Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.245

  (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 .