(1) A flight instructor commits an offence if:
(a) the instructor approves a person to pilot an aircraft as a student pilot; and
(b) the approval is to pilot the aircraft in a way that is not authorised by the following provisions:
(i) paragraph 61.112(1)(c) or (2)(c) (Flying as a student pilot);
(ii) regulation 61.113 (General requirements for student pilots);
(iii) regulation 61.114 (Solo flights--medical certificate requirements for student pilots);
(iv) regulation 61.115 (Solo flights--recent experience requirements for student pilots).
(2) A flight instructor commits an offence if:
(a) the instructor approves a person (the student ) to conduct a solo flight as a student pilot; and
(b) the instructor is not satisfied that the student:
(i) has been briefed appropriately for the flight; and
(ii) is capable of conducting the flight safely; and
(iii) meets the requirement mentioned in subregulation (3).
(3) For subparagraph (2)(b)(iii), the requirement is that:
(a) the student has been assessed by CASA or an examiner as meeting the general English language proficiency standard mentioned in the Part 61 Manual of Standards; or
(b) the student has completed an approved course of training in English language proficiency.
(4) A flight instructor commits an offence if:
(a) the instructor approves a person (the student ) to conduct a solo flight of a kind mentioned in subregulation (5) as a student pilot for the first time; and
(b) the instructor is not satisfied that the student:
(i) has completed the training specified by the authorising Part 141 or 142 operator for the conduct of a solo flight of that kind by a student pilot; and
(ii) has been assessed by the Part 141 or 142 operator as competent to conduct the solo flight; and
(c) for a cross - country flight or night flight--the student has not completed at least 2 hours of dual instrument time, 1 hour of which is conducted during dual instrument flight time.
(5) For subregulation (4), the kinds of solo flight are as follows:
(a) a circuit training flight;
(b) a flight between an aerodrome and the flight training area for the aerodrome;
(c) a cross - country flight;
(6) An offence against subregulation (1) is an offence of strict liability.
"authorising Part 141 or 142 operator" , in relation to an instructor
approving a solo flight, means the Part 141 or 142 operator who
authorised the instructor to approve the solo flight.