ATTACHMENT A
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Civil Aviation Legislation Amendment (Part 101) Regulation 2016
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
This Amendment Regulation (the Regulation) provides new provisions and makes various changes to existing provisions under Part 101 of the Civil Aviation Safety Regulations 1998 (CASR) that relate to remotely piloted aircraft (RPA) systems.
RPA, popularly called 'drones', require a human to control and oversee them, even if that person remains on the ground. They come in a range of sizes and shapes and can be used for diverse purposes such as firefighting, search and rescue, disaster relief, border patrol, weather monitoring, hurricane tracking and law enforcement. RPA have become more prevalent due to advances in technology and their availability to the general public at low cost.
The Regulation updates the terminology in Part 101 of the Civil Aviation Safety Regulations 1998 (CASR) to align it with International Civil Aviation Organization (ICAO) terminology, in particular by replacing the term Unmanned Aerial Vehicle, or UAV, with Remotely Piloted Aircraft, or RPA.
Key outcomes of the Regulation are the introduction of simplified regulatory requirements for lower risk RPA operations (see Regulation 101.237) and allowing for more detailed operational matters to be dealt with in a Manual of Standards (Regulation 101.028), providing greater flexibility and responsiveness in a rapidly evolving area.
More specifically, the Regulation establishes a set of Standard Operating Conditions for RPA (Regulation 101.238), categorisations for RPA according to weight (Items 91, 93 and 97) or in some cases envelope capacity, and introduces the concept of 'excluded RPA' representing RPA operations considered as lower risk, determined by RPA category and operational use (Regulation 101.237). Excluded RPA have reduced regulatory requirements, such as not needing an operator's certificate and a remote pilot licence (Regulations 101.252 to 101.270). This will be useful for simple operations such as real estate photography.
The Regulation permits private landowners to carry out some commercial-like operations on their own land under the 'standard RPA operating conditions' using an RPA up to 25kg without an Unmanned Aircraft Operator's Certificate or a remote pilot licence, provided that none of the parties involved receive direct remuneration. For RPA greater than 25 kg but less than 150 kg the operator needs to hold a remote pilot licence in the category of aircraft being flown. Farmers, for example, may use an RPA to carry out weed surveys and precision spraying in a field or use the aircraft to relay radio communications to workers in inaccessible parts of the property.
The Regulation requires a person operating, or conducting operations using, a very small RPA for hire or reward to notify CASA (Division 101.F.5) rather than being required to obtain an Unmanned Aircraft Operator's Certificate (UOC) and remote pilot licence (RePL).
The Regulation allows CASA to establish and maintain a database of information that relates to these notifications. This can include personal information.
The Regulation inserts new definitions into Part 1 of the CASR Dictionary and adds remote pilots, UOC holders, and people permitted to operate commercially without authorisations to the list of persons in Part 117 of CASR who must respond to CASA's surveys (Item 88). These minor changes do not engage any human rights provisions.
Autonomous flight (an operation during which an unmanned aircraft is operating without pilot intervention in the management of the flight) is prohibited under the amendments until such time as suitable regulations can be developed by CASA. However there is scope for autonomous flight to be approved by CASA on a case-by-case basis in the meantime (Regulation 101.097).
The Regulation broadens the eligibility for a Remote Pilot Licence, by not specifically requiring an Aeronautical Radio Operator's Certificate, enabling the holder of an equivalent qualification to meet the required standards in respect of radio communications. This will facilitate the operation of very small RPA below a height of 400 feet in controlled airspace and enable people who hold other equivalent radio qualifications to qualify more easily for a remote pilot licence.
The Regulation also creates a series of new offences, including offences relating to the environment in which an RPA can be operated, failure to hold the appropriate remote pilot licence or Unmanned Operator Certificate, record keeping, compliance with agreed policy and procedures and failing to notify CASA of changes in operation or circumstance.
The Regulation also makes various minor and machinery amendments to the Civil Aviation (Fees) Regulations 1995, the Civil Aviation Regulations 1988 (CAR) and the Transport Safety Investigation (Voluntary and Confidential Reporting Scheme) Regulation 2012 (REPCON) of a technical nature that do not engage any human rights. These amendments are to update terminology to ensure consistency with the CASR.
Human rights implications
The Regulation engages the following rights:
* Fair trial rights in Article 14 of the International Covenant on Civil and Political Rights (ICCPR) including the right to presumption of innocence in Article 14(2);
* The right to work in Article 6(1) of the International Covenant on Economic, Social and Cultural Rights (ICESCR);
* The right to equality and non-discrimination (Article 26 of the ICCPR) and the rights of people with a disability under the Convention on the Rights of Persons with Disabilities; and
* The right to protection against arbitrary and unlawful interferences with privacy (Article 17 of the ICCPR).
Presumption of Innocence
Article 14 of the ICCPR provides that in the determination of a criminal charge, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. Further, in criminal proceedings, people are entitled to a range of protections including minimum guarantees as set out in Article 14(3) and following of the ICCPR.
The presumption of innocence in Article 14(2) imposes on the prosecution the burden of proving the charge and guarantees that no guilt can be presumed until the charge has been proven beyond reasonable doubt. The right to be presumed innocent will be engaged where strict liability applies.
There are 11 strict liability offence provisions in this legislative instrument:
* Regulation 101.072 - operating an unmanned aircraft in controlled airspace and does not comply with the requirements in the MOS.
* Regulation 101.073 - operating an unmanned aircraft beyond their visual line of sight.
* Regulation 101.097 - causing an autonomous aircraft to be launched or released
* Regulation 101.247 - operating an RPA in a prescribed area not in accordance with a requirement in the MOS.
