Commonwealth Coat of Arms of Australia

Civil Aviation Safety Regulations 1998

Statutory Rules No. 237, 1998

made under the

Civil Aviation Act 1988

Compilation No. 99

Compilation date: 11 April 2024

Includes amendments: F2024L00297

Registered: 18 April 2024

This compilation is in 5 volumes

Volume 1: regulations 1.001–42.1105

Volume 2: regulations 45.005–92.205

Volume 3: regulations 99.005–135.465

Volume 4: regulations 137.005–175.500

Volume 5: regulations 200.005–202.900

 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 11 April 2024 (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 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 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 Register for the compiled law.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

99.005 Purposes of Part

Subpart 99.A—General

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.B—Drug and alcohol management plans

Division 99.B.1—Purposes of Subpart

99.025 Purposes of Subpart

Division 99.B.2—Persons 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.3—Content and implementation of DAMP

Subdivision 99.B.3.1—Content of DAMP

99.045 Content of DAMP

Subdivision 99.B.3.2—Drug 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.3.3—Drug 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.3.4—Implementing a DAMP

99.080 Implementing a DAMP

Division 99.B.4—Review 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.5—Provision of Information

99.100 DAMP organisation or DAMP contractor to provide information

99.105 DAMP recordkeeping

Subpart 99.C—Drug and alcohol testing by CASA

Division 99.C.1—Preliminary

99.110 Purposes of Subpart

Subdivision 99.C.1.1—Who 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.1.2—Powers of approved testers

99.125 Powers of approved testers

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

99.130 Approved drug and alcohol testing devices

Division 99.C.2—Drug testing

Subdivision 99.C.2.1—General

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.2.2—Initial 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.2.3—Receipt and storage of samples by approved laboratories

99.190 Receipt of samples

99.195 Storage of samples

Subdivision 99.C.2.4—Conduct 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.2.5—Recordkeeping

99.235 Approved laboratory to keep records

Division 99.C.3—Alcohol 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.D—Evidentiary certificates and prescribed proceedings

Division 99.D.1—Purposes of Subpart

99.275 Purposes of Subpart

Division 99.D.2—Evidentiary 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.3—Prescribed proceedings

99.315 Prescribed proceedings

Subpart 99.E—Offences for Subpart 99.C

Division 99.E.1—Purposes of Subpart

99.320 Purposes of Subpart

Division 99.E.2—Offences

Subdivision 99.E.2.1—Offences 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.2.2—Offences 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 while showing positive result for a confirmatory alcohol test

Subdivision 99.E.2.3—Offences 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.3—CASA medical review officers

99.390 CASA medical review officers

Subpart 99.F—Provision of information

Division 99.F.1—Purposes of Subpart

99.395 Purposes of Subpart

Division 99.F.2—Information

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

Division 99.G.1—Purposes 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.H—Approved testers and authorisations to conduct drug and alcohol tests

Division 99.H.1—Purposes of Subpart

99.440 Purposes of Subpart

Division 99.H.2—Approvals 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.3—Obligations 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.4—Powers of approved testers

99.465 Approved testers’ powers to access premises

Division 99.H.5—Identity 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.6—Notices to approved testers

99.495 Notice to approved testers

Part 101—Unmanned aircraft and rockets

Subpart 101.A—Preliminary

101.005 Applicability of this Part

101.010 Application to rocketpowered unmanned aircraft

101.020 Exemption from certain provisions of CAR

101.021 Meaning of RPA

101.022 Types of RPA

101.023 Meaning of model aircraft

101.024 Types of model aircraft

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

Subpart 101.AB—Authorisations for sections 20AA and 20AB of the Act

101.046 Flying without a certificate of airworthiness

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.B—General prohibition on unsafe operation

101.050 Applicability of this Subpart

101.055 Hazardous operation prohibited

Subpart 101.C—Provisions applicable to unmanned aircraft generally

101.060 Applicability of this Subpart

101.065 Operation in prohibited or restricted area

101.066 Operation in prescribed area—requirements prescribed by the Part 101 Manual of Standards

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

101.098 Identification of certain RPA—requirements prescribed by the Part 101 Manual of Standards

101.099 Foreign registered RPA and model aircraft—requirements prescribed by the Part 101 Manual of Standards

101.099AA Foreign registered RPA—unmanned aircraft levy

101.099A Modifications of certain RPA—requirements prescribed by the Part 101 Manual of Standards

101.099B Test flights of certain RPA—circumstances and requirements prescribed by the Part 101 Manual of Standards

Subpart 101.D—Tethered 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 Mooringline 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.E—Unmanned 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.F—Remotely 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

101.250 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 Variation, suspension or 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 Variation, suspension or cancellation of RPA operator’s certification

101.370 Compliance with RPA operator’s practices and procedures

Division 101.F.5—Operation of certain RPA for hire or reward

101.371 Application of Division 101.F.5

101.372 Notice of certain operations

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

101.374 Database of notifications

Subpart 101.FA—Excluded RPA and micro RPA accreditation

Division 101.FA.1—General

101.374A Application of this Subpart

Division 101.FA.2—Accreditation requirements

101.374B Excluded RPA and micro RPA—requirement for accreditation or remote pilot licence

101.374C Excluded RPA and micro RPA—requirement to produce accreditation or remote pilot licence

Division 101.FA.3—Grant of accreditation to operate excluded RPA and micro RPA

101.374D Accreditation—application

101.374E Accreditation—grant

101.374F Accreditation—conduct of online courses and examinations

101.374G Accreditation—cessation

101.374H Notice to accreditation holder to show cause

101.374J Suspension or cancellation of accreditation

Subpart 101.G—Model 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.H—Rockets

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 Rockets other than model rockets must be launched in approved area

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.I—Firework 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

Part 103—Sport and recreation aircraft

Subpart 103.A—Preliminary

103.005 Application of Part 103

103.010 Other key definitions for Part 103

103.015 Issue of Manual of Standards for Part 103

103.020 Approvals by CASA for Part 103

Subpart 103.B—Aircraft listing, certification and markings

103.025 Listing with a Part 103 ASAO

103.030 Flying without a certificate of airworthiness—airworthiness standards for certain kinds of Part 103 aircraft

103.035 Display of markings—aircraft other than sailplanes

Subpart 103.C—General obligations

103.040 Requirements for undertaking Part 103 activities

Subpart 103.D—Operational procedures

103.045 Minimum height rules—other than over populous areas or public gatherings

103.050 Safety when aircraft operating on ground

103.055 Carriage of passengers

103.060 Carriage and restraint of persons

103.065 Carriage of cargo

103.070 Simulating IMC flying

103.075 Training flight limitations etc.

103.080 Consumption or provision of alcohol

103.085 Additional requirements in relation to Part 103 activities

Subpart 103.K—Equipment

103.090 Requirements relating to equipment

Subpart 103.M—Airworthiness requirements

103.100 Application of CAR Parts 4 to 4D

103.105 Requirements prescribed by the Part 103 Manual of Standards

103.110 Permission for section 20AB of Act

103.115 Requirements for ASAO exposition

103.120 Aircraft data plate—aircraft to which Part 21 does not apply

103.125 Major defects

Subpart 103.Z—Towing of Part 103 aircraft by other aircraft

103.130 Towing of Part 103 aircraft by other aircraft

Part 105—Parachuting from aircraft

Subpart 105.A—Preliminary

105.005 Application of Part 105

105.010 Key definitions for Part 105

105.015 Issue of Manual of Standards for Part 105

Subpart 105.C—General

Division 105.C.1—General flight limitations

105.020 Parachutists must not create hazards

105.025 Persons must not create hazards to aircraft operated to facilitate parachute descents

Division 105.C.2—Operational documents

Division 105.C.3—Flight related documents

Division 105.C.4—Reporting and recording defects, incidents etc.

