             (1)  This regulation applies to a foreign air transport operator if an event mentioned in subregulation (2) happens in relation to:

                     (a)  the operator’s foreign certificate; or

                     (b)  an operations specification issued in relation to the certificate; or

                     (c)  an operational authorisation mentioned in paragraph 27AE(1)(c) of the Act that applies to an operation conducted under the operator’s foreign certificate.

             (2)  For subregulation (1), the events are the following:

                     (a)  the foreign certificate, operations specification or operational authorisation expires and is not renewed;

                     (b)  the operator is notified by the national aviation authority that issued the certificate, specification or authorisation that action may be taken to vary, suspend or cancel the certificate, specification or authorisation;

                     (c)  the certificate, specification or authorisation is varied, suspended or cancelled;

                     (d)  a new operations specification or operational authorisation that applies to an operation conducted under the operator’s foreign certificate is issued to the operator.

             (3)  The foreign air transport operator contravenes this subregulation if the operator does not tell CASA, in writing, that the event has happened within 7 days after the day the event happens.

             (4)  A person commits an offence of strict liability if the person contravenes subregulation (3).

Penalty:  50 penalty units.

Subpart 129.CForeign air transport operations—operating requirements

  

129.070  Foreign air transport operations—compliance with certain Part 91 provisions

Note:       This regulation is reserved for future use.

129.075  Foreign air transport operations—compliance with Annex 6

Aeroplanes

             (1)  The operator of an aeroplane contravenes this subregulation if:

                     (a)  the operator operates the aeroplane for a foreign air transport operation; and

                     (b)  the operation is conducted in a way that contravenes a standard set out in Part I of Annex 6, Operation of Aircraft, to the Chicago Convention.

Helicopters

             (2)  The operator of a helicopter contravenes this subregulation if:

                     (a)  the operator operates the helicopter for a foreign air transport operation; and

                     (b)  the operation is conducted in a way that contravenes a standard set out in Part III of Annex 6, Operation of Aircraft, to the Chicago Convention.

Compliance with more stringent requirements under this Part

             (3)  To avoid doubt, if a provision of this Part imposes a more stringent requirement than the comparable requirement of a standard mentioned in paragraph (1)(b) or (2)(b), the operator must comply with the more stringent requirement.

Offence

             (4)  A person commits an offence if the person contravenes subregulation (1) or (2).

Penalty:  50 penalty units.

129.080  Foreign air transport operations—common language for crew

             (1)  The operator of an aircraft engaged in a flight that is a foreign air transport operation contravenes this subregulation if all crew members for the flight are not able to communicate orally with each other in a common language.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

129.085  Foreign air transport operations—flights to be in accordance with IFR or approval

             (1)  The operator and the pilot in command of an aircraft engaged in a flight that is a foreign air transport operation each contravene this subregulation if the operation of the aircraft does not meet the requirement mentioned in subregulation (2).

             (2)  For subregulation (1), the requirement is that the aircraft must be operated in accordance with:

                     (a)  the IFR; or

                     (b)  an approval under regulation 129.020 held by the operator for the aircraft to be operated otherwise than in accordance with the IFR.

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

129.090  Foreign air transport operations—flight crew licences

             (1)  The operator of an aircraft engaged in a flight that is a foreign air transport operation contravenes this subregulation if a flight crew member for the flight does not hold a licence (however described) that:

                     (a)  authorises the flight crew member to carry out the duties assigned to the member for the flight by the operator; and

                     (b)  is issued or authorised by the national aviation authority of the aircraft’s State of registry.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

129.095  Foreign air transport operations—air displays

             (1)  The operator of an aircraft engaged in a flight that is a foreign air transport operation contravenes this subregulation if the aircraft is flown in an air display.

             (2)  The operator of an aircraft engaged in a flight that is a foreign air transport operation contravenes this subregulation if:

                     (a)  the aircraft is flown below 1 000 ft AGL at an aerodrome at which an air display is being conducted; and

                     (b)  the requirement mentioned in subregulation (3) is not met.

             (3)  For paragraph (2)(b), the requirement is that:

                     (a)  the operator must hold an approval under regulation 129.020 for the aircraft to be flown below 1 000 ft AGL while the air display is being conducted; or

                     (b)  the aircraft must be taking off or landing for a flight that is not part of the air display.

             (4)  A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).

Penalty:  50 penalty units.

129.100  Foreign air transport operations—low‑visibility operations

Note:       This regulation is reserved for future use.

