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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.374C

Excluded RPA, micro RPA and model aircraft--requirement to produce accreditation or remote pilot licence

General requirement

             (1)  A person who operates an excluded RPA, micro RPA or model aircraft 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)  for an excluded RPA or a micro RPA:

                              (i)  an accreditation authorising the operation of excluded RPA, micro RPA and model aircraft; or

                             (ii)  a remote pilot licence;

                     (b)  for a model aircraft:

                              (i)  an accreditation authorising the operation of model aircraft; or

                             (ii)  an accreditation authorising the operation of excluded RPA, micro RPA and model aircraft; or

                            (iii)  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, micro RPA or model aircraft; 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, micro RPA or model aircraft 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 101.374B(3) or (4) applies in relation to such operation.

Supervised operations

             (6)  A person who supervises the operation by another person of an excluded RPA, micro RPA or model aircraft must produce an accreditation or licence covered by subregulation (2) for that RPA or model aircraft, 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, micro RPA or model aircraft; 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.



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