105.045 Reserve parachutes and emergency parachutes—reporting of major defects by maintainers

105.050 Reserve parachutes—reporting of major defects by parachutists

Division 105.C.5—Search and rescue services and emergency and survival equipment

105.055 Reserve parachute and emergency parachute equipment requirements

105.060 Defective reserve parachutes and defective emergency parachutes

Division 105.C.6—Miscellaneous requirements

105.065 Requirements for undertaking parachuting activities

105.070 Additional obligations applying to parachute operators

105.075 Permission to undertake parachute descent

105.080 General requirements for aircraft used for parachute descents

105.085 Requirements for aircraft used for descents by trainee parachutists and tandem parachutists

105.090 Dropping things over populous areas

105.095 Dropping things other than over populous areas

Subpart 105.D—Operational requirements

105.100 Additional requirements in relation to parachuting activities

105.105 Restraint of persons other than flight crew members

105.110 Persons other than flight crew members—compliance with safety directions

105.115 Restrictions on aircraft occupants for descents by trainee parachutists and tandem parachutists

Subpart 105.G—Personnel fatigue management

105.120 Management of fatigue in relation to persons exercising certain parachute descent duties

Subpart 105.J—Weight and balance

105.125 Loading of aircraft used for parachute descents

Subpart 105.K—Instruments, indicators, equipment and systems

105.130 Requirements relating to radio equipment and oxygen equipment

Subpart 105.N—Flight crew

105.135 Pilot requirements for parachute descents—Part 103 aircraft

105.140 Pilot requirements for parachute descents—aeroplanes

105.145 Pilot requirements for parachute descents—helicopters

105.150 Pilot requirements for parachute descents—poweredlift aircraft

105.155 Pilot requirements for parachute descents—manned free balloons

Part 115—Commercial sport and recreational aviation operations

Part 117—Representations and surveys

117.005 What this Part is about

117.010 Misrepresentations about holding certain civil aviation authorisations

117.015 Safetyrelated surveys or questionnaires—holders of certain civil aviation authorisations

117.020 Owner or registered operator to provide information about aircraft

117.025 Owner or registered operator to provide traffic reports

117.030 Protection of information

Part 119—Australian air transport operators—certification and management

Subpart 119.A—General

119.005 What Part 119 is about

119.010 Definition of Australian air transport operation

119.015 Definitions of Australian air transport AOC and Australian air transport operator

119.020 Definition of significant change

119.025 Approvals by CASA for Part 119

119.030 Prescribed purpose—Australian air transport operations

119.035 Prescribed position—safety manager

119.036 Required position—head of training and checking

119.040 Required material for reference library

119.045 Issue of Manual of Standards for Part 119

119.050 Australian air transport AOC required

119.055 Compliance with Australian air transport AOCs

119.060 Compliance with conditions of Australian air transport AOCs

Subpart 119.B—Australian air transport AOCs

119.065 Application

119.070 Conditions for issue

119.075 Approval of exposition

119.080 Conditions of an Australian air transport AOC

Subpart 119.C—Changes relating to Australian air transport operators

119.085 Changes of name etc.

119.090 Application for approval of significant changes

119.095 Approval of significant changes

119.100 Changes must be made in accordance with process in exposition

119.105 CASA directions relating to exposition or key personnel

Subpart 119.D—Organisation and personnel

119.110 Organisation and personnel

119.115 When key personnel cannot carry out responsibilities

119.120 Familiarisation training for key personnel

119.125 Chief executive officer—experience

119.130 Chief executive officer—responsibilities and accountabilities

119.135 Head of flying operations—qualifications and experience

119.140 Head of flying operations—responsibilities

119.145 Head of training and checking—qualifications and experience

119.150 Head of training and checking—responsibilities

119.155 Safety manager—experience

119.160 Safety manager—responsibilities

119.165 Key personnel—additional qualification and experience requirements

Subpart 119.E—Training and checking for operational safetycritical personnel

119.170 Training and checking system

119.175 Program for training and assessment in human factors principles and nontechnical skills

119.180 Training in human factors principles and nontechnical skills for flight crew etc.

119.185 Training in human factors principles and nontechnical skills for other operational safetycritical personnel

Subpart 119.F—Safety management

119.190 Safety management system requirements

119.195 Flight data analysis program requirements

Subpart 119.G—Personnel fatigue management

Subpart 119.H—Expositions for Australian air transport operators

119.205 Content of exposition

119.210 Compliance with exposition by operator

119.215 Providing personnel with exposition

119.220 Compliance with exposition by personnel

Subpart 119.J—Records and documents

119.225 Personnel training and checking records—making records

119.230 Personnel training and checking records—availability of records

119.235 Copies of flight crew licences and medical certificates

119.240 Retention periods for personnel records

119.245 Retention periods for flightrelated documents

119.250 Retention periods for other flightrelated records

Subpart 119.K—Miscellaneous offences

119.255 Dealings in relation to cancelled, suspended, varied, pending or refused civil aviation authorisations

119.260 Maximum period for use of foreign registered aircraft in Australian territory

Part 121—Australian air transport operations—larger aeroplanes

Subpart 121.A—Preliminary

121.005 Application of Part 121

121.010 Approvals by CASA for Part 121

121.015 Issue of Manual of Standards for Part 121

Subpart 121.C—General

Division 121.C.1—General flight limitations

121.020 Permitted categories of aeroplanes

121.025 Aeroplane to be flown under the IFR

121.030 Flights further than the 60 minute distance

121.035 Flights further than the threshold distance

121.040 Flight distance limitation over water

121.045 Simulation of emergency or abnormal situations, or IMC

121.050 Ferrying an aeroplane with one engine inoperative

Division 121.C.2—Operational documents

121.055 Compliance with flight manual

121.060 Operator to have minimum equipment list for certain flights

121.065 Duty statement to be available to crew

121.070 Availability of checklists

Division 121.C.3—Flight related documents

121.075 Electronic documents

121.080 Availability of parts of exposition

121.085 Carriage of documents

121.090 Accessibility of documents

121.095 Carriage of documents—flights that begin or end outside Australian territory

121.100 Keeping and updating documents etc.

121.105 Journey logs

121.110 Passenger lists

121.115 Flight preparation forms for flights that begin or end outside Australian territory

Division 121.C.4—Reporting and recording defects and incidents etc.

121.120 Procedures for reporting and recording defects etc.

121.125 Procedures for reporting and recording incidents

Division 121.C.5—Search and rescue services and emergency and survival equipment

121.130 Information about search and rescue services

121.135 Information about emergency and survival equipment

Division 121.C.6—Miscellaneous requirements

121.140 Crew activities necessary for safe operation

121.145 Competence of ground support personnel

121.150 Duty statement to be available to ground support personnel

121.155 Cockpit authorisation and briefing

Subpart 121.D—Operational procedures

Division 121.D.1—Operational control

121.160 Operational control

Division 121.D.2—Flight preparation

121.165 General flight preparation requirements

121.170 Flight preparation (Part 121 alternate aerodromes) requirements

Division 121.D.3—Flight planning

121.175 Operational flight plans

121.180 Availability of flight planning information

Division 121.D.4—Flight rules

121.185 Takeoff and landing minima for aerodromes

121.190 Establishing lowest safe altitudes etc.

121.195 Exposition requirements for lowvisibility operations

121.200 Stabilised approach requirements

Division 121.D.5—Aerodromes

121.205 Aerodrome requirements

121.210 Procedures to determine information about aerodromes

121.215 Procedures for safety at aerodromes

121.220 Taking off from and landing on narrow runways

Division 121.D.6—Fuel requirements

121.225 Fuel procedures

121.230 Oil requirements

121.235 Fuel requirements

121.240 Fuelling safety procedures

Division 121.D.7—Passenger transport and medical transport

121.245 Application of Division 121.D.7

121.250 Carriage of restricted persons

121.255 Carryon baggage

121.260 Aisles to remain unobstructed

121.265 Stowage of passenger service equipment etc.

121.270 Passengers in emergency exit row seats

121.275 Carriage of passengers with reduced mobility

121.280 Safety briefing cards

121.285 Safety briefings, instructions and demonstrations

121.290 Additional safety briefing for passengers in emergency exit rows

121.295 Safety briefing in the event of an emergency

Division 121.D.8—Instruments, indicators, equipment and systems

121.300 Airborne weather radar equipment

121.305 Headup displays, enhanced vision systems and synthetic vision systems

121.310 Crew protective breathing equipment

121.315 Handheld fire extinguishers

121.320 Procedures relating to firstaid kits

121.325 Procedures relating to universal precaution kits

121.330 Procedures relating to emergency medical kits

121.335 Lifesaving equipment for life rafts

121.340 Survival equipment procedures

Division 121.D.9—Miscellaneous

121.345 Procedures relating to ice

121.350 Procedures relating to portable electronic devices

121.355 Procedures relating to carriage of animals

121.360 Polar operations

121.365 Cosmic radiation

121.370 Exceeding cosmic radiation limits

121.375 Obstruction of emergency exits

121.380 Assignment of cabin crew seats

121.385 CASA approvals relating to takeoffs and landings

Subpart 121.F—Performance

121.390 Performance data

121.395 Takeoff performance

121.420 Landing performance

121.425 Computerised performance data systems not fitted to aeroplanes

121.430 Procedures relating to inoperative engines

Subpart 121.J—Weight and balance

121.435 Loading of aeroplane

121.440 Procedures for loading aeroplane etc.

121.445 Pilot in command must have information about aeroplane’s weight and balance

121.450 Computerised weight and balance systems not fitted to aeroplanes

121.455 Weight and balance documents

Subpart 121.K—Equipment

121.460 Requirements relating to equipment

Subpart 121.N—Flight crew

Division 121.N.1—General

121.470 Additional application of this Subpart

121.475 Composition, number, qualifications and training

121.480 Experience

121.485 Competence

121.490 Assignment to duty as pilot in command

121.495 Pilot in command

121.500 Copilots

121.505 Cruise relief copilots

121.510 Use of approved flight simulators for training or checking

121.515 Knowledge of route and aerodromes

Division 121.N.2—Operation of aeroplanes of different type ratings

121.520 Application of Division 121.N.2

121.525 Assignment of flight crew to aeroplanes of different type ratings

121.530 Credit for checks, qualifications, training and experience

Division 121.N.3—Relief

121.535 Relief of pilot in command

Division 121.N.4—Recent experience

121.540 Pilot in command and copilot—recent experience requirements

121.545 Cruise relief copilot—recent experience requirements

121.550 Flight engineers—recent experience requirements

Division 121.N.5—Nonrecurrent training and checking etc.