129.105  Foreign air transport operations—flying in formation

             (1)  The operator of an aircraft engaged in a flight that is a foreign air transport operation contravenes this subregulation if, during the flight:

                     (a)  the aircraft is flown in formation; and

                     (b)  the operator does not hold an approval under regulation 129.020 for the aircraft to be flown in formation during the flight.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

129.110  Foreign air transport operations—simulated IMC prohibited

             (1)  The pilot in command of an aircraft engaged in a flight that is a foreign air transport operation contravenes this subregulation if IMC are simulated during the flight.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

129.115  Foreign air transport operations—simulated emergency and abnormal procedures prohibited

             (1)  The operator of an aircraft engaged in a flight that is a foreign air transport operation contravenes this subregulation if an emergency procedure is simulated during the flight.

             (2)  The operator of an aircraft engaged in a flight that is a foreign air transport operation contravenes this subregulation if an abnormal procedure is simulated during the flight.

             (3)  Subregulations (1) and (2) do not apply to a procedure that is simulated only orally.

             (4)  A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).

Penalty:  50 penalty units.

Note:          A defendant bears an evidential burden in relation to the matter in subregulation (3): see subsection 13.3(3) of the Criminal Code.

129.120  Foreign air transport operations—aerobatic manoeuvres prohibited

             (1)  The operator of an aircraft engaged in a flight that is a foreign air transport operation contravenes this subregulation if, during the flight, the aircraft is used to conduct an aerobatic manoeuvre.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

129.125  Foreign air transport operations—maximum period for use of Australian aircraft in Australian territory

             (1)  A foreign air transport operator contravenes this subregulation if, within any 12 month period, the operator uses a particular Australian aircraft to conduct foreign air transport operations on a total number of days that is more than:

                     (a)  90; or

                     (b)  if the operator holds an approval under regulation 129.020 for this regulation in relation to the aircraft—the number mentioned in the approval for the aircraft.

             (2)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

Subpart 129.MForeign air transport operations—airworthiness

  

129.200  Foreign air transport operations—certificates of airworthiness

Aircraft must have certificate of airworthiness

             (1)  The operator of an aircraft contravenes this subregulation if:

                     (a)  the aircraft begins a flight that is a foreign air transport operation; and

                     (b)  the aircraft does not have a certificate of airworthiness (however described) that has been issued in accordance with Annex 8, Airworthiness of Aircraft, to the Chicago Convention.

Certificate of airworthiness must remain in force during flight

             (2)  The operator of an aircraft contravenes this subregulation if:

                     (a)  the aircraft is engaged in a flight that is a foreign air transport operation; and

                     (b)  the certificate of airworthiness (however described) for the aircraft ceases to be in force before the end of the flight.

Offence

             (3)  A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).

Penalty:  50 penalty units.

129.205  Foreign air transport operations—continuing airworthiness

             (1)  The operator of an aircraft contravenes this subregulation if:

                     (a)  the aircraft begins a flight that is a foreign air transport operation; and

                     (b)  if the aircraft is a foreign registered aircraft—the operator has not ensured the continuing airworthiness of the aircraft in accordance with the standards set out in the relevant Part of Annex 6, Operation of Aircraft, to the Chicago Convention; and

                     (c)  if the aircraft is a registered aircraft—the operator has not ensured the continuing airworthiness of the aircraft in accordance with the requirements of these Regulations that apply to the aircraft.

             (2)  A person commits an offence if the person contravenes subregulation (1).

Penalty:  50 penalty units.

Subpart 129.NForeign air transport operations—flight crew

  

129.250  Foreign air transport operations—flight crew experience for aircraft covered by overseas rating

             (1)  The operator of an aircraft contravenes this subregulation if:

                     (a)  the aircraft begins a flight that is a foreign air transport operation; and

                     (b)  the aircraft is covered by a type rating under the law of the foreign country the national aviation authority of which issued the operator’s foreign certificate; and

                     (c)  none of the pilots occupying a pilot seat for the flight has the experience required by subregulation (2) in relation to aircraft covered by the type rating.

             (2)  For paragraph (1)(c), a pilot has the experience required in relation to aircraft covered by a type rating if:

                     (a)  the pilot:

                              (i)  holds an overseas rating issued under the law of the foreign country that covers the aircraft; or

                             (ii)  has successfully completed a command course for an aircraft covered by the type rating; and

                     (b)  the pilot has successfully completed, after the grant of the rating or completion of the course, the flying experience mentioned in subregulation (3).

             (3)  For paragraph (2)(b), the flying experience must be the more stringent of the following:

                     (a)  the flying experience mentioned in subregulation (4);

                     (b)  the flying experience (if any) required under the law of the foreign country.

