Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.374C

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.

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