Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(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.
Note: This Subpart only applies to the operation of certain RPA: see regulation 101.235.
"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
(4) The person must comply with the direction.
(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
(6) The person must comply with the direction.
(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 .
Note: In addition to the provisions of this Division, Part 11
contains provisions relating to an application for a remote pilot licence.