             (4)  For paragraph (3)(a), the flying experience:

                     (a)  must be the number of hours and sectors mentioned in subregulation (5) in that type of aircraft; and

                     (b)  must be completed as part of line operations; and

                     (c)  may include experience while the pilot is flying under supervision.

             (5)  For paragraph (4)(a), the number of hours and sectors is:

                     (a)  either of the following:

                              (i)  at least 100 hours and 10 sectors in a 120‑day period;

                             (ii)  at least 150 hours and 20 sectors; or

                     (b)  if the aircraft operator by whom the pilot is employed holds an approval under regulation 129.020 for this paragraph that applies to the pilot—at least the applicable number of hours and sectors for the pilot stated in the approval.

             (6)  CASA may grant the approval mentioned in paragraph (5)(b) only if satisfied that there are special circumstances in relation to the operator’s operation that justify the grant of the approval.

             (7)  A person commits an offence of strict liability if the person contravenes subregulation (1).

Penalty:  50 penalty units.

129.255  Foreign air transport operations—co‑pilot

             (1)  The operator of an aircraft contravenes this subregulation if:

                     (a)  the aircraft begins a flight that is a foreign air transport operation; and

                     (b)  the operator is not satisfied that the co‑pilot could land the aircraft safely if the pilot in command is incapacitated.

             (2)  A person commits an offence if the person contravenes subregulation (1).

Penalty:  50 penalty units.


Part 132Limited category aircraft

  

Table of contents

Subpart 132.A—Preliminary

132.005     What Part 132 is about

132.010     Key definitions for Part 132

132.015     Definition of adventure flight for limited category aircraft

132.020     Definition of major for modifications and repairs for limited category aircraft

132.025     Definition of safety‑critical aeronautical product for limited category aircraft

132.030     Approval of modifications and repairs for limited category aircraft

132.035     Approvals by CASA or administering authority for Part 132

132.040     Issue of Manual of Standards for Part 132

132.045     Relationship of Part 132 to other requirements for operating limited category aircraft

Subpart 132.B—Flying limited category aircraft—general requirements

132.050     General operational requirements

132.055     Authorised operations for limited category aircraft

132.060     Maximum number of persons to be carried

132.065     Passenger briefing for flights other than adventure flights

132.070     Content of safety briefing for flights other than adventure flights

132.075     Flights over populous areas

132.080     Parachute descents

132.085     Flights in foreign country’s airspace

Subpart 132.C—Flying limited category aircraft—adventure flights

Division 132.C.1—Adventure flights—general requirements

132.090     Adventure flight procedures required

132.095     Limited category certificate must include adventure flights as special purpose operation

132.100     When adventure flights prohibited—aircraft airframe life and life‑limited safety‑critical aeronautical products

132.105     When adventure flights prohibited—major modifications or repairs

132.110     When adventure flights prohibited—certain aircraft that are not ex‑armed forces or historic aircraft

132.115     When adventure flights prohibited—aircraft with special flight permit

132.120     Requirements for pilot in command of adventure flights

132.125     Unbroken round trips only

132.130     Sightseeing flights prohibited

132.135     Clothes and equipment supplied by operator

132.140     Passengers who cannot understand safety briefing to be accompanied on adventure flights

Division 132.C.2—Adventure flights—passenger safety briefings

132.145     Requirement for passenger safety briefing when booking

132.150     Content of passenger safety briefing when booking

132.155     Requirement for passenger safety briefing before boarding aircraft

132.160     Acknowledgement by passengers who are at least 18 and who can understand passenger safety briefing

132.165     Acknowledgement for passengers under 18 or who cannot understand passenger safety briefing

132.170     Retention of acknowledgements

Subpart 132.D—Limited category aircraft—certification and airworthiness requirements

Division 132.D.1—Certification and airworthiness—general

132.175     Advice about modifications, repairs, damage, defects and life‑limited aeronautical products

132.180     Requirements for giving approvals, certificates and advice—individuals

132.185     Authorisations to give approvals, certificates and advice for limited category aircraft

132.190     Requirements for giving approvals, certificates and advice—limited category organisations

Division 132.D.2—Certification and airworthiness—permit index numbers

132.195     Assignment of permit index numbers—general

132.200     Assignment of new permit index numbers on initiative of administering authority

132.205     Assignment of new permit index numbers at CASA direction

132.210     Assignment of new permit index numbers on application by registered operator

132.215     When assignment of new permit index number takes effect

132.220     Notice to operator if new permit index number assigned

Division 132.D.3—Certification and airworthiness—notice to CASA of certain matters

132.225     Notice to CASA—permit index numbers assigned by limited category organisation for aircraft

132.230     Notice to CASA—certain proposed actions by limited category organisation

132.235     Notice to CASA—safety of aircraft

Subpart 132.M—Limited category aircraft—airworthiness and maintenance


Subpart 132.APreliminary

  

132.005  What Part 132 is about

             (1)  This Part sets out matters that are additional to the requirements of CAR.

