Civil Aviation Legislation Amendment (Parts 103, 105 and 131) Regulations 2019 (Cth)
Civil Aviation Legislation Amendment (Parts 103, 105 and 131) Regulations 2019
made under the
Civil Aviation Act 1988
Compilation No. 2
Compilation date: 2 December 2021
Includes amendments up to: F2020L01283
Registered: 2 December 2021
About this compilation
This compilation
This is a compilation of the Civil Aviation Legislation Amendment (Parts 103, 105 and 131) Regulations 2019 that shows the text of the law as amended and in force on 2 December 2021 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1............ Name............................................................................................................................. 1
2............ Commencement............................................................................................................. 1
3............ Authority....................................................................................................................... 1
4............ Schedules...................................................................................................................... 1
Schedule 1—Amendments relating to Part 103 2
Civil Aviation Safety Regulations 1998 2
Schedule 2—Amendments relating to Part 105 18
Civil Aviation Regulations 1988 18
Civil Aviation Safety Regulations 1998 18
Schedule 3—Amendments relating to Part 131 37
Civil Aviation Safety Regulations 1998 37
Schedule 4—Other amendments 81
Civil Aviation Safety Amendment (Operations Definitions) Regulations 2019 81
Civil Aviation Safety Amendment (Part 91) Regulations 2018 82
Endnotes90
Endnote 1—About the endnotes 90
Endnote 2—Abbreviation key 91
Endnote 3—Legislation history 92
Endnote 4—Amendment history 93
1 Name
This instrument is the Civil Aviation Legislation Amendment (Parts 103, 105 and 131) Regulations 2019.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information | ||
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table | The day after this instrument is registered. | 17 December 2019 |
| 2. Schedules 1 to 3 | 2 December 2021. | 2 December 2021 |
| 3. Schedule 4 | The day after this instrument is registered. | 17 December 2019 |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under the Civil Aviation Act 1988.
4 Schedules
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 relating to Part 103
Civil Aviation Safety Regulations 1998
1Part 103
Repeal the Part, substitute:
Part 103—Sport and recreation aircraft
Table of contents
Subpart 103.A—Preliminary
103.005 Application of Part 103
103.010 Other key definitions for Part 103
103.015 Issue of Manual of Standards for Part 103
103.020 Approvals by CASA for Part 103
Subpart 103.B—Aircraft listing, certification and markings
103.025 Listing with a Part 103 ASAO
103.030 Flying without a certificate of airworthiness—airworthiness standards for certain kinds of Part 103 aircraft
103.035 Display of markings—aircraft other than sailplanes
Subpart 103.C—General obligations
103.040 Requirements for undertaking Part 103 activities
Subpart 103.D—Operational procedures
103.045 Minimum height rules—other than over populous areas or public gatherings
103.050 Safety when aircraft operating on ground
103.055 Carriage of passengers
103.060 Carriage and restraint of persons
103.065 Carriage of cargo
103.070 Simulating IMC flying
103.075 Training flight limitations etc.
103.080 Consumption or provision of alcohol
103.085 Additional requirements in relation to Part 103 activities
Subpart 103.K—Equipment
103.090 Requirements relating to equipment
Subpart 103.M—Airworthiness requirements
103.100 Application of CAR Parts 4 to 4D
103.105 Requirements prescribed by the Part 103 Manual of Standards
103.110 Permission for section 20AB of Act
103.115 Requirements for ASAO exposition
103.120 Aircraft data plate—aircraft to which Part 21 does not apply
103.125 Major defects
Subpart 103.Z—Towing of Part 103 aircraft by other aircraft
103.130 Towing of Part 103 aircraft by other aircraft
Subpart 103.A—Preliminary
103.005 Application of Part 103
(1) This Part (other than Subpart 103.Z) applies to Part 103 aircraft.
(2) Despite subregulation (1), this Part does not apply to the operation of a Part 103 aircraft if Part 132, 133, 135 or 137 applies to the operation.
(3) Subpart 103.Z applies in relation to the towing of a Part 103 aircraft by an aircraft that is not a Part 103 aircraft.
Meaning of Part 103 aircraft
(4) An aircraft is a Part 103 aircraft if:
(a) the aircraft is not registered; and
(b) the aircraft is any of the following:
(i) a powered parachute;
(ii) a gyroglider;
(iii) a hang glider or powered hang glider;
(iv) a paraglider or powered paraglider;
(v) a rotorcraft prescribed by the Part 103 Manual of Standards for the purposes of this subparagraph;
(vi) a weight‑shift‑controlled aeroplane prescribed by the Part 103 Manual of Standards for the purposes of this subparagraph;
(vii) any other aeroplane prescribed by the Part 103 Manual of Standards for the purposes of this subparagraph.