* Regulation 101.252 - operating an RPA without a remote pilot licence that authorises the person to operate that RPA.
* Regulation 101.270 - conducting non-excluded operations using RPA without holding a certificate as an RPA operator.
* Regulation 101.272 - not complying with a requirement under subregulation 101.272(1) to keep records and give information to CASA as set out in the Part 101 MOS.
* Regulation 101.300 - failure to comply with conditions of a remote pilot licence.
* Regulation 101.370 - not complying with the operator's documented practices and procedures.
* Regulation 101.371 - operating a very small RPA for hire or reward without notifying CASA at least 5 business days before the first operation, unless they hold an UOC.
* Regulation 101.373 - failing to notify CASA of a change, event or matter of a kind set out in the Part 101 Manual of Standards within 21 business days.
To the extent the imposition of strict liability offences in the amendments limits the right to be presumed innocent, this limitation is necessary to ensure that RPA are operated in a safe manner and that operators and pilots of RPA are suitably qualified and authorised. The strict liability offences in the Regulation are considered justified and therefore not inconsistent with the presumption of innocence, in that they are regulatory in nature, meaning that there is an expectation that individuals who participate in the aviation sector have accepted certain conditions, particularly where activities carry public safety risks. The deterrence effect of the strict liability offences also contributes significantly to maintaining the integrity of the aviation safety system.
This limitation is reasonable considering the dangers posed by RPA operations that share airspace with conventionally-piloted aircraft and fly over people and property on the ground. The strict liability offences are also proportionate in that they fall at the lower end of the scale being set at 50 penalty units (currently around $9000).
These amendments are consistent with the right to presumption of innocence because they are aimed at the legitimate objective of ensuring safety of air navigation in Australia and its territories, and the safety and integrity of the aviation industry and the public. Further, these amendments are reasonable, necessary and proportionate in achieving this objective.
Right to work
The right to work includes the right of everyone to the opportunity to gain his or her living by work which he or she freely chooses or accepts.
This right is engaged by provisions that prescribe the training requirements and operating conditions, set out in the Part 101 MOS, an individual or organisation needs to meet to operate a non-excluded RPA.
Provisions that prescribe training requirements may have the effect of limiting the right to work by restricting the ability to pursue work unless specified competency, qualification and training standards are met. This limitation is necessary and reasonable to ensure that people who fly or operate RPA meet the standards necessary for the continued safety and integrity of the aviation system. Evidence an individual is deemed competent and therefore suitably qualified to carry out specific RPA operations is demonstrated through successful completion of designated theory and practical training competency units (relevant to the flying task) contained within MOS.
The successful training outcome is then reported to CASA to issue or endorse an individual's licence or UOC.
These provisions further align the Australian training and licensing system for RPA with the International Civil Aviation Organization's (ICAO) recommended practice of competency-based training. It is also proportionate to the objective of ensuring the safety of the aviation industry. It adequately balances the rights of RPA pilots and operators to work with the rights of other airspace users, aircraft passengers and the public to life and to health.
Further, there are transitional provisions to ensure that all currently authorised pilots and operators will remain so when the new regulations commence. The amendments also provide for a person who is not a qualified RPA pilot performing a duty that is essential to the operation of the aircraft during flight time to be taken to hold a civil aviation authorisation.
Provisions that allow people to operate very small RPA to be operated for hire or reward without CASA authorisations and for some larger aircraft to be used by landowners with limited conditions also promote the right to work.
These amendments are consistent with the right to work by promoting the right, and by limiting it only where such limitations are necessary, reasonable and proportionate to the legitimate objective of maintaining aviation safety standards.
Right to equality and non-discrimination and rights of people with a disability
The right to equality and non-discrimination ensures that all persons are entitled without any discrimination to the equal protection of the law and guaranteed equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. The Convention on the Rights of Persons with Disabilities recognises the barriers that people with a disability may face in realising their rights. However, different treatment may not amount to prohibited discrimination if the criteria for the differentiation are reasonable and objective and if the aim is to achieve a purpose which is legitimate under the ICCPR.
These rights are engaged by the provision that prescribes that a person must fly RPA within visual line of sight. Visually impaired people are likely to be limited in their ability to fly RPA by this provision. However, the safety of individuals such as pilots and passengers (if carried) of conventionally-piloted aircraft and people and property on the ground would otherwise be compromised. Notwithstanding this, visually impaired people are not prohibited from flying RPA, provided they are authorised and comply with conditions imposed by CASA in the interests of aviation safety.
This provision is also proportionate to the objective of ensuring the safety of the aviation industry. It adequately balances the rights of visually-impaired RPA pilots to work while protecting the rights of other airspace users, aircraft passengers and the public to life and to health.
The amended regulations are outcome-based, that is there are no minimum medical standards proposed that would restrict the participation of people of differing abilities where they can demonstrate safe operation of the aircraft in accordance with the requirements in the regulations and manual of standards.
Right to protection against arbitrary and unlawful interferences with privacy
The right to protection against arbitrary and unlawful interferences with privacy ensures no one shall be subjected to arbitrary or unlawful interference with their privacy, family, home or correspondence, nor to unlawful attacks on their honour and reputation. The right to privacy may be engaged when personal information is collected, used and stored - for example.
Item 82 of the amendments which includes a provision for CASA to collect information, some of a personal nature, and to maintain and publish a database of some of that information. The collection of personal information relates to the need for CASA to identify operators of aircraft within the aviation system to ensure compliance with the regulations and, consequently, the integrity of the air navigation system within Australia.