121.555 Meeting initial training requirements

121.560 Meeting conversion training requirements

121.565 Command training requirements

Division 121.N.6—Recurrent training and checking

121.570 Recurrent training and checking requirements

121.575 Holding valid Part 121 proficiency check

121.580 Part 121 proficiency check

121.585 Holding valid line check

121.590 Line check requirements

121.595 Holding valid refresher check

121.600 Refresher training and checking requirements

121.605 Holding valid annual emergency and safety equipment check

121.610 Annual emergency and safety equipment training and checking requirements

121.615 Holding valid 3 yearly emergency and safety equipment check

121.620 The 3 yearly emergency and safety equipment training and checking requirements

Subpart 121.P—Cabin crew

Division 121.P.1—Preliminary

121.625 Application of Subpart 121.P

121.630 When cabin crew are required

Division 121.P.2—General

121.635 Number of cabin crew

121.640 Qualifications, experience and training

121.645 Competence

121.650 Minimum age

121.655 English proficiency

121.660 Assignment to duty as senior cabin crew member

121.665 Training and checking for senior cabin crew member

121.670 Operating with a reduced number of cabin crew

121.675 Second senior cabin crew member

121.680 Training facilities and devices

Division 121.P.3—Operation of aeroplanes of different aeroplane types

121.685 Application of Division 121.P.3

121.690 Content of exposition in relation to aeroplane types

121.695 Maximum number of aeroplane types

121.700 Assignment to different aeroplane types

Division 121.P.4—Recent experience

121.705 Recent experience requirements—6 months before flight

Division 121.P.5—Nonrecurrent training and checking

121.710 Meeting initial training requirements

121.715 Meeting conversion training requirements

121.720 Meeting differences training requirements

Division 121.P.6—Recurrent training and checking

121.725 Annual training and holding valid annual training check

121.730 Holding valid line check

121.735 Three yearly training and holding valid 3 yearly training check

Division 121.P.7—When cabin crew are carried but not required

121.740 Competence

121.745 Minimum age

121.750 Annual emergency and safety equipment check

Subpart 121.V—Emergency evacuation procedures

121.755 Emergency evacuation procedures

Subpart 121.Z—Certain singleengine aeroplanes

121.760 Application of Part 135 to certain operations

121.765 At least 2 pilots required for certain IFR flights

121.770 Trend monitoring systems required for certain VFR flights by day

121.775 Terrain awareness and warning system

121.780 Aircraft not to be flown under the VFR at night

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

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—lowvisibility 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—copilot

Part 131—Balloons and hot air airships

Subpart 131.A—Preliminary

131.005 Application of Part 131

131.010 Definition of balloon transport operation

131.015 Definitions of balloon transport AOC and balloon transport operator

131.020 Definition of specialised balloon operation

131.025 Definition of Part 131 recreational activity

131.030 Definition of significant change

131.035 Approvals by CASA for Part 131

131.040 Prescribed purpose—balloon transport operations

131.045 Prescribed position—safety manager

131.050 Required material—reference library

131.055 Issue of Manual of Standards for Part 131

Subpart 131.B—Operator certification and management

Division 131.B.1—Requirement for certification for balloon transport operations

131.060 Balloon transport AOC required to conduct balloon transport operations

131.065 Compliance with balloon transport AOC

131.070 Compliance with conditions of balloon transport AOC

Division 131.B.2—Balloon transport AOCs

131.075 Application for balloon transport AOC

131.080 Conditions for issue of balloon transport AOC

131.085 Approval of exposition

131.090 Conditions of balloon transport AOCs

Division 131.B.3—Changes relating to balloon transport operators

131.095 Changes of name etc.

131.100 Application for approval of significant changes

131.105 Approval of significant changes

131.110 Changes must be made in accordance with process in exposition

131.115 CASA directions relating to exposition or key personnel

Division 131.B.4—Organisation and personnel

131.120 Organisation and personnel

131.125 Key personnel cannot carry out responsibilities

131.130 Familiarisation training for key personnel

131.135 Chief executive officer—experience

131.140 Chief executive officer—responsibilities and accountabilities

131.145 Head of flying operations—qualifications and experience

131.150 Head of flying operations—responsibilities

131.155 Head of training and checking—qualifications and experience

131.160 Head of training and checking—responsibilities

131.165 Safety manager—experience

131.170 Safety manager—responsibilities

131.175 Key personnel—additional qualification and experience requirements

Division 131.B.5—Systems

131.180 Safety management system requirements

131.185 Training and checking system

131.190 Fatigue management system

Division 131.B.6—Expositions for balloon transport operators

131.195 Content of exposition

131.200 Compliance with exposition by operator

131.205 Providing personnel with exposition

131.210 Compliance with exposition by personnel

Division 131.B.7—Records and documents

131.215 Personnel training and checking records—making records

131.220 Personnel training and checking records—availability of records

131.225 Copies of balloon flight crew licences and medical certificates

131.230 Retention periods for personnel records

Division 131.B.8—Miscellaneous offences

131.235 Dealings in relation to cancelled, suspended, varied, pending or refused civil aviation authorisations

131.240 Maximum period for use of foreign registered Part 131 aircraft in Australian territory

Subpart 131.C—General

Division 131.C.1—General flight limitations

131.245 Pilots must be authorised

131.250 Simulation of emergency or abnormal situations

Division 131.C.2—Operational documents

131.255 Compliance with flight manual

131.260 Availability of checklists

Division 131.C.3—Flight related documents

131.265 Electronic documents

131.270 Availability of parts of exposition

131.275 Carriage of documents

131.280 Keeping documents with a person on the ground during flight

Division 131.C.4—Reporting and recording information

131.285 Reporting and recording information

Division 131.C.5—Search and rescue services and emergency and survival equipment

131.290 Information about search and rescue services

131.295 Information about emergency and survival equipment

Division 131.C.6—Miscellaneous requirements

131.300 Competence of ground support personnel

131.305 Flights over populous areas, public gatherings and other areas

131.310 Dropping things from aircraft

131.315 Flights at night

131.320 Use of supplemental oxygen equipment etc.

131.325 Specialised balloon operations

131.330 Additional requirements for specialised balloon operations

Subpart 131.D—Operational procedures

Division 131.D.1—Operational control

Division 131.D.2—Flight preparation

131.340 Flight preparation requirements

Division 131.D.3—Flight notifications and preflight checks

131.345 Balloon flight notification requirements

131.350 Matters to be checked before takeoff

Division 131.D.4—Flight rules

Subdivision 131.D.4.1—General

131.353 Air traffic services—prescribed requirements

131.354 Use of radio—broadcasts and reports

131.355 Additional right of way rules

131.360 Operations at noncontrolled aerodromes

131.365 Flights over water

Subdivision 131.D.4.2—Visual flight rules

131.367 VFR flights

Division 131.D.5—Taking off, landing and ground operations

131.370 Procedures for safety during ground operations

131.375 Operation of Part 131 aircraft while tethered

Division 131.D.6—Fuel requirements

131.380 Fuel and ballast procedures

131.385 Fuel and ballast requirements

Division 131.D.7—Safety of persons on aircraft and cargo requirements

131.390 Smoking not permitted during flight or within 15 metres of Part 131 aircraft

131.395 Certain Part 131 aircraft to have signage about smoking

131.400 Carriage of infants

131.405 Carriage of persons requiring assistance

131.410 Passengers—safety briefings and instructions

131.415 Safety briefing in the event of an emergency

131.420 Passengers—compliance with safety directions

131.425 Restraint of cargo

131.430 Procedures relating to carriage of animals

Division 131.D.8—Miscellaneous

131.435 Training flight limitations

131.440 Test flights

Subpart 131.F—Performance

131.445 Loading weights

131.450 Loading procedures

131.455 Carriage of passengers

Subpart 131.K—Equipment

131.460 Requirements relating to equipment

Subpart 131.M—Continuing airworthiness

Subpart 131.N—Flight crew

131.565 Qualifications and training for pilots

Subpart 131.P—Other operational safetycritical personnel

Division 131.P.1—Ground support personnel

131.570 Qualifications and training for ground support personnel

Division 131.P.2—Other operational support personnel

Subpart 131.R—Part 131 recreational activities

131.580 Part 131 recreational activities must be authorised

131.585 Procedures for carrying hang gliders

Subpart 131.S—Balloon flight crew licensing

Subpart 131.Z—Tethered gas balloons

131.685 Approval required to operate

131.690 Compliance with Part 131 Manual of Standards

131.695 Operation under cloud

131.700 Operation at night

131.705 Rapid deflation device required

131.710 What to do if balloon escapes

Part 132—Limited category aircraft

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 safetycritical 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

132.085 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 lifelimited safetycritical aeronautical products

132.105 When adventure flights prohibited—major modifications or repairs

132.110 When adventure flights prohibited—certain aircraft that are not exarmed 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 lifelimited 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

Part 133—Australian air transport operations—rotorcraft

Subpart 133.A—Preliminary

133.005 Application of Part 133

133.010 Definition of suitable forced landing area for rotorcraft flights

133.015 Approvals by CASA for Part 133

133.020 Issue of Manual of Standards for Part 133

Subpart 133.C—General

Division 133.C.1—General flight limitations

133.025 Permitted categories of rotorcraft

Division 133.C.2—Operational documents

133.030 Compliance with flight manual

133.035 Operator to have minimum equipment list for certain flights

133.040 Availability of checklists

Division 133.C.3—Flight related documents

133.045 Electronic documents

133.050 Availability of parts of exposition

133.055 Carriage of documents

133.060 Availability or carriage of documents for certain flights

133.065 Carriage of documents—flights that begin or end outside Australian territory

133.070 Keeping and updating documents etc.

133.075 Journey logs

133.080 Passenger lists

133.085 Flight preparation forms for flights that begin or end outside Australian territory

Division 133.C.4—Reporting and recording defects and incidents etc.