(5) A sailplane is a Part 103 aircraft.
Note: This subregulation applies to all sailplanes, including sailplanes registered under Part 47 and sailplanes that are foreign registered aircraft. Sailplanes are required to be registered under Part 47, unless an exception in subregulation 47.015(1) applies.
(6) Despite subregulations (4) and (5), neither of the following aircraft are Part 103 aircraft:
(a) an RPA;
(b) a model aircraft.
103.010 Other key definitions for Part 103
In these Regulations:
Part 103 activity means any of the following:
(a) operating a Part 103 aircraft;
(b) maintaining, or ensuring the airworthiness of, a Part 103 aircraft or aeronautical products for Part 103 aircraft;
(c) providing training in an activity covered by paragraph (a) or (b).
(d) carrying on a business or undertaking involving the provision of services or equipment for undertaking an activity covered by paragraph (a) or (b);
(e) the towing of a Part 103 aircraft by another Part 103 aircraft;
(f) an activity prescribed by the Part 103 Manual of Standards.
Part 103 ASAO means an ASAO whose approved function is or includes administering a Part 103 activity.
103.015 Issue of Manual of Standards for Part 103
For the purposes of subsection 98(5A) of the Act, CASA may issue a Manual of Standards for this Part prescribing matters:
(a) required or permitted by these Regulations to be prescribed by the Part 103 Manual of Standards; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Part.
Note: A Manual of Standards is a legislative instrument: see subsection 98(5AA) of the Act.
103.020 Approvals by CASA for Part 103
(1) If a provision of this Part, or of the Part 103 Manual of Standards, refers to a person holding an approval under this regulation, a person may apply to CASA, in writing, for the approval.
(2) Subject to regulation 11.055, the approval must be granted.
(3) Subregulation 11.055(1B) applies to the granting of an approval under this regulation.
Subpart 103.B—Aircraft listing, certification and markings
103.025 Listing with a Part 103 ASAO
(1) A Part 103 aircraft is listed with a Part 103 ASAO for the purposes of this regulation if the aircraft is listed with the Part 103 ASAO in accordance with the requirements prescribed by the Part 103 Manual of Standards for the purposes of this subregulation.
Certain Part 103 aircraft must be listed
(2) The owner of a Part 103 aircraft contravenes this subregulation if:
(a) the aircraft is an aircraft other than a sailplane, hang glider, powered hang glider, paraglider or powered paraglider; and
(b) the aircraft has an empty weight of more than 70 kg; and
(c) a person operates the aircraft; and
(d) the aircraft is not listed with a Part 103 ASAO.
Other Part 103 aircraft may be listed
(3) If paragraphs (2)(a) and (b) do not apply to a Part 103 aircraft, the aircraft may be listed with a Part 103 ASAO.
Listing with more than one ASAO prohibited
(4) The owner of a Part 103 aircraft contravenes this subregulation if:
(a) a person operates the aircraft; and
(b) the aircraft is listed with more than one Part 103 ASAO at the same time.
Offence
(5) A person commits an offence of strict liability if the person contravenes subregulation (2) or (4).
Penalty: 50 penalty units.
103.030 Flying without a certificate of airworthiness—airworthiness standards for certain kinds of Part 103 aircraft
(1) The Part 103 Manual of Standards may make provision in relation to one or more of the following:
(a) airworthiness standards for specified kinds of Part 103 aircraft;
(b) for Part 103 ASAOs whose approved functions include administering Part 103 aircraft:
(i) the kinds of aircraft for which the Part 103 ASAO may set airworthiness standards; and
(ii) procedures for setting such standards;
(c) procedures for accepting a Part 103 aircraft that meets the standards referred to in paragraph (a) or (b);
(d) procedures for issuing a statement of acceptance to the owner of an aircraft accepted in accordance with the procedures mentioned in paragraph (c).
(2) For the purposes of paragraph 20AA(3)(b) of the Act, a flight in a Part 103 aircraft is authorised without a certificate of airworthiness if a Part 103 ASAO has issued a statement of acceptance to the owner of the aircraft in accordance with the procedures mentioned in paragraph (1)(d) of this regulation.
103.035 Display of markings—aircraft other than sailplanes
(1) Part 45 does not apply to a Part 103 aircraft that is not a sailplane.