             (2)  Subpart 132.A sets out preliminary matters, including the relationship of Part 132 to other requirements for operating limited category aircraft.

             (3)  Subpart 132.B sets out the general requirements for flying limited category aircraft.

             (4)  Subpart 132.C sets out the requirements for conducting adventure flights.

             (5)  Subpart 132.D sets out the certification and airworthiness requirements for limited category aircraft.

132.010  Key definitions for Part 132

                   In these Regulations:

administering authority, for a limited category aircraft, means:

                     (a)  a limited category organisation in relation to the aircraft; or

                     (b)  if there is no limited category organisation in relation to the aircraft—CASA.

adventure flight procedures, for a limited category aircraft, means procedures for conducting an adventure flight using the aircraft for which the operator of the aircraft holds an approval granted by the administering authority for the aircraft under regulation 132.035.

approved airframe life, for a limited category aircraft, means the airframe life stated in the most recent of the following:

                     (a)  the aircraft’s approved design;

                     (b)  a variation (if any) of the airframe life by the national aviation authority of the country of the aircraft’s manufacture;

                     (c)  if the aircraft is an ex‑armed forces aircraft—a variation (if any) of the airframe life by the armed force that operated the aircraft or for which the aircraft was manufactured;

                     (d)  a certificate (if any) stating an airframe life for the aircraft’s airframe given by the administering authority for the aircraft.

Note:          Airframe life may be expressed in a number of ways, including the amount of operating time, the number of operating cycles or a calendar period.

ex‑armed forces aircraft means:

                     (a)  a version of an aircraft that has been manufactured in accordance with the requirements of, and accepted for use by, an armed force of any country (whether or not it has been used by such a force); or

                     (b)  a particular aircraft:

                              (i)  to which paragraph (a) does not apply; and

                             (ii)  that has been operated by an armed force of any country.

historic aircraft means:

                     (a)  an aircraft that was manufactured before 1 January 1960; or

                     (b)  an Australian‑manufactured aircraft of a type that is no longer being manufactured; or

                     (c)  a replica of an aircraft mentioned in paragraph (a) or (b); or

                     (d)  an aircraft prescribed by the Part 132 Manual of Standards for this paragraph.

limited category aircraft means an aircraft for which a special certificate of airworthiness mentioned in regulation 21.189 is in force.

limited category certificate means a special certificate of airworthiness to which an applicant is entitled under regulation 21.189.

limited category organisation means an organisation that is approved under regulation 262AN of CAR to perform functions in relation to limited category aircraft.

permit index number, for an aircraft for which a limited category certificate has been issued, means the permit index number most recently assigned to the aircraft under subregulation 21.176(5) or Division 132.D.2.

132.015  Definition of adventure flight for limited category aircraft

                   A flight of a limited category aircraft is an adventure flight if it is a flight:

                     (a)  on which a passenger is carried; and

                     (b)  that is:

                              (i)  conducted for hire or reward; or

                             (ii)  publicly available.

132.020  Definition of major for modifications and repairs for limited category aircraft

             (1)  A modification or repair to a limited category aircraft is a major modification or repair if the modification or repair has a significant effect on a characteristic affecting the aircraft’s airworthiness, including any of the following:

                     (a)  its weight or balance;

                     (b)  its structural strength;

                     (c)  its reliability;

                     (d)  its performance;

                     (e)  its operational characteristics.

             (2)  However, a modification or repair to a limited category aircraft is taken not to be a major modification or repair if advice has been given under regulation 132.175 that the modification or repair is not a major modification or repair.

             (3)  In this regulation:

modification includes a combination of modifications.

repair includes a combination of repairs.

132.025  Definition of safety‑critical aeronautical product for limited category aircraft

             (1)  An aeronautical product for a limited category aircraft is a safety‑critical aeronautical product for the aircraft if the aircraft cannot be operated safely if the product is inoperative or missing.

             (2)  However, an aeronautical product for a limited category aircraft is taken not to be a safety‑critical aeronautical product for the aircraft if advice has been given under regulation 132.175 that the aeronautical product is not a safety‑critical aeronautical product for the aircraft.