133.090 Procedures for reporting and recording defects etc.

133.095 Procedures for reporting and recording incidents

Division 133.C.5—Search and rescue services and emergency and survival equipment

133.100 Information about search and rescue services

133.105 Information about emergency and survival equipment

Division 133.C.6—Miscellaneous requirements

133.110 Crew activities necessary for safe operation

133.115 Competence of ground support personnel

133.120 Crew station authorisation and briefing

Subpart 133.D—Operational procedures

Division 133.D.1—Operational control

133.125 Operational control

Division 133.D.2—Flight preparation

133.130 Flight preparation requirements

Division 133.D.3—Flight planning

133.135 Operational flight plans

133.140 Availability of flight planning information

Division 133.D.4—Flight rules

133.145 Takeoff and landing minima

133.150 Flights to or from foreign countries that do not use ICAO procedures

133.155 Authorised instrument approach procedures not in the AIP

133.160 Exposition requirements for lowvisibility operations

133.165 IFR flights without destination alternate aerodromes

133.167 Minimum height rules for medical transport operations

Division 133.D.5—Aerodromes

133.170 Procedures to determine information about aerodromes

133.175 Procedures for safety at aerodromes

Division 133.D.6—Fuel requirements

133.180 Fuel procedures

133.185 Oil requirements

133.190 Fuel requirements

133.195 Fuelling safety procedures

Division 133.D.7—Passenger transport and medical transport

133.200 Application of Division 133.D.7

133.205 Simulation of emergency or abnormal situations

133.210 Carriage of restricted persons

133.215 Carryon baggage

133.220 Obstruction of emergency exits

133.225 Passengers in seats adjacent to emergency exits

133.230 Carriage of passengers with reduced mobility

133.235 Safety briefing cards

133.240 Safety briefings, instructions and demonstrations

133.245 Safety briefing in the event of an emergency

Division 133.D.8—Instruments, indicators, equipment and systems

133.250 Airborne weather radar equipment

133.255 Headup displays, enhanced vision systems and synthetic vision systems

133.260 Survival equipment procedures

133.265 NVIS flights

133.270 Securing moveable equipment

Division 133.D.9—Miscellaneous

133.275 Procedures relating to ice

133.280 Procedures relating to portable electronic devices

133.285 Procedures relating to carriage of animals

133.290 Polar operations

133.295 External load operations involving winching a person

Subpart 133.F—Performance

133.305 Takeoff performance

133.310 Landing performance

133.315 Flight in a performance class

133.320 Rotorcraft permitted to fly in performance class 1 or 2, or performance class 2 with exposure

133.325 Flight in performance class 2 with exposure

133.330 Flight in performance class 1 for certain rotorcraft

133.335 Flight in performance class 1 or 2, or performance class 2 with exposure for certain rotorcraft

133.340 Flight in performance class 3 over populous areas

Subpart 133.J—Weight and balance

133.345 Loading of rotorcraft

133.350 Procedures for loading rotorcraft etc.

133.355 Weight and balance documents

Subpart 133.K—Equipment

133.360 Requirements relating to equipment

Subpart 133.N—Flight crew

Division 133.N.1—General

133.370 Composition, number, qualifications and training

133.375 Competence

133.377 Training and checking to be conducted by certain persons

133.380 Assignment to duty of pilot in command

133.385 Pilot in command

133.390 Copilot

133.395 Pilot in command in noncommand pilot’s seat

133.400 Knowledge of route and aerodromes

Division 133.N.2—Flight crew training—miscellaneous

Division 133.N.3—Operation of rotorcraft of different types

133.410 Application of Division 133.N.3

133.415 Assignment of flight crew to different multiengine rotorcraft

Division 133.N.4—Recent experience

133.420 Recent experience requirements—90 days before flight

Subpart 133.P—Crew other than flight crew

Division 133.P.1—Cabin crew

133.425 Number, qualifications, experience and training

133.430 Competence

133.435 Minimum age

133.440 English proficiency

133.445 Assignment to duty as senior cabin crew member

133.450 Training and checking requirements for senior cabin crew member

Division 133.P.2—Air crew

133.455 Training and checking

133.460 Competence

133.465 English proficiency

Division 133.P.3—Medical transport specialists

133.470 Training and checking

133.475 Competence

Part 135—Australian air transport operations—smaller aeroplanes

Subpart 135.A—Preliminary

135.005 Application of Part 135

135.010 Compliance with Part 121 provisions

135.015 Definition of suitable forced landing area for aeroplane flights

135.020 Approvals by CASA for Part 135

135.025 Issue of Manual of Standards for Part 135

Subpart 135.C—General

Division 135.C.1—General flight limitations

135.030 Permitted categories of aeroplanes

135.035 Flight distance limitations

Division 135.C.2—Operational documents

135.040 Compliance with flight manual

135.045 Operator to have minimum equipment list for certain flights

135.050 Availability of checklists

Division 135.C.3—Flight related documents

135.055 Electronic documents

135.060 Availability of parts of exposition

135.065 Carriage of documents

135.070 Availability or carriage of documents for certain flights

135.075 Carriage of documents—flights that begin or end outside Australian territory

135.080 Keeping and updating documents etc.

135.085 Journey logs

135.090 Passenger lists

135.095 Flight preparation forms for flights that begin or end outside Australian territory

Division 135.C.4—Reporting and recording defects and incidents etc.

135.100 Procedures for reporting and recording defects etc.

135.105 Procedures for reporting and recording incidents

Division 135.C.5—Search and rescue services and emergency and survival equipment

135.110 Information about search and rescue services

135.115 Information about emergency and survival equipment

Division 135.C.6—Miscellaneous requirements

135.120 Crew activities necessary for safe operation

135.125 Competence of ground support personnel

135.130 Flight crew seat authorisation and briefing

Subpart 135.D—Operational procedures

Division 135.D.1—Operational control

135.135 Operational control

Division 135.D.2—Flight preparation

135.140 Flight preparation requirements

Division 135.D.3—Flight planning

135.145 Operational flight plans

135.150 Availability of flight planning information

Division 135.D.4—Flight rules

135.155 Takeoff and landing minima

135.160 IFR flights to or from foreign countries that do not use ICAO procedures

135.165 Authorised instrument approach procedures not in the AIP

135.170 Exposition requirements for lowvisibility operations

135.175 Stabilised approach requirements

135.180 Takeoff alternate aerodromes

135.185 Alternate aerodrome requirements in certain circumstances

135.190 IFR flights without destination alternate aerodromes

Division 135.D.5—Aerodromes

135.195 Procedures to determine information about aerodromes

135.200 Procedures for safety at aerodromes

Division 135.D.6—Fuel requirements

135.205 Fuel procedures

135.210 Oil requirements

135.215 Fuel requirements

135.220 Fuelling safety procedures

Division 135.D.7—Passenger transport and medical transport

135.225 Application of Division 135.D.7

135.230 IFR flights

135.235 VFR flights at night

135.240 Prescribed singleengine aeroplanes

135.245 Simulation of emergency or abnormal situations

135.250 Carriage of restricted persons

135.255 Carryon baggage

135.260 Obstruction of emergency exits

135.265 Passengers in seats adjacent to emergency exits

135.270 Carriage of passengers with reduced mobility

135.275 Safety briefing cards

135.280 Safety briefings, instructions and demonstrations

135.285 Safety briefing in the event of an emergency

135.290 Flights over water for singleengine aeroplanes

Division 135.D.8—Instruments, indicators, equipment and systems

135.295 Airborne weather radar equipment

135.300 Headup displays, enhanced vision systems and synthetic vision systems

135.305 Survival equipment procedures

Division 135.D.9—Miscellaneous

135.310 Procedures relating to ice

135.315 Procedures relating to portable electronic devices

135.320 Procedures relating to carriage of animals

135.325 Polar operations

135.330 Cosmic radiation

135.335 Exceeding cosmic radiation limits

Subpart 135.F—Performance

135.340 Performance data

135.345 Takeoff performance

135.350 Landing performance

Subpart 135.J—Weight and balance

135.355 Loading of aeroplane

135.360 Procedures for loading aeroplane etc.

135.365 Weight and balance documents

Subpart 135.K—Equipment

135.370 Requirements relating to equipment

Subpart 135.N—Flight crew

Division 135.N.1—General

135.380 Composition, number, qualifications and training

135.385 Competence

135.387 Training and checking to be conducted by certain persons

135.390 Assignment to duty of pilot in command

135.395 Pilot in command

135.400 Copilot

135.405 Pilot in command in noncommand pilot’s seat

135.410 Knowledge of route and aerodromes

Division 135.N.2—Operation of aeroplanes of different type ratings

135.415 Application of Division 135.N.2

135.420 Assignment of flight crew to aeroplanes of different type ratings

Division 135.N.3—Operation of aeroplanes of different types

135.425 Application of Division 135.N.3

135.430 Assignment as pilot in command on aeroplanes of different types

Division 135.N.4—Recent experience

135.435 Recent experience requirements—90 days before flight

Subpart 135.P—Crew other than flight crew

Division 135.P.1—General

Division 135.P.2—Air crew

135.445 Training and checking

135.450 Competence

135.455 English proficiency

Division 135.P.3—Medical transport specialists

135.460 Training and checking

135.465 Competence

Part 99Drug and alcohol management plans and testing

 