This Item engages the right to protection against arbitrary and unlawful interferences by privacy. Any information collected with be collected under law and will not be arbitrary; that is, it relates only to the RPA to be operated and the identity and contact details of the person operating the aircraft. No extraneous information is to be collected. This is a reasonable, necessary and proportionate requirement to protect the rights of other airspace users, passengers and the public.
Personal information in the database will not be published. Moreover, CASA is committed under its Privacy Policy to respecting a person's privacy and protection of any personal information in its possession and is bound by the Privacy Act 1988. CASA holds personal information in a range of paper-based and electronic records and takes reasonable steps to protect the personal information it holds against misuse, interference, loss and from unauthorised access, modification or disclosure.
Conclusion
This Legislative Instrument is compatible with human rights and to the extent that it may also limit human rights, those limitations are reasonable, necessary and proportionate in order to ensure the safety of aviation operations and to promote the integrity of the aviation safety system.
ATTACHMENT B
Details of the Civil Aviation Legislation Amendment (Part 101) Regulation 2016
Section 1 - Name of Regulation
This section provides that the title of the Amendment Regulation is the Civil Aviation Legislation Amendment (Part 101) Regulation 2016.
Section 2 - Commencement
This section provides for the Amendment Regulation to commence six months after the date of making.
Section 3 - Authority
This section provides that the Civil Aviation Legislation Amendment (Part 101) Regulation 2016 is made under the Civil Aviation Act 1988 and Transport Safety Investigation Act 2003.
Section 4 - Schedule(s)
This section provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1 - Amendments
Civil Aviation (Fees) Regulations 1995
Item [1] - Part 17 of Schedule 1 (table item 17.4)
Table item 17.4 in Part 17 of Schedule 1 omits 'UAV' and substitutes 'RPA' to align the terminology with the terminology used in Part 101 of CASR.
Item [2] - Part 17 of Schedule 1 (table item 17.5)
Table item 17.5 in Part 17 of Schedule 1 omits 'Certification of a person as a UAV controller' and substitutes 'Grant of a remote pilot licence' to align the terminology with the terminology used in Part 101 of CASR.
Item [3] - Part 17 of Schedule 1 (table item 17.6)
Table item 17.6 in Part 17 of Schedule 1 omits 'a UAV' and substitutes 'an RPA' to align the terminology with the terminology used in Part 101 of CASR.
Civil Aviation Regulations 1988
Item [4] - Paragraph 206(1)(a)
Paragraph 206(1)(a) is amended to omit 'a UAV' and substitute 'an RPA' to align the terminology with the terminology used in Part 101 of CASR.
Civil Aviation Safety Regulations 1998
Item [5] - Paragraph 47.015(1)(i)
Paragraph 47.015(1)(i) is amended to remove the reference to 'a UAV other than a large UAV' from the list of aircraft that do not require registration and to include medium, small, very small and micro RPAs.
Item [6] - After regulation 101.025
New regulation 101.028 titled 'Issue of Manual of Standards for Part 101', and new regulation 101.029 titled 'Approvals for Part 101', are inserted after regulation 101.025.
Regulation 101.028 provides a head of power for the issue of a Part 101 Manual of Standards, which includes information to give effect to the regulations.
Regulation 101.029 - Approvals for Part 101
Subregulation 101.029(1) provides for people to apply to CASA for approval for things such as operating beyond visual line of sight, to operate an autonomous unmanned aircraft or fly more than one RPA simultaneously.
Subregulation 101.029(2) provides that CASA must grant an approval if the specified requirements are met, namely the requirements specified in the Part 101 Manual of Standards.
Item [7] - After Subpart 101.A
New Subpart 101.AB of CASR, inclusive of regulations 101.047 and 101.048, is inserted after Subpart 101.A. This new Subpart provides for authorisations for section 20AB of the Act.
Regulation 101.047 - Performance of duties during flight time--balloons, kites and model aircraft
Subregulation 101.047(1) provides that this regulation applies to the operation of balloons, kites and model aircraft only.
Subregulation 101.047(2) provides, for paragraph 20AB(1)(a) of the Act, a general authorisation for people operating, or supporting the operation of, balloons, kites or model aircraft.
Regulation 101.048 - Performance of duties during flight time--remotely piloted aircraft
Subregulation 101.048(1) provides a general authorisation for a person supporting the operation of an excluded RPA.
Subregulation 101.048(2) provides a general authorisation for a person supporting the operation of an RPA.
Subregulation 101.048(3) provides that subregulation 101.048(2) does not apply to an excluded RPA or to the person operating an RPA.
Item [8] - Subregulation 101.065(1) (note)
The note after subregulation 101.065 is amended to simplify the reference to prohibited and restricted areas.
Item [9] - Subregulation 101.065(2) (paragraph (a) of the definition of authority controlling the area)
The definition of 'authority controlling the area' is amended to correct the reference from the 'Secretary to the Department of Defence' to the 'Secretary of the Department administered by the Minister administering section 1 of the Defence Act 1903'.
Item [10] - Regulation 101.070 (heading)
The heading of regulation 101.070 is amended to reflect the applicability of the regulation to controlled airspace above 400 feet AGL (above ground level) only.
Item [11] - After regulation 101.070
New regulations 101.072 and 101.073 are inserted after regulation 101.070.
Regulation 101.072 - Operation in controlled airspace--requirements prescribed by the Part 101 Manual of Standards
Subregulation 101.072(1) allows CASA to publish requirements for unmanned aircraft operations in controlled airspace in the Part 101 Manual of Standards.