(2) If the approved functions of a Part 103 ASAO include administering a Part 103 activity in relation to Part 103 aircraft that are not sailplanes, the exposition for the Part 103 ASAO must:
(a) include requirements relating to the display of markings (within the ordinary meaning of the term) on the aircraft; and
(b) prohibit the operation of the aircraft if the aircraft does not meet the requirements mentioned in paragraph (a).
Note: An ASAO, and the holder of an authorisation issued by an ASAO, must not contravene the ASAO’s exposition: see regulations 149.345 and 149.410.
(3) Without limiting subregulation (2), the exposition must include requirements relating to the following:
(a) when markings must be displayed;
(b) the number of sets of markings that must be displayed;
(c) the location of sets of markings on aircraft;
(d) the characters to be used in each set of markings, including height, width and font requirements.
Subpart 103.C—General obligations
103.040 Requirements for undertaking Part 103 activities
Part 103 activity must be authorised
(1) A person contravenes this subregulation if:
(a) the person undertakes a Part 103 activity; and
(b) the person does not hold an authorisation from a Part 103 ASAO authorising the person to undertake the activity.
(2) Subregulation (1) does not apply if:
(a) the person holds an approval under regulation 103.020 to undertake the activity; or
(b) the person is otherwise authorised under these Regulations to undertake the activity.
Part 103 activity must be undertaken in accordance with authorisation
(3) A person contravenes this subregulation if the person:
(a) undertakes a Part 103 activity; and
(b) holds an authorisation from a Part 103 ASAO authorising the person to undertake the activity; and
(c) undertakes the activity in a way that contravenes the authorisation.
Offence
(4) A person commits an offence of strict liability if the person contravenes subregulation (1) or (3).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matter in subregulation (2): see subsection 13.3(3) of the Criminal Code.
Subpart 103.D—Operational procedures
103.045 Minimum height rules—other than over populous areas or public gatherings
(1) This regulation applies if a Part 103 aircraft is flown other than over a populous area or a public gathering.
Note: For minimum height rules if an aircraft is flown over a populous area or a public gathering, see regulation 91.265.
(2) The pilot in command of a Part 103 aircraft for a flight contravenes this subregulation if, during the flight:
(a) the aircraft is flown below 500 ft above the highest feature or obstacle within a horizontal radius of 300 m of the point on the ground or water immediately below the aircraft; and
(b) none of the circumstances mentioned in subregulation (3) applies.
(3) The circumstances are the following:
(a) the aircraft is taking off, operating or landing in circumstances prescribed by the Part 103 Manual of Standards for the purposes of this paragraph;
(b) the aircraft is engaged in a missed approach;
(c) the aircraft is a glider engaged in ridge or hill soaring;
(d) the aircraft:
(i) is not carrying passengers; and
(ii) is engaged in a practice emergency procedure at an aerodrome;
(e) the aircraft:
(i) is not carrying passengers; and
(ii) is engaged in a practice forced landing procedure with the consent of the person or authority having control over the land or water above which the procedure is carried out;
(f) the aircraft is performing training circuits at an aerodrome in circumstances prescribed by the Part 103 Manual of Standards for the purposes of this paragraph;
(g) the pilot holds an approval for the purposes of regulation 91.180 (air displays in Australian territory);
(h) all of the following apply:
(i) the pilot in command of the aircraft holds an approval under regulation 103.020 to fly the aircraft below the height mentioned in paragraph (2)(a);
(ii) the pilot in command of the aircraft conducts a risk assessment of the area to be flown over;
(iii) the point on the ground or water vertically below the aircraft is not within 150 m of a person, vessel, vehicle or structure;
(i) for a rotorcraft—the rotorcraft is hovering, air transiting, air taxiing or ground taxiing at an aerodrome;
(j) for a rotorcraft, seaplane or amphibian—the aircraft is flying within an access lane:
(i) that is for use by aircraft taking off from, or landing at, a particular place; and
(ii) details of which are published in the authorised aeronautical information for the flight;
(k) the aircraft is engaged in a procedure to determine the suitability of an aerodrome for a landing.
(4) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.
103.050 Safety when aircraft operating on ground
(1) A person contravenes this subregulation if:
(a) the person starts the engine of a Part 103 aircraft, or causes the engine to be started, while the aircraft is on the ground; and
(b) a requirement mentioned in subregulation (2) is not met.
(2) The requirements are the following:
(a) the person who starts the engine or causes the engine to be started must be:
(i) authorised by a Part 103 ASAO to pilot or maintain the aircraft; or
(ii) a person of a kind prescribed by the Part 103 Manual of Standards for the purposes of this subparagraph; and
(b) if subparagraph (a)(ii) applies—the aircraft must be secured from moving; and
(c) if the aircraft is hand‑started—the requirements relating to hand‑starting prescribed by the Part 103 Manual of Standards for the purposes of this paragraph.