Table of contents

99.005 Purposes of Part

Subpart 99.A—General

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.B—Drug and alcohol management plans

Division 99.B.1—Purposes of Subpart

99.025 Purposes of Subpart

Division 99.B.2—Persons 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.3—Content and implementation of DAMP

Subdivision 99.B.3.1—Content of DAMP

99.045 Content of DAMP

Subdivision 99.B.3.2—Drug 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.3.3—Drug 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.3.4—Implementing a DAMP

99.080 Implementing a DAMP

Division 99.B.4—Review 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.5—Provision of Information

99.100 DAMP organisation or DAMP contractor to provide information

99.105 DAMP recordkeeping

Subpart 99.C—Drug and alcohol testing by CASA

Division 99.C.1—Preliminary

99.110 Purposes of Subpart

Subdivision 99.C.1.1—Who 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.1.2—Powers of approved testers

99.125 Powers of approved testers

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

99.130 Approved drug and alcohol testing devices

Division 99.C.2—Drug testing

Subdivision 99.C.2.1—General

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.2.2—Initial 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.2.3—Receipt and storage of samples by approved laboratories

99.190 Receipt of samples

99.195 Storage of samples

Subdivision 99.C.2.4—Conduct 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.2.5—Recordkeeping

99.235 Approved laboratory to keep records

Division 99.C.3—Alcohol 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.D—Evidentiary certificates and prescribed proceedings

Division 99.D.1—Purposes of Subpart

99.275 Purposes of Subpart

Division 99.D.2—Evidentiary 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.3—Prescribed proceedings

99.315 Prescribed proceedings

Subpart 99.E—Offences for Subpart 99.C

Division 99.E.1—Purposes of Subpart

99.320 Purposes of Subpart

Division 99.E.2—Offences

Subdivision 99.E.2.1—Offences 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.2.2—Offences 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 while showing positive result for a confirmatory alcohol test

Subdivision 99.E.2.3—Offences 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.3—CASA medical review officers

99.390 CASA medical review officers

Subpart 99.F—Provision of information

Division 99.F.1—Purposes of Subpart

99.395 Purposes of Subpart

Division 99.F.2—Information

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

Division 99.G.1—Purposes 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.H—Approved testers and authorisations to conduct drug and alcohol tests

Division 99.H.1—Purposes of Subpart

99.440 Purposes of Subpart

Division 99.H.2—Approvals 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.3—Obligations 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.4—Powers of approved testers

99.465 Approved testers’ powers to access premises

Division 99.H.5—Identity 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.6—Notices 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 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:

 (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 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.

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 safetysensitive 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 nonresidential treatment programs;

 (c) monitoring and followup 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 safetysensitive 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:

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

Δ9tetrahydrocannabinol

10

6Acetyl 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;

 (v) reserve parachutes or emergency parachutes; 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 ATC licence in the course of the person’s duties as a controller; and

 (j) activities undertaken by the supervisor of a holder of an ATC 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; and

 (m) undertaking parachute descents; and

 (n) supervising parachute descents.

 (3) This Part applies to the safetysensitive aviation activities specified in paragraphs (2)(b) to (n) 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;

 (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;

 (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 nonperformance 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) followup 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) followup 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) followup 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 recordkeeping

 (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 tamperevident 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 tamperevident 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 tamperevident 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 tamperevident 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 100day 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 90day period mentioned in subregulation (2), the approved laboratory must discard Sample B at the end of the 100day 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 tamperevident 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.2.5Recordkeeping

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 7year 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 7year 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 crossexamined 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.A—Preliminary

101.005 Applicability of this Part

101.010 Application to rocketpowered unmanned aircraft

101.020 Exemption from certain provisions of CAR

101.021 Meaning of RPA

101.022 Types of RPA

101.023 Meaning of model aircraft

101.024 Types of model aircraft

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

Subpart 101.AB—Authorisations for sections 20AA and 20AB of the Act

101.046 Flying without a certificate of airworthiness

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.B—General prohibition on unsafe operation

101.050 Applicability of this Subpart

101.055 Hazardous operation prohibited

Subpart 101.C—Provisions applicable to unmanned aircraft generally

101.060 Applicability of this Subpart

101.065 Operation in prohibited or restricted area

101.066 Operation in prescribed area—requirements prescribed by the Part 101 Manual of Standards

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

101.098 Identification of certain RPA—requirements prescribed by the Part 101 Manual of Standards

101.099 Foreign registered RPA and model aircraft—requirements prescribed by the Part 101 Manual of Standards

101.099AA Foreign registered RPA—unmanned aircraft levy

101.099A Modifications of certain RPA—requirements prescribed by the Part 101 Manual of Standards

101.099B Test flights of certain RPA—circumstances and requirements prescribed by the Part 101 Manual of Standards

Subpart 101.D—Tethered 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 Mooringline 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.E—Unmanned 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.F—Remotely 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

101.250 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 Variation, suspension or 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 Variation, suspension or cancellation of RPA operator’s certification

101.370 Compliance with RPA operator’s practices and procedures

Division 101.F.5—Operation of certain RPA for hire or reward

101.371 Application of Division 101.F.5

101.372 Notice of certain operations

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

101.374 Database of notifications

Subpart 101.FA—Excluded RPA and micro RPA accreditation

Division 101.FA.1—General

101.374A Application of this Subpart

Division 101.FA.2—Accreditation requirements

101.374B Excluded RPA and micro RPA—requirement for accreditation or remote pilot licence

101.374C Excluded RPA and micro RPA—requirement to produce accreditation or remote pilot licence

Division 101.FA.3—Grant of accreditation to operate excluded RPA and micro RPA

101.374D Accreditation—application

101.374E Accreditation—grant

101.374F Accreditation—conduct of online courses and examinations

101.374G Accreditation—cessation

101.374H Notice to accreditation holder to show cause

101.374J Suspension or cancellation of accreditation

Subpart 101.G—Model 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.H—Rockets

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 Rockets other than model rockets must be launched in approved area

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.I—Firework 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 controlline 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 rocketpowered unmanned aircraft

  This Part applies to a rocketpowered unmanned aircraft, and to the operation of such an aircraft, unless the contrary intention appears.

101.020  Exemption from certain provisions of CAR

  Parts 4, 4A, 4B, 4C, 5, 9, 10 and 14 of CAR do not apply to an aircraft to which this Part applies, nor to a micro RPA.

101.021  Meaning of RPA

  An RPA is a remotely piloted aircraft, other than the following:

 (a) a balloon;

 (b) a kite;

 (c) a model aircraft.

101.022  Types of RPA

  The defined terms listed in the following table have the meaning indicated in the table.

 

Types of RPA

Item

The term …

means …

1

micro RPA

an RPA with a gross weight of not more than 250 g.

2

very small RPA

an RPA with a gross weight of more than 250 g, but not more than 2 kg.

3

small RPA

an RPA with a gross weight of more than 2 kg, but not more than 25 kg.

4

medium RPA

(a) an RPA with a gross weight of more than 25 kg, but not more than 150 kg; or

(b) a remotely piloted airship with an envelope capacity of not more than 100 m3.

5

large RPA

(a) a remotely piloted aeroplane with a gross weight of more than 150 kg; or

(b) a remotely piloted powered parachute with a gross weight of more than 150 kg; or

(c) a remotely piloted rotorcraft with a gross weight of more than 150 kg; or

(d) a remotely piloted poweredlift aircraft with a gross weight of more than 150 kg; or

(e) a remotely piloted airship with an envelope capacity of more than 100 m3.

Note: For the meaning of excluded RPA, see regulation 101.237.

101.023  Meaning of model aircraft

 (1) A model aircraft is an aircraft (other than a balloon or a kite) that does not carry a person:

 (a) if the aircraft:

 (i) is being operated for the purpose of sport or recreation; and

 (ii) has a gross weight of not more than 150 kg; or

 (b) if the aircraft has a gross weight of not more than 7 kg, and is being operated in connection with the educational, training or research purposes of:

 (i) a school in relation to which there is an approved authority under the Australian Education Act 2013; or

 (ii) a higher education provider within the meaning of the Higher Education Support Act 2003.

 (2) However, paragraph (1)(b) does not apply in relation to education, training or research conducted by or on behalf of an entity other than a school or higher education provider mentioned in subparagraph (1)(b)(i) or (ii).

Note: A model aircraft is not an RPA (see the definition of RPA in regulation 101.021).