Subregulation 101.072(2) provides an offence of strict liability for a person who operates an unmanned aircraft in controlled airspace and does not comply with the requirements in the Part 101 Manual of Standards. The penalty for the offence is set at 50 penalty units.
Regulation 101.073 - Operation must generally be within visual line of sight
Subregulation 101.073(1) provides that a person commits an offence of strict liability if they operate an unmanned aircraft beyond their visual line of sight. The penalty for the offence is set at 50 penalty units.
Subregulation 101.073(2) provides an exception to subregulation 101.073(1) if the person holds and complies with an approval issued under regulation 101.029. The regulation also notes that the defendant bears an evidential burden in relation to this exception.
Subregulation 101.073(3) provides that an aircraft is operated within the visual line of sight if the operator can continually see, orient and navigate the aircraft to meet the person's separation and collision avoidance responsibilities.
Item [12] - Subregulation 101.080(2) (table 101.080, item 1, paragraph (a))
Table 101.080 in subregulation 101.080(2) is amended to replace 'address' at all instances with 'address, email address'.
Item [13] - Subregulation 101.085(1)
Subregulation 101.085(1) is amended to omit 'at' to correct a typographical error.
Item [14] - After Subregulation 101.095(1)
New subregulation 101.095(1A) provides that a person may operate an unmanned aircraft in or into cloud, at night or in conditions other than visual meteorological conditions, if approved by CASA.
Item [15] - At the end of Subpart 101.C
New regulation 101.097 is inserted at the end of Subpart 101.C.
Regulation 101.097 - Autonomous aircraft--launch or release without approval prohibited
Subregulation 101.097(1) provides that this regulation applies to autonomous aircraft that do not allow pilot intervention during all stages of the flight of the aircraft, but not kites, balloons or model aircraft.
Subregulation 101.097(2) provides that a person commits an offence of strict liability if they cause an autonomous aircraft to be launched or released. The penalty for the offence is set at 50 penalty units.
Subregulation 101.097(3) provides that subregulation 101.097(2) does not apply if a person holds and complies with an approval, issued by CASA, to launch or release the autonomous aircraft.
Item [16] - Subregulation 101.110(2) (table 101.110, item 1)
Item1 of table 101.110 is amended to omit 'address' at all instances and insert 'address, email address'.
Item [17] - Subregulation 101.155(3) (table 101.155-2, item 1)
Item 1 of table 101.155-2 is amended to omit 'address' at all instances and insert 'address, email address'.
Item [18] - Subregulation 101.160(2) (table 101.160, item 1)
Item 1 of table 101.160 is amended to omit 'address' at all instances and insert 'address, email address'.
Item [19] - Subregulation 101.165(2) (table 101.165, item 1)
Item 1 of table 101.165 is amended to omit 'address' at all instances and insert 'address, email address'.
Item [20] - Subpart 101.F (heading)
The heading of Subpart 101.F is replaced with 'Subpart 101.F--Remotely piloted aircraft'.
Item [21] - Regulations 101.235 and 101.240
Regulations 101.235 and 101.240 are repealed and replaced with regulations 101.235 to 101.238.
Regulation 101.235 - Application of Subpart 101.F
Subregulation 101.235(1) provides that Subpart 101.F applies to very small, small and medium RPA, other than for sport and recreation, and also applies to large RPA.
Regulation 101.236 provides the definition of 'approved area' for this Subpart. This regulation also notes that CASA must publish details of the approval of an area.
Regulation 101.237 - Meaning of excluded RPA
Subregulation 101.237(1) provides that this regulation sets out what is to be considered an excluded RPA. Excluded RPA, categorised according to size and nature of operations, are generally be required to operate within standard RPA operating conditions.
Subregulation 101.237(2) provides that a micro RPA be an excluded RPA.
Subregulation 101.237(3) provides that a very small RPA is an excluded RPA if it is operated for the purpose of sport or recreation or in standard RPA operating conditions.
Subregulation 101.237(4) provides that a small RPA is an excluded RPA if it is operated in a limited way by the owner of the aircraft on his or her own land. This includes an alleviation for landholders to operate certain RPA, with conditions, that reflect the privileges available to owners of conventionally-piloted aircraft, such as the requirement to hold an operator's certificate or a remote pilot licence.
Subregulation 101.237(5) provides that a small RPA, or a medium RPA, is an excluded RPA if it is being operated for the purpose of sport or recreation.
Subregulation 101.237(6) provides that a small RPA, or a medium RPA, is an excluded RPA if it is being operated in standard RPA operating conditions for the purpose of gaining experience and competency in the operation of the RPA.
Subregulation 101.237(7) provides that a medium RPA is an excluded RPA if it is being operated in a limited way by the owner of the aircraft on his or her own land. This includes an alleviation for landholders to operate certain RPA, with conditions, that reflect the privileges available to owners of conventionally-piloted aircraft, such as the requirement to hold an operator's certificate.
Subregulation 101.237(8) provides that an RPA is an excluded RPA if it is being operated by a person for the person receiving training from an authorised operator in accordance with the operator's documented training procedures.
Regulation 101.238 provides the definition of 'standard RPA operating conditions' that is applicable to certain kinds of low risk operations.
Item [22] - Division 101.F.2 (heading)
The heading of Division 101.F.2 is repealed and replaced with 'Division 101.F.2--Operation of RPA generally' to bring the terminology into line with other updates.
Item [23] - Subregulation 101.245(1)
Subregulation 101.245(1) is amended to insert '(the second person)' after 'of a person', to remove the logical contradiction that people cannot operate an RPA within 30 metres of themselves.