132.030  Approval of modifications and repairs for limited category aircraft

             (1)  A modification or repair to a limited category aircraft is approved for the purposes of this regulation if the modification or repair has been approved (however described, and whether before, on or after the commencement of this regulation) by any of the following:

                     (a)  the aircraft’s manufacturer;

                     (b)  CASA;

                     (c)  the national aviation authority of a foreign country under a law of the foreign country;

                     (d)  if the aircraft is an ex‑armed forces aircraft—an armed force that operated the aircraft or for which the aircraft was manufactured;

                     (e)  the administering authority for the aircraft.

             (2)  A modification or repair to a limited category aircraft is approved for the purposes of this regulation if the modification or repair, or the design for the modification or repair, has been approved (however described, and whether before, on or after the commencement of this regulation) under Part 21 by:

                     (a)  an authorised person; or

                     (b)  an approved design organisation.

             (3)  A modification or repair to a limited category aircraft is approved for the purposes of this regulation if an approval (however described) for the modification or repair, or the design for the modification or repair, is in force in accordance with regulation 202.054 or 202.055.

132.035  Approvals by CASA or administering authority for Part 132

             (1)  If a provision of this Part refers to a person holding an approval granted by CASA under this regulation, a person may apply to CASA, in writing, for the approval.

             (2)  If a provision of this Part refers to a person holding an approval granted by the administering authority for a limited category aircraft under this regulation, a person may apply to the administering authority, in writing, for the approval.

             (3)  Subject to regulation 11.055, CASA or the administering authority must grant the approval.

             (4)  Subregulation 11.055(1B) applies to the granting of an approval under this regulation for any of the following provisions:

                     (a)  paragraph 132.055(1)(i) (authorised operations for limited category aircraft);

                     (b)  subregulation 132.060(1) (maximum number of persons to be carried);

                     (c)  paragraph 132.075(4)(a) or subregulation 132.075(6) (flights over populous areas).

132.040  Issue of Manual of Standards for Part 132

                   For subsection 98(5A) of the Act, CASA may issue a Manual of Standards for this Part prescribing matters:

                     (a)  required or permitted by these Regulations to be prescribed by the Part 132 Manual of Standards; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Part.

132.045  Relationship of Part 132 to other requirements for operating limited category aircraft

             (1)  To avoid doubt:

                     (a)  this Part is additional to the requirements of CAR; and

                     (b)  a provision of CAR that applies to the operation of a limited category aircraft and is inconsistent with this Part has no effect, in relation to the operation of the limited category aircraft, to the extent of the inconsistency, but the provision is taken to be consistent with this Part to the extent that it is capable of operating concurrently with this Part; and

                     (c)  if this Part, or a provision of a document mentioned in subregulation (2), imposes a more stringent requirement (however described) on the operation of a limited category aircraft than the comparable requirement mentioned in paragraph (a), the more stringent requirement prevails.

Example: For paragraph (c), more stringent requirements might include the following:

(a)    the aircraft must be operated only under the VFR by day;

(b)    the aircraft must be flown only by a named pilot;

(c)    the aircraft must not be flown faster than a stated speed, higher than a stated height or have a take‑off weight of more than a stated weight.

             (2)  For paragraph (1)(c), the documents are the following, as in force from time to time:

                     (a)  the aircraft’s limited category certificate;

                     (b)  a document that states the aircraft’s approved airframe life;

                     (c)  a document that states the life limit of a safety‑critical aeronautical product fitted to the limited category aircraft;

                     (d)  the approval of a modification or repair to the aircraft;

                     (e)  an approval under regulation 132.035 in relation to the aircraft;

                      (f)  the aircraft’s flight manual;

                     (g)  for an adventure flight of the aircraft—the adventure flight procedures for the aircraft;

                     (h)  an instrument issued under regulation 11.068 (conditions imposed on class of authorisations) that applies to the aircraft;

                      (i)  a direction under Subpart 11.G that applies to the aircraft;

                      (j)  if the administering authority for the aircraft is a limited category organisation—the organisation’s operations manual.

Note:          The aircraft must be operated in accordance with the requirements in a document mentioned in subregulation (2): see regulation 132.050.

Subpart 132.BFlying limited category aircraft—general requirements

  

132.050  General operational requirements

Aircraft without a special flight permit

             (1)  The operator and the pilot in command of a limited category aircraft each contravene this subregulation if:

                     (a)  a special flight permit is not in force for the aircraft; and

                     (b)  the aircraft is operated for a flight; and

                     (c)  a requirement mentioned in subregulation (2) is not met for the flight.