101.024  Types of model aircraft

  The defined term listed in the following table has the meaning indicated in the table.

 

Types of model aircraft

Item

The term …

means …

1

giant model aircraft

a model aircraft that has a takeoff weight (excluding fuel) of more than 25 kilograms.

 

101.025  Meaning of populous area

  For this Part, an area is a populous area in relation to the operation of an unmanned aircraft 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) 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.

 (10) In the case of an approval of an area as an area for the operation of model aircraft:

 (a) subregulation (7) does not apply; and

 (b) subregulation (8) does not require the publication of any details of a revocation or change in NOTAM or on an aeronautical chart.

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 sections 20AA and 20AB of the Act

 

101.046  Flying without a certificate of airworthiness

  For the purposes of paragraph 20AA(3)(b) of the Act, a flight of an RPA (other than a large RPA) is authorised without a certificate of airworthiness.

Note: For requirements in relation to large RPA, see regulation 101.255.

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 the purposes of paragraph 20AB(1)(b) of the Act, a person performing a duty that is essential to the operation of the aircraft during flight time is authorised to do so without a civil aviation authorisation mentioned in paragraph 20AB(1)(a) of the Act.

101.048  Performance of duties during flight time—remotely piloted aircraft

 (1) For the purposes of paragraph 20AB(1)(b) of the Act, a person performing a duty that is essential to the operation of an RPA during flight time is authorised to do so without a civil aviation authorisation mentioned in paragraph 20AB(1)(a) of the Act.

Operating excluded RPA and micro RPA

 (2) Subregulation (1) applies to a person operating an RPA only if:

 (a) the RPA is an excluded RPA or a micro RPA; and

 (b) the operation is of a kind mentioned in subregulation 101.374B(4) (which covers supervised operation by a person under the age of 16).

Note: These Regulations allow a person to operate an RPA other than an excluded RPA or micro RPA only if the person holds a remote pilot licence. A person is allowed to operate an excluded RPA or micro RPA if the person is accredited or holds a remote pilot licence, or in the circumstance mentioned in paragraph (2)(b) of this regulation. See regulation 101.252 and subregulations 101.374B(1) and (4).

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:

 (a) is not an aircraft; and

 (b) is not a high power rocket within the meaning of the Space (Launches and Returns) Act 2018; and

 (c) is not a space object or part of a space object within the meaning of that Act;

in a way that creates a hazard to another person or to property.

Penalty: 50 penalty units.

Note: Hazards from high power rockets and space objects are regulated under the Space (Launches and Returns) Act 2018.

 (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.

101.066  Operation in prescribed area—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 an area prescribed by the Part 101 Manual of Standards.

 (2) A person commits an offence of strict liability if:

 (a) the person operates an unmanned aircraft in an area prescribed under subregulation (1); 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.

101.070  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.

101.098  Identification of certain RPA—requirements prescribed by the Part 101 Manual of Standards

 (1) The Part 101 Manual of Standards may prescribe requirements relating to the identification of RPA required to be registered under Division 47.C.2.

 (2) A person commits an offence of strict liability if:

 (a) the person operates, or conducts an operation using, an RPA required to be registered under Division 47.C.2; and

 (b) the person is subject to a requirement prescribed for the purposes of subregulation (1) in relation to that operation or conduct; and

 (c) the person does not comply with the requirement.

Penalty: 50 penalty units.

101.099  Foreign registered RPA and model aircraft—requirements prescribed by the Part 101 Manual of Standards

 (1) The Part 101 Manual of Standards may prescribe requirements relating to the operation of, or the conduct of operations using, RPA or model aircraft registered under a law of a foreign country.

 (2) A person commits an offence of strict liability if:

 (a) the person operates, or conducts an operation using, an RPA, or a model aircraft, within Australian territory; and

 (b) the person is subject to a requirement prescribed under subregulation (1) in relation to that operation or conduct; and

 (c) the person does not comply with the requirement.

Penalty: 50 penalty units.

101.099AA  Foreign registered RPA—unmanned aircraft levy

Payment of unmanned aircraft levy

 (1) An application under Chapter 13 of the Part 101 (Unmanned Aircraft and Rockets) Manual of Standards 2019 for permission to operate, or to conduct operations using, an RPA registered under a law of a foreign country must be accompanied by the unmanned aircraft levy (if any) for the application.

Waiver or refund of unmanned aircraft levy

 (2) CASA may, on behalf of the Commonwealth, waive the payment of unmanned aircraft levy under subregulation (1), or refund levy that has been paid under that subregulation, if CASA is satisfied that there are exceptional circumstances justifying the waiver or refund.

 (3) The waiver or refund:

 (a) may be of the whole or part of the levy; and

 (b) may be made by CASA on its own initiative, or on written application in the approved form by the applicant for the registration.

101.099A  Modifications of certain RPA—requirements prescribed by the Part 101 Manual of Standards

 (1) The Part 101 Manual of Standards may prescribe requirements relating to the modification of an RPA registered under Division 47.C.2, including the extent to which modifications may be made to such an aircraft before the aircraft is considered to be no longer the aircraft to which the aircraft’s registration applies.

 (2) A person commits an offence of strict liability if:

 (a) the RPA is registered under Division 47.C.2; and

 (b) the aircraft is modified after it is registered under that Division; and

 (c) the person operates the modified aircraft, or conducts an operation using the modified aircraft; and

 (d) the person is subject to a requirement prescribed for the purposes of subregulation (1) in relation to that operation or conduct; and

 (e) the person does not comply with the requirement.

Penalty: 50 penalty units.

101.099B  Test flights of certain RPA—circumstances and requirements prescribed by the Part 101 Manual of Standards

Circumstances in which aircraft may be operated for test flights while not registered for the flights

 (1) The Part 101 Manual of Standards may prescribe the circumstances in which an RPA that is not required to be registered under Division 47.C.1, and is not registered under Division 47.C.2, may be operated for the purposes of a test flight.

 (2) For the purposes of subregulation (1), circumstances in which an aircraft may be operated for the purposes of a test flight may be prescribed only if the circumstances are relevant to the development, manufacture, repair or maintenance of the aircraft or of equipment associated with the aircraft.

Requirements for aircraft operated for test flights while not registered for the flights

 (3) The Part 101 Manual of Standards may prescribe requirements relating to the operation of an aircraft mentioned in subregulation (1) for the purposes of a test flight.

 (4) A person commits an offence of strict liability if:

 (a) the person operates, or conducts an operation using, an RPA for the purposes of a test flight; and

 (b) the person is subject to a requirement prescribed for the purposes of subregulation (3) in relation to that operation or conduct; and

 (c) the person does not comply with the requirement.

Penalty: 50 penalty units.

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 an unmanned 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  Mooringline 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(7).

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 101.1551.

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 101.1551 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 101.1552.

 

Table 101.1552 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 remotelyoperated) of releasing its payload; and

 (b) if the balloon is not a zeropressure 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 radarreflective 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 groundbased radar; and

 (d) if the balloon is operated in an area in which groundbased secondary surveillance radar is in use, it is fitted with an SSR transponder (with altitudereporting 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 payloadrecovery 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 000foot 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 reestablished tracking of the balloon, the operator must tell the service immediately that tracking has been reestablished 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 2way 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;

 (b) small RPA;

 (c) medium RPA;

 (d) large RPA.

Note 1: This Subpart does not apply to model aircraft, as they are not RPA—see the definitions of RPA in regulation 101.021 and model aircraft in regulation 101.023.

Note 2: This Subpart also does not apply to micro RPA—see the definition of micro RPA in regulation 101.022.

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: A remote pilot licence is not required to operate an excluded RPA. An accreditation is sufficient—see regulation 101.252 and Subpart 101.FA.

 (3) A very small RPA is an excluded RPA if it is being operated 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.

 (6) A small 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 of a category that is specified in the licence.

Note: For paragraph (b), for example, if a remote pilot licence states that the holder is authorised to operate a small RPA with a gross weight of not more than 7 kg that is an aeroplane, a small RPA with a gross weight of 10 kg that is an aeroplane may be an excluded RPA when operated by that holder. However, a small RPA (of any weight) that is a helicopter cannot be an excluded RPA when operated by that holder, because an aeroplane is not of the same category of RPA as a helicopter (see the definition of category in Part 1 of the Dictionary).

 (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, at all times during the operation:

 (aa) the RPA is operated in Australian territory; and

 (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.

101.250  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.

 (3) A person (the offender) commits an offence of strict liability if:

 (a) the offender operates an RPA; and

 (b) one of the following persons demands the offender to produce, for inspection by the person, a remote pilot licence that authorises the offender to operate the RPA:

 (i) an authorised person;

 (ii) a member or special member of the Australian Federal Police;

 (iii) a member of a police force or a police service of a State or Territory; and

 (c) the offender fails to comply with the demand.

Penalty: 5 penalty units.

 (4) Subregulation 302(1) of CAR does not apply in relation to a remote pilot licence.

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 101.022.

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 101.022.

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 failsafe 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 ATC 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 prescribed by the Part 91 Manual of Standards for the purposes of subregulation 91.255(1) or paragraph 91.630(1)(b).