Item [24] - Subregulations 101.245(2) and (3)
Subregulations 101.245(2) and (3) are repealed and replaced with new subregulations 101.245(2), (3) and (4).
Subregulation 101.245(2) provides that subregulation 101.245(1) does not apply to a second person standing behind the RPA while it is taking off.
Subregulation 101.245(3) provides that, for medium RPA and smaller, subregulation 101.245(1) does not apply if the second person has consented for the RPA to be flown within 30 metres, provided it is not flown closer than 15 metres to the second person.
Subregulation 101.245(4) provides that for a remotely piloted airship, subregulation 101.245(1) does not apply if the airship remains 10 metres horizontally and 30 feet vertically from the second person.
Subregulation 101.245(5) provides that a person may operate an RPA within 30 metres of someone who is not directly associated with the operation of the RPA if approved by CASA.
Item [25] - After regulation 101.245
New regulation 101.247 is inserted after regulation 101.245.
101.247 - Operations in prescribed areas--requirements prescribed by the Part 101 Manual of Standards
Subregulation 101.247(1) provides that the Part 101 Manual of Standards may prescribe areas and requirements for operations (such as research and training) in prescribed areas.
Subregulation 101.247(2) provides that a person commits an offence of strict liability if they operate an RPA in a prescribed area not in accordance with a requirement in the Part 101 Manual of Standards. The penalty for the offence is set at 50 penalty units.
Item [26] - Regulation 101.250 (heading)
The heading of regulation 101.250 is amended to take into account new terminology and RPA definitions.
Item [27] - Subregulation 101.250(1)
Subregulation 101.250(1) is amended to replace 'small UAV' with 'very small RPA, a small RPA or a medium RPA' to take into account new terminology and RPA definitions.
Item [28] - Subregulation 101.250(1) (note 1)
Note 1 in Subregulation 101.250(1) is repealed.
Item [29] - Subregulation 101.250(1) (note 3)
Note 3 to subregulation 101.250(1) is amended to reflect that Subpart 101.F only applies to the RPA specified in regulation 101.235.
Item [30] - After regulation 101.250
New regulation 101.252 is inserted after regulation 101.250.
Regulation 101.252 - Certain RPA--requirement for remote pilot licence
Subregulation 101.252(1) provides that this regulation does not apply to operation of an excluded RPA, thereby reducing the regulatory requirements for certain low risk operations involving excluded RPA.
Subregulation 101.252(2) provides that a person commits an offence of strict liability if they operate an RPA without a remote pilot licence that authorises the person to operate that RPA. The penalty for the offence is set at 50 penalty units.
Item [31] - Regulation 101.255 (heading)
The heading of regulation 101.255 is replaced with 'Large RPA--requirement for certificate' to align terminology with the terminology used in Part 101 of CASR.
Item [32] - Regulation 101.260 (heading)
The heading of regulation 101.260 is replaced with 'Maintenance of large RPA' to align terminology with the terminology used in Part 101 of CASR.
Item [33] - Regulation 101.265 (heading)
The heading of regulation 101.265 is replaced with 'Large RPA--Persons permitted to carry out maintenance' to align terminology with the terminology used in Part 101 of CASR.
Item [34] - Subregulations 101.265(1) and (2)
Subregulations 101.265(1) and (2) are repealed as maintenance regulations will form a future Subpart 101.M of CASR.
Item [35] - Paragraph 101.265(3)(a)
Paragraph 101.265(3)(a) is amended to substitute 'large RPA' for 'large UAV' to align terminology with the terminology used in Part 101 of CASR.
Item [36] - Paragraph 101.265(3)(b) and (c)
Paragraphs 101.265(3)(b) and (c) have substituted 'an RPA' for 'a UAV' to align terminology with the terminology used in Part 101 of CASR.
Item [37] - Regulation 101.270
Regulation 101.270 is replaced, and new regulation 101.272 is inserted after regulation 101.270.
Regulation 101.270 - Certain RPA--requirement for RPA operator's certificate
Subregulation 101.270(1) provides that the regulation does not apply to operation of an excluded RPA (that is, certain low risk operations).
Subregulation 101.270(2) provides that a person commits an offence of strict liability if they conduct non-excluded operations using RPA without holding a certificate as an RPA operator. The penalty for the offence is set at 50 penalty units.
Regulation 101.272 - Certain RPA--requirement to keep records or give information to CASA
Subregulation 101.272(1) provides that a person who operates or plans to operate RPA may be required to keep records and give information to CASA as set out in the Part 101 Manual of Standards.
Subregulation 101.272(2) provides that a person commits an offence of strict liability if they do not comply with a requirement under subregulation 101.272(1). The penalty for the offence is set at 50 penalty units.
Item [38] - Regulation 101.275 (heading)
The heading of regulation 101.275 is replaced with 'Approval of operation of large RPA' to align terminology with the terminology used in Part 101 of CASR.
Item [39] - Regulation 101.280 (heading)
The heading of regulation 101.280 is replaced with 'RPA not to be operated over populous areas' to align terminology with the terminology used in Part 101 of CASR.
Item [40] - Subregulation 101.280(1)
The definition of 'certificated RPA' is inserted into subregulation 101.280(1) to align terminology with the terminology used in Part 101 of CASR.
Item [41] - Subregulation 101.280(1) (definition of certificated UAV)
The definition of 'certificated UAV' is repealed from subregulation 101.280(1).
Item [42] - Subregulation 101.280(2) (note 2)
A grammatical correction is made to the note.
Item [43] - Subregulation 101.285(1)
Subregulation 101.285(1) is amended to allow operators of very small RPA to operate in controlled airspace without a radio operator qualification or the need to maintain a listening watch or to make broadcasts.
