Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) The pilot in command of an aircraft for a flight contravenes this subregulation if:
(a) the aircraft is fitted with, or carries, a radio; and
(b) the aircraft is flown by a pilot who is qualified, eligible or authorised to use the radio:
(i) for an Australian aircraft (other than a Part 103 aircraft or a Part 131 aircraft)--under Part 61 or 64; or
(ii) for a foreign registered aircraft--under a law of the aircraft's State of registry or the State of the operator; or
(iii) for a Part 103 aircraft--by a Part 103 ASAO; or
(iv) for a Part 131 aircraft--by a Part 131 pilot authorisation; and
(c) the aircraft is outside controlled airspace; and
(d) radio transmissions are not continuously monitored by:
(i) the pilot in command of the aircraft for the flight; or
(ii) another pilot who occupies a pilot seat during the flight.
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).