 (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, ATC 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 ATC licence, or a military qualification equivalent to an ATC 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 ATC 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

Show cause notice—variation, cancellation or suspension

 (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 variation, suspension or 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 variation, suspension or 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 varied, suspended or cancelled.

Immediate suspension if serious risk to the safety of air navigation

 (3) The remote pilot licence is suspended from the time the show cause notice is given to the holder, if:

 (a) CASA reasonably considers that there may be a serious risk to the safety of air navigation if the licence were not suspended; and

 (b) the show cause notice states that the licence is suspended for that reason.

 (5) CASA may at any time revoke the suspension.

 (6) If the licence is suspended under subregulation (3):

 (a) the holder is taken not to be the holder of a remote pilot licence during the period of suspension; and

 (b) the licence is not in force while suspended; and

 (c) if CASA has not dealt with the suspension under regulation 101.320 within 90 days after the day the licence is suspended, the suspension lapses at the end of that period (if it is not earlier revoked under subregulation (5) of this regulation or subregulation 101.320(2)).

Note: Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal.

101.320  Variation, suspension or cancellation of remote pilot licence

 (1) CASA may vary, suspend or 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, an instrument under these Regulations or a condition of the licence; or

 (ii) has operated an RPA negligently or carelessly; or

 (iii) in operating an RPA, has recklessly endangered human life or property; or

 (iv) at the time of the grant of the licence did not meet, or now no longer meets, the criteria for eligibility under regulation 11.055 as they applied at the time of the grant.

Note: For subparagraph (iv), in determining whether the criteria for eligibility were or are met, CASA may take into account the matters mentioned in subregulation 11.055(4).

Notice of decision

 (2) If CASA has given a show cause notice under regulation 101.315 to the holder of a remote pilot licence:

 (a) in the event that CASA decides to vary, suspend or cancel the licence—CASA must give the holder notice of the decision, including (in the case of a decision to suspend the licence) notice of the period of suspension; and

 (b) in the event that CASA decides not to vary, suspend or cancel the licence—CASA must, in writing:

 (i) give the holder notice accordingly; and

 (ii) if the licence was suspended under subregulation 101.315(3)—revoke the suspension.

Effect of suspension

 (3) If a remote pilot licence is suspended under this regulation:

 (a) the holder is taken not to be the holder of a remote pilot licence during the period of suspension; and

 (b) the licence is not in force during the period of suspension stated in the notice under paragraph (2)(a).

Note 1: CASA may also impose a condition on the licence, or vary an existing condition of the licence—see regulation 11.067.

Note 2: 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 an advisory circular 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 uptodate 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

Show cause notice—variation, cancellation or suspension

 (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 variation, suspension or cancellation of the certification under regulation 101.365.

 (2) A show cause notice must:

 (a) tell the operator of the facts and circumstances that, in CASA’s opinion, would justify the variation, suspension or 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 varied, suspended or cancelled.

Immediate suspension if serious risk to the safety of air navigation

 (3) The certification is suspended from the time the show cause notice is given to the operator, if:

 (a) CASA reasonably considers that there may be a serious risk to the safety of air navigation if the certification were not suspended; and

 (b) the show cause notice states that the certification is suspended for that reason.

 (5) CASA may at any time revoke the suspension.

 (6) If the certification of a person as an RPA operator is suspended under subregulation (3):

 (a) the operator is taken not to be a certified RPA operator during the period of suspension; and

 (b) the certification is not in force while suspended; and

 (c) if CASA has not dealt with the suspension under regulation 101.365 within 90 days after the day the certification is suspended, the suspension lapses at the end of that period (if it is not earlier revoked under subregulation (5) of this regulation or subregulation 101.365(2)).

Note: Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal.

101.365  Variation, suspension or cancellation of RPA operator’s certification

 (1) CASA may vary, suspend or 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, an instrument under these Regulations or 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; or

 (iv) at the time the operator was certified the operator did not meet, or now no longer meets, the criteria for eligibility under regulation 11.055 as they applied at the time of certification.

Note: For subparagraph (iv), in determining whether the criteria for eligibility were or are met, CASA may take into account the matters mentioned in subregulation 11.055(4).

Notice of decision

 (2) If CASA has given a show cause notice under regulation 101.360 to a certified RPA operator:

 (a) in the event that CASA decides to vary, suspend or cancel the certification—CASA must give the operator notice of the decision, including (in the case of a decision to suspend the certification) notice of the period of suspension; and

 (b) in the event that CASA decides not to vary, suspend or cancel the certification—CASA must, in writing:

 (i) give the operator notice accordingly; and

 (ii) if the certification was suspended under subregulation 101.360(3)—revoke the suspension.

Effect of suspension

 (3) If the certification of a person as an RPA operator is suspended under this regulation:

 (a) the operator is taken not to be a certified RPA operator during the period of suspension; and

 (b) the certification is not in force during the period of suspension stated in the notice under paragraph (2)(a).

Note 1: CASA may also impose a condition on the certification, or vary an existing condition of the certification—see regulation 11.067.

Note 2: 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 certain RPA for hire or reward

101.371  Application of Division 101.F.5

 (1) This Division applies in relation to the first operation of a very small RPA, a small RPA or a medium RPA while the RPA is an excluded RPA under any of the following provisions:

 (a) subregulation 101.237(3) (a very small RPA being operated in standard RPA operating conditions);

 (b) subregulation 101.237(4) (a small RPA being operated in certain circumstances);

 (c) subregulation 101.237(7) (a medium RPA being operated in certain circumstances).

 (2) The first operation of an RPA while it is an excluded RPA under a provision mentioned in subregulation (1) is its first operation, while it is such an excluded RPA, in each period during which it is registered under Subpart 47.C.

101.372  Notice of certain operations

 (1) Before the first operation of an RPA to which this Division applies (whether by the registration holder for the RPA or another person), the registration holder must notify CASA of the operation, in writing, in a form and manner approved by CASA.

 (2) A registration holder for an RPA commits an offence of strict liability if:

 (a) the registration holder is subject to the requirement under subregulation (1) in relation to the RPA; and

 (b) the registration holder fails to comply with the requirement.

Penalty: 50 penalty units.

 (3) Subregulations (1) and (2) do not apply if the registration holder, or another person, is certified under Division 101.F.4 to conduct the operation.

Note: A defendant bears an evidential burden in relation to the matter in this subregulation—see subsection 13.3(3) of the Criminal Code.

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.FAExcluded RPA and micro RPA accreditation

Division 101.FA.1General

101.374A  Application of this Subpart

  This Subpart applies to the operation of excluded RPA and micro RPA.

Note 1: See the definition of excluded RPA in regulation 101.237.

Note 2: This Subpart does not apply to model aircraft, as they are not RPA—see the definitions of RPA in regulation 101.021 and model aircraft in regulation 101.023.

Division 101.FA.2Accreditation requirements

101.374B  Excluded RPA and micro RPA—requirement for accreditation or remote pilot licence

Excluded RPA and micro RPA

 (1) A person commits an offence of strict liability if:

 (a) the person operates an excluded RPA or a micro RPA; and

 (b) the person holds neither of the following:

 (i) an accreditation authorising the person to operate excluded RPA and micro RPA;

 (ii) a remote pilot licence.

Penalty: 50 penalty units.

General exception—excluded RPA operated by child under adult supervision

 (4) Subregulation (1) does not apply to a person under 16 years old (the child) operating an excluded RPA or a micro RPA if:

 (a) when the aircraft is being operated, the child is being supervised by another person (the supervisor); and

 (b) the supervisor is at least 18 years old; and

 (c) the supervisor holds:

 (i) an accreditation authorising the supervisor to operate excluded RPA and micro RPA; or

 (ii) a remote pilot licence.

Note: A defendant bears an evidential burden in relation to the matters in this subregulation—see subsection 13.3(3) of the Criminal Code.

101.374C  Excluded RPA and micro RPA—requirement to produce accreditation or remote pilot licence

General requirement

 (1) A person who operates an excluded RPA or micro RPA must produce an accreditation or licence covered by subregulation (2) that authorises the person to do so, or a copy of such an accreditation or licence, for inspection on a demand made by a person covered by subregulation (3).

Accreditations and licences covered

 (2) The following accreditations and licences are covered by this subregulation:

 (a) an accreditation authorising the operation of excluded RPA and micro RPA;

 (b) a remote pilot licence.

Persons who may demand production of accreditations and licences

 (3) The following persons are covered by this subregulation:

 (a) an authorised person;

 (b) a member or special member of the Australian Federal Police;

 (c) a member of a police force or a police service of a State or Territory.

Offence for failing to comply with demand

 (4) A person (the offender) commits an offence of strict liability if:

 (a) the offender operates an excluded RPA or micro RPA; and

 (b) a person makes a demand of the offender under subregulation (1); and

 (c) the offender fails to comply with the demand.

Penalty: 5 penalty units.

Operation permissible without an accreditation or licence

 (5) Subregulations (1) to (4) do not apply to a person operating an excluded RPA or micro RPA if:

 (a) such operation by the person without an accreditation or licence covered by subregulation (2) of this regulation does not constitute an offence under regulation 101.374B; or

 (b) subregulation (4) applies in relation to such operation.