Item [44] - Paragraph 101.285(1)(a)
Paragraph 101.285(1)(a) is amended to replace 'an aeronautical radio operator certificate' with 'a relevant qualification' to provide for different types of radio qualifications to be accepted in place of an aeronautical radio operator certificate.
Item [45] - Subregulation 101.285(1) (note)
The note is repealed as this information is already at 101.235(1).
Item [46] - Subregulation 101.285(2)
Subregulation 101.285(2) is amended to correct a referencing error in the subregulation.
Item [47] - Subregulation 101.285(2)
A definition for 'relevant qualification' is inserted in subregulation 101.285(2), effectively providing a list of qualifications that are acceptable in place of an aeronautical radio operator certificate.
Item [48] - Paragraphs 101.285(3)(a) and (5)(a)
The term 'an aeronautical radio operator certificate' is replaced with 'relevant qualification' in paragraphs 101.285(3)(a) and 101.285(5)(a).
Item [49] - Division 101.F.3 (heading)
The heading of Division 101.F.3 is replaced with 'Division 101.F.3--Remote pilot licences' to align terminology with the terminology used in Part 101 of CASR.
Item [50] - Regulation 101.290 (heading)
The heading, but not the associated note, of regulation 101.290 is replaced with 'Application for remote pilot licence' to align terminology with the terminology used in Part 101 of CASR.
Item [51] - Subregulation 101.290(1A)
Subregulation 101.290(1A) is replaced with a subregulation that adopts the terminology used in Part 101 of CASR.
Item [52] - After paragraph 101.290(1)(a)
New paragraph 101.290(1)(a) is inserted to recognise any equivalent military qualifications that an applicant for a remote pilot licence may hold.
Item [53] - Paragraph 101.290(1)(c)
Paragraph 101.290(1)(c) is repealed and replaced with a new paragraph that permits an applicant for a remote pilot licence to provide information about any examination passes they have under Part 61 of CASR, or certain other examination passes obtained prior to the implementation of Part 61 of CASR, which are not included in any licence they hold.
Item [54] - Regulation 101.295 (heading)
The heading of regulation 101.295 is replaced with 'Eligibility for remote pilot licence' to align terminology with the terminology used in Part 101 of CASR.
Item [55] - Paragraphs 101.295(2)(a) to (e)
Paragraphs 101.295(2)(a) to (e) are repealed and replaced with paragraphs 101.295(2)(a) to (c), to replace the knowledge, practical and experience requirements to qualify for certification as a UAV controller with a new set of requirements to qualify for a remote pilot licence.
Item [56] - Paragraph 101.295(3)(a)
Paragraph 101.295(3)(a) is amended to remove the requirement for an applicant to hold, or have held, an instrument rating to be recognised as meeting the requirements for a remote pilot licence.
Item [57] - Paragraph 101.295(3)(b)
Paragraph 101.295(3)(b) is amended to remove the requirement for a person with military qualifications to hold or have held a rating on their flight crew licence to satisfy the requirements for a remote pilot licence.
Item [58] - Subregulation 101.295(3)
Subregulation 101.295(3) is amended to correct a consequential referencing error within the subregulation.
Item [59] - Regulation 101.300 (heading)
The heading of regulation 101.300 is replaced with 'Conditions on remote pilot licences' to align terminology with the terminology used in Part 101 of CASR.
Item [60] - Subregulation 101.300(3)
Subregulation 101.300(3) is repealed and replaced with new subregulations 101.300(3) to (6) that set out certain conditions of a remote pilot licence.
Subregulation 101.300(3) provides a new list of qualifications that allow a remote pilot to operate within controlled airspace above 400 ft AGL (above ground level) or within 3 nautical miles of a controlled aerodrome.
Subregulation 101.300(4) provides the list of acceptable examination passes and certifications that meet the requirements under which a remote pilot may be authorised to conduct beyond visual line of sight operations and the requirement to hold an RPA Operator's Certificate or be employed by someone who holds an RPA Operator's Certificate and is authorised by CASA to operate beyond visual line of sight.
Subregulation 101.300(5) prohibits the operation of more than one RPA simultaneously by a single pilot unless they hold and comply with the conditions of a relevant CASA approval.
Subregulation 101.300(6) provides that contravention of subregulation 101.300(3), (4) or (5) is an offence of strict liability. The penalty for an offence is set at 50 penalty units.
Item [61] - Regulation 101.315 (heading)
The heading of regulation 101.315 is replaced with 'Notice to holder of remote pilot licence to show cause' to align with the terminology used in Part 101 of CASR.
Item [62] - Regulation 101.320 (heading)
The heading of regulation 101.320 is replaced with 'Cancellation of remote pilot licence' to align with the terminology used in Part 101 of CASR.
Item [63] - Subregulation 101.320(2)
The term 'approval' is replaced with 'licence' to align with the terminology used in Part 101 of CASR.
Item [64] - Division 101.F.4 (heading)
The heading is replaced with 'Division 101.F.4--Certification of RPA operators' to align with the terminology used in Part 101 of CASR.
Item [65] - Regulation 101.330 (heading)
The heading is replaced with 'Application for certification as RPA operator' to align with the terminology used in Part 101 of CASR.
Item [66] - At the end of subregulation 101.330(1)
Paragraph 101.330(1)(c) is inserted to provide that an applicant for a Unmanned Aircraft Systems Operator's Certificate (UOC) who wishes to conduct training for remote pilot licences is required to submit details of the proposed training to CASA.
