Commonwealth Consolidated Regulations

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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.

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