Supervised operations

 (6) A person who supervises the operation by another person of an excluded RPA or micro RPA must produce an accreditation or licence covered by subregulation (2) for that RPA, or a copy of such accreditation or licence, for inspection on a demand made by a person covered by subregulation (3).

 (7) A person (the supervisor) commits an offence of strict liability if:

 (a) the supervisor supervises the operation by another person of an excluded RPA or micro RPA; and

 (b) the other person is under 16 years old; and

 (c) a person makes a demand of the supervisor under subregulation (6); and

 (d) the supervisor fails to comply with the demand.

Penalty: 5 penalty units.

Division 101.FA.3Grant of accreditation to operate excluded RPA and micro RPA

Note: In addition to the provisions of this Division, Part 11 contains provisions relating to an application for accreditation under this Division.

101.374D  Accreditation—application

  An individual may apply to CASA, in writing, for accreditation authorising the holder to operate excluded RPA and micro RPA.

101.374E  Accreditation—grant

 (1) Subject to regulation 11.055, CASA must give an applicant under regulation 101.374D the accreditation applied for if the applicant is eligible for that accreditation under this regulation.

Note: Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal. See also section 31 of the Act.

 (2) The applicant is eligible for the accreditation mentioned in regulation 101.374D if the applicant:

 (a) is at least 16 years old; and

 (b) has completed an online training course provided by CASA for that accreditation, to the standard required by CASA, in accordance with any conditions for completing the course required by CASA; and

 (c) has achieved a standard required by CASA in an examination (including an online examination) for that accreditation, administered by CASA, in accordance with any conditions for undertaking that examination required by CASA.

 (3) However, the applicant is not eligible for the accreditation:

 (a) if an accreditation formerly held by the applicant has been cancelled within the 12 months before the date of the application; or

 (b) while an accreditation currently held by the applicant is suspended under regulation 101.374H or 101.374J.

 (3A) An applicant may undertake a course or an examination mentioned in subsection (2) only if the applicant is at least 16 years old at that time.

 (4) Two or more persons cannot jointly hold the accreditation.

 (5) The accreditation authorises the holder to operate excluded RPA and micro RPA as stated in the accreditation.

Note: Any conditions imposed on the accreditation under regulation 11.056 must also be set out in, or attached to, the accreditation.

101.374F  Accreditation—conduct of online courses and examinations

 (1) The Part 101 Manual of Standards may prescribe requirements in relation to the following:

 (a) the completion of an online training course under paragraph 101.374E(2)(b) (including conditions relating to cheating in such a course);

 (b) the conduct of an online examination under paragraph 101.374E(2)(c) (including conditions relating to cheating in such an examination);

 (c) the disclosure and use of information or documents which form part of, or are related to, such a training course or examination.

 (2) A person commits an offence if:

 (a) the person completes, or attempts to complete:

 (i) an online training course under paragraph 101.374E(2)(b); or

 (ii) an online examination under paragraph 101.374E(2)(c); and

 (b) the person is subject to a requirement under subregulation (1) of this regulation in relation to completing the course or examination; and

 (c) the person does not comply with the requirement.

Penalty: 50 penalty units.

 (3) A person commits an offence if:

 (a) the person discloses or uses information or a document which forms part of, or is related to:

 (i) an online training course under paragraph 101.374E(2)(b); or

 (ii) an online examination under paragraph 101.374E(2)(c); and

 (b) the person is subject to a requirement under subregulation (1) of this regulation in relation to disclosing or using the information or document; and

 (c) the person does not comply with the requirement.

Penalty: 50 penalty units.

101.374G  Accreditation—cessation

  An accreditation ceases at the start of the earlier of the following days (unless sooner cancelled):

 (a) if the person holding the accreditation is granted a remote pilot licence—the day after the licence is granted;

 (b) the day after the end of the period of 3 years beginning on the day the accreditation comes into effect.

Note 1: For when an accreditation comes into effect, see regulation 11.065.

Note 2: For cancellation, see regulation 101.374J.

101.374H  Notice to accreditation holder to show cause

Show cause notice—cancellation or suspension

 (1) CASA may give a show cause notice to a person who holds an accreditation (the accreditation holder) if there are reasonable grounds for believing that there are facts or circumstances that would justify the suspension or cancellation of the accreditation under regulation 101.374J.

 (2) A show cause notice must:

 (a) tell the accreditation holder of the facts and circumstances that, in CASA’s opinion, would justify the suspension or cancellation of the accreditation; and

 (b) invite the accreditation holder to show in writing, within a reasonable time stated in the notice, why the accreditation should not be suspended or cancelled.

Immediate suspension if serious risk to the safety of air navigation

 (3) The accreditation is suspended from the time the show cause notice is given to the accreditation holder, if:

 (a) CASA reasonably considers that there may be a serious risk to the safety of air navigation if the accreditation were not suspended; and

 (b) the show cause notice states that the accreditation is suspended for that reason.

 (4) CASA may at any time revoke the suspension.

 (5) If the accreditation is suspended under subregulation (3):

 (a) the accreditation holder is taken not to be the holder of an accreditation during the period of suspension; and

 (b) the accreditation is not in force while suspended; and

 (c) the period of the accreditation under paragraph 101.374G(b) continues to run; and

 (d) if CASA has not dealt with the suspension under regulation 101.374J within 90 days after the day the accreditation is suspended, the suspension lapses at the end of that period (if it is not earlier revoked under subregulation (4) of this regulation or subregulation 101.374J(2)).

Note: Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal.

101.374J  Suspension or cancellation of accreditation

Suspension or cancellation of accreditation

 (1) CASA may suspend or cancel an accreditation by written notice to the accreditation holder, if:

 (a) CASA has given the accreditation holder a show cause notice under regulation 101.374H; and

 (b) CASA has taken into account any representations made, within the period stated in the notice, by or on behalf of the accreditation holder; and

 (c) there are reasonable grounds for believing that the accreditation holder:

 (i) has operated an RPA in contravention of these Regulations, an instrument under these Regulations or a condition of the accreditation; or

 (ii) has operated an RPA negligently or carelessly; or

 (iii) in operating an RPA, has recklessly endangered human life or property; or

 (iv) at the time the accreditation was given did not meet, or now no longer meets, the criteria for eligibility under regulation 11.055 as they applied at the time the accreditation was given.

Note: For subparagraph (iv), in determining whether the criteria for eligibility were or are met, CASA may take into account the matters mentioned in subregulation 11.055(4).

Notice of decision

 (2) If CASA has given a show cause notice under regulation 101.374H to an accreditation holder:

 (a) in the event that CASA decides to suspend or cancel the accreditation—CASA must give the accreditation holder notice of the decision, including (in the case of a decision to suspend the accreditation) notice of the period of suspension; and

 (b) in the event that CASA decides not to suspend or cancel the accreditation—CASA must, in writing:

 (i) give the accreditation holder notice accordingly; and

 (ii) if the accreditation was suspended under subregulation 101.374H(3)—revoke the suspension.

Effect of suspension

 (3) If an accreditation is suspended under this regulation:

 (a) the accreditation holder is taken not to be the holder of an accreditation during the period of suspension; and

 (b) the accreditation is not in force during the period of suspension stated in the notice under paragraph (2)(a); and

 (c) the period of the accreditation under paragraph 101.374G(b) continues to run.

Note 1: CASA may also impose a condition on the accreditation, or vary a condition of the accreditation—see regulation 11.067.

Note 2: Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal.

Subpart 101.GModel aircraft

 

101.375  Applicability of this Subpart

  This Subpart applies to the operation of model aircraft weighing more than 250 g (except operation mentioned in paragraph 101.005(3)(a) or (b)).

Note 1: For model aircraft, see regulation 101.023.

Note 2: This Subpart does not apply to:

(a) a controlline 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.

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 101.024.

 (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 rocketpowered 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(7).

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 newtonseconds 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 rocketpowered or rocketassisted 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 newtonseconds 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  Rockets other than model rockets must be launched in approved area

 (1) A person may launch a rocket that is not a model rocket, or permit such a rocket to be launched, only in an approved area.

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(7).

 (2) A person may launch a rocket that is not a model rocket, or permit such a 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(7).

 (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 recreation aircraft

 

Table of contents

Subpart 103.A—Preliminary

103.005 Application of Part 103

103.010 Other key definitions for Part 103

103.015 Issue of Manual of Standards for Part 103

103.020 Approvals by CASA for Part 103

Subpart 103.B—Aircraft listing, certification and markings

103.025 Listing with a Part 103 ASAO

103.030 Flying without a certificate of airworthiness—airworthiness standards for certain kinds of Part 103 aircraft

103.035 Display of markings—aircraft other than sailplanes

Subpart 103.C—General obligations

103.040 Requirements for undertaking Part 103 activities

Subpart 103.D—Operational procedures

103.045 Minimum height rules—other than over populous areas or public gatherings

103.050 Safety when aircraft operating on ground

103.055 Carriage of passengers

103.060 Carriage and restraint of persons

103.065 Carriage of cargo

103.070 Simulating IMC flying

103.075 Training flight limitations etc.

103.080 Consumption or provision of alcohol

103.085 Additional requirements in relation to Part 103 activities

Subpart 103.K—Equipment

103.090 Requirements relating to equipment