Item [67] - Regulation 101.335 (heading)
The heading is replaced with 'Eligibility for certification as RPA operator' to align with the terminology used in Part 101 of CASR.
Item [68] - Paragraphs 101.335(1)(d) and (e)
Paragraphs 101.335(1)(d) and (e) are repealed and replaced with a new paragraph 101.335(1)(d), which replaces certain previous requirements with the requirement that an operator must have suitable written practices and procedures, including those for maintenance of the operator's RPA systems, to qualify for a UOC.
Item [69] - Paragraph 101.340(1)(a)
The paragraph is replaced to align terminology and to reference the functions and duties of the chief remote pilot as set out in regulation 101.342.
Item [70] - Subparagraph 101.340(1)(c)(i)
The reference to the location of the functions and duties of the maintenance controller is amended as a consequence of the change to regulation 101.340(1)(a).
Item [71] - At the end of subregulation 101.340(1)
New paragraph 101.340(1)(e) is inserted to include a condition that holders of a UOC comply with their documented practices and procedures.
Item [72] - Subregulation 101.340(2)
Subregulation 101.340(2) is repealed to remove the requirement that chief remote pilots carry out their duties and functions on a full-time basis if the organisation operates more than one RPA.
Item [73] - At the end of subregulation 101.340(4)
New paragraph 101.340(4)(e) is inserted to provide for the power to limit the number of RPAs an operator may operate to that specified in their UOC.
Item [74] - After regulation 101.340
New regulation 101.342 is inserted.
Regulation 101.342 incorporates the functions and duties of the chief remote pilot into the regulations. These were previously published in Advisory Circular 101-1.
Item [75] - Regulation 101.360 (heading)
The heading is replaced with 'Notice to certified RPA operator to show cause' to align with the terminology used in Part 101 of CASR.
Item [76] - Paragraph 101.360(2)(a)
An incorrect reference to regulation 101.30 is corrected by substitution with reference to regulation 101.365.
Item [77] - Subregulation 101.360(6)
An incorrect reference to regulation 101.30 is corrected by substitution with reference to regulation 101.365.
Item [78] - Regulation 101.365 (heading)
The heading is replaced with ' Cancellation of RPA operator's certification' to align with the terminology used in Part 101 of CASR.
Item [79] - Paragraph 101.365(1)(a)
An incorrect reference to regulation 101.315 is corrected by substitution with reference to regulation 101.360.
Item [80] - Subparagraphs 101.365(1)(c)(ii) and (iii)
The term 'an employee of ' is replaced with 'a person engaged or employed by' to ensure that anyone operating or carrying out operations on behalf of a UOC holder is treated as if they were an employee for the purposes of these regulations.
Item [81] - Subregulation 101.365(2)
An incorrect reference to regulation 101.315 is corrected by substitution with reference to regulation 101.360.
Item [82] - At the end of Subpart 101.F
New regulation 101.370 and new Division 101.F.5, inclusive of regulations 101.371 to 101.374, is inserted.
Regulation 101.370 provides that a person commits an offence of strict liability if they are a member of the operator's personnel and they do not comply with the operator's documented practices and procedures. The penalty for the offence is set at 50 penalty units.
Division 101.F.5--Operation of very small RPA for hire or reward
This Division inserts new regulations 101.371 to 101.374A that provide for the operation of very small RPA for hire or reward.
Regulation 101.371 - Requirement to give notice before operating very small RPA for hire or reward etc.
Subregulation 101.371(1) provides that a person commits an offence of strict liability if he or she operates a very small RPA for hire or reward (i.e. commercially or operations not included in paragraph 2(7)(d) of the Civil Aviation Regulations 1988 as private operations) without notifying CASA at least 5 business days before the first operation. The penalty for the offence is set at 50 penalty units.
Subregulation 101.371(2) provides that a person does not commit an offence if he or she operates very small RPA for hire or reward if they hold a UOC.
Regulation 101.372 - Notice to operate very small RPA for hire or reward etc.
Subregulation 101.372(1) provides that a person may apply to CASA to operate (fly), or conduct operations (manage and make aircraft available) with, very small RPA for hire or reward.
Subregulation 101.372(2) provides that the application must be in the approved form.
Regulation 101.373 - Notification of changes in relation to operating very small RPA for hire or reward etc.
Subregulation 101.373(1) provides that a person must notify CASA of a change, event or matter of a kind set out in the Part 101 Manual of Standards within 21 business days.
Subregulation 101.373(2) provides that the application must be in the approved form.
Subregulation 101.37(3) provides that a person commits an offence of strict liability if he or she fails to notify CASA in accordance with subregulations (1) and (2). The penalty for the offence is set at 50 penalty units.
Regulation 101.374 - Database of notifications
Subregulation 101.374(1) provides that CASA may establish and maintain a database of information related to notifications issued under regulation 101.373.
Subregulation 101.373(2) provides a list, without limitation, of the sorts of information that CASA may include in the database.
Subregulation 101.373(3) provides that the database may be made public.
Subregulation 101.373(4) provides that if the database is kept and made publicly available, the database may be in electronic form.
Item [83] - Subparagraph 101.410(3)(b)(i)
The term 'address' is substituted with 'address, email address'.
Item [84] - Subregulation 101.430(1) (note)
The note is amended to remove the unnecessary reference to the Airspace Regulations 2007.
Item [85] - Subregulation 101.430(2) (paragraph (a) of the definition of authority controlling the area)
Reference to 'Secretary to the Department of Defence' is replaced with 'Secretary of the Department administered by the Minister administering section 1 of the Defence Act 1903'.
Item [86] - Subregulation 101.445(2) (table 101.445, item 1)
The term 'address' is substituted at all instances with 'address, email address'.
Item [87] - Subregulation 101.500(3) (table 101.500, item 1)
The term 'address' is substituted at all instances with 'address, email address'.
Item [88] - At the end of subregulation 117.015(2)
New paragraphs 101.015(2)(c) and 101.015(2)(d) are added to provide that a person who gave a notification to CASA to operate a very small RPA for hire or reward under regulation 101.372 and the holder of a certificate as an RPA operator under Division 101.F.4 must complete and submit a safety-related questionnaire or survey if directed by CASA.
Item [89] - Regulation 202.460
The regulation is repealed and substituted with a new Division 202.FA.1, inclusive of regulations 202.455, 202.460, 202.461 and 202.462.
Division 202.FA.1--Amendments made by the Civil Aviation Legislation Amendment (Part 101) Regulation 2016
Regulation 202.455 defines 'commencement date' as the day on which this Amendment Regulation commences.
Regulation 202.460 - Transitional--approved areas for UAVs
Subregulation 202.460(1) provides that an application for an area approval that is lodged before the commencement date of this Amendment Regulation, but not finally determined by CASA before that date, is subject to subregulation 202.460(2).
Subregulation 202.460(2) provides that a transitional application is taken to be an application for an approval area for the operation of RPA under regulation 101.030, so that a new application is required to be lodged.
Subregulation 202.460(3) provides that an area approval for the operation of a UAV, granted before the commencement of this Amendment Regulation, is taken to be an area approval for the operation of an RPA after the commencement date, subject to the same terms and conditions.
Regulation 202.461 - Transitional--UAV controllers
Subregulation 202.461(1) provides that an application for certification as a UAV controller, lodged before the commencement date of this Amendment Regulation but not finally determined by CASA before that date, is subject to subregulation 202.461(2).
Subregulation 202.461(2) provides that a transitional application is taken to be an application for a remote pilot licence under regulation 101.290, so that a new application is not required to be lodged.
Subregulation 202.461(3) provides that certification of a UAV controller, granted before the commencement date of this Amendment Regulation, is taken to be a remote pilot licence after the commencement date.
Subregulation 202.461(4) provides that any condition applicable to a UAV controller's certification remains in force as a condition of the remote pilot licence.
Subregulation 202.461(5) provides that an action before the commencement date to suspend or cancel a UAV controller's certificate applies to the remote pilot licence after the commencement date.
202.462 - Transitional--UAV operators
Subregulation 202.462(1) provides that an application for certification as a UAV operator lodged before the commencement date of this Amendment Regulation, but not finally determined by CASA before that date, is subject to subregulation 202.462(2).
Subregulation 202.462(2) provides that a transitional application is taken to be an application for an RPA operator's certificate under regulation 101.330, so that a new application is not required to be lodged.
Subregulation 202.462(3) provides that certification of a UAV operator prior to the commencement date is taken to be certification of an RPA operator after that date.
Subregulation 202.462(4) provides that action before the commencement date to suspend or cancel a UAV operator's certificate applies to the RPA operator's certificate after the commencement date.
Item [90] - Part 1 of the Dictionary (definition of certified UAV controller)
The definition of 'certified UAV controller' is repealed.
Item [91] - Part 1 of the Dictionary
New definitions are inserted for 'excluded RPA' (by reference to regulation 101.237) and for 'large RPA', including the redefinition of a large rotorcraft as one that is heavier than 150 kg (previously 100 kg).
Item [92] - Part 1 of the Dictionary (definition of large UAV)
The definition of 'large UAV' is repealed.
Item [93] - Part 1 of the Dictionary
Definitions of 'medium RPA' and 'micro RPA' are inserted.
Item [94] - Part 1 of the Dictionary (definition of micro UAV)
The definition of 'micro UAV' is repealed.
Item [95] - Part 1 of the Dictionary
New definitions are inserted for 'visual line of sight' (by reference to subregulation 101.073(3)) and 'Part 101 Manual of Standards'.
Item [96] - Part 1 of the Dictionary (definition of recreational unmanned aircraft)
The definition of 'recreational unmanned aircraft' is repealed.
Item [97] - Part 1 of the Dictionary
New definitions are inserted for 'remote pilot licence', 'RPA', 'RPA system', 'RePL training course' and 'small RPA'.
Item [98] - Part 1 of the Dictionary (definition of small UAV)
The definition of 'small UAV' is repealed.
Item [99] - Part 1 of the Dictionary
A new definition for 'standard RPA operating conditions' is inserted by reference to regulation 101.238.
Item [100] - Part 1 of the Dictionary (definition of UAV)
The definition of 'UAV' is repealed.
Item [101] - Part 1 of the Dictionary
A new definition is inserted for 'very small RPA', being an RPA with a gross weight of between 100 g and 2 kg.
Item [102] - Amendments of listed provisions--references to UAVs and certificates
A table of summary changes to terminology within the CASR is provided in respect of UAVs and certificates.
Transport Safety Investigation (Voluntary and Confidential Reporting Scheme) Regulation 2012
Item [103] - Paragraph 7(2)(a)
The paragraph is amended to expand the list of aircraft applicable to the REPCON scheme of voluntary and confidential reporting of issues that may affect the safety of aviation to include all weight classes of RPA in the amended Part 101 and align terminology.
Item [104] - Subregulation 7(3)
The subregulation is repealed and substituted with a list of all classes of RPA under Part 101 of CASR for the purposes of defining the aircraft in relation to Regulation 7.
Commonwealth Numbered Regulations - Explanatory Statements