(3) A person contravenes this subregulation if:
(a) the person operates a Part 103 aircraft on the ground, or causes a Part 103 aircraft to be operated on the ground; and
(b) the person permits another person to board the aircraft or to remain on the aircraft while a pilot seat of the aircraft is not occupied by a person who is competent to apply the brakes and control the engine.
(4) For the purposes of paragraph (3)(b), a person is competent to apply the brakes and control the engine of an aircraft if:
(a) the person has been given instructions on how, and assessed as competent, to apply the brakes and control the engine (including how to shut the engine down) by another person who is authorised by a Part 103 ASAO to pilot or maintain the aircraft; or
(b) the person is authorised by a Part 103 ASAO to maintain the aircraft.
(5) A person commits an offence of strict liability if the person contravenes subregulation (1) or (3).
Penalty: 50 penalty units.
103.055 Carriage of passengers
An exposition for a Part 103 ASAO must include requirements in relation to the carriage of passengers on Part 103 aircraft.
Note: An ASAO, and the holder of an authorisation issued by an ASAO, must not contravene the ASAO’s exposition: see regulations 149.345 and 149.410.
103.060 Carriage and restraint of persons
Carriage of infants
(1) The pilot in command of a Part 103 aircraft for a flight contravenes this subregulation if the requirement mentioned in subregulation (2) is not met for the flight.
(2) The requirement is that an infant must not be carried on the flight except in the circumstances prescribed by the Part 103 Manual of Standards for the purposes of this subregulation.
Restraint of adults and children
(3) The pilot in command of a Part 103 aircraft for a flight contravenes this subregulation if a requirement mentioned in subregulation (4) is not met.
(4) The requirements are the following:
(a) if the aircraft is fitted with any seats—at all times during the flight:
(i) the pilot in command must occupy a pilot seat, with the seatbelt, and the shoulder harness (if any), securely fastened; and
(ii) any other adult carried on the flight must occupy a seat, with the seatbelt, and the shoulder harness (if any), securely fastened;
(b) if the aircraft is not fitted with any seats—at all times during the flight each adult on the flight must be wearing a harness or restraint that is securely fastened;
(c) in any case—any child carried on the flight must be restrained in accordance with the requirements prescribed by the Part 103 Manual of Standards for the purposes of this paragraph.
(5) Subregulation (4) does not apply in relation to a person if regulation 105.105 imposes requirements in relation to restraint of the person.
Note: Regulation 105.105 is about restraint of persons carried on an aircraft being operated to facilitate a parachute descent.
(6) A person commits an offence of strict liability if the person contravenes subregulation (1) or (3).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (5): see subsection 13.3(3) of the Criminal Code.
103.065 Carriage of cargo
(1) This regulation does not apply in relation to an animal carried in a passenger cabin.
Note: For the carriage of animals, see regulation 91.620.
(2) The pilot in command of a Part 103 aircraft for a flight contravenes this subregulation if:
(a) cargo is carried on the flight; and
(b) a requirement mentioned in subregulation (3) is not met for the flight.
(3) The requirements are the following:
(a) cargo must not be carried in a place where the cargo may damage, obstruct or cause the failure of any part of the aircraft, or any equipment, that is essential to the safe operation of the aircraft;
(b) cargo carried on the aircraft must be:
(i) securely stowed in accordance with the aircraft flight manual instructions; or
(ii) otherwise safely restrained;
(c) cargo must be carried in accordance with any requirements relating to the carriage of cargo:
(i) in the aircraft flight manual instructions for the aircraft; or
(ii) on a placard on the aircraft;
(d) if cargo is carried on an unoccupied seat in the aircraft:
(i) the cargo must not weigh more than the weight limitation for that seating position; and
(ii) the cargo, and the means of restraint of the cargo, must not interfere with the safe operation of the aircraft;
(e) any other requirement relating to the restraint or stowage of cargo prescribed by the Part 103 Manual of Standards for the purposes of this paragraph.
(4) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.
103.070 Simulating IMC flying
(1) The pilot in command of a Part 103 aircraft for a flight contravenes this subregulation if:
(a) during the flight, IMC are simulated; and
(b) a requirement mentioned in subregulation (2) is not met.
(2) The requirements are the following:
(a) the aircraft must be of a kind prescribed by the Part 103 Manual of Standards for the purposes of this paragraph;
(b) a pilot (the safety pilot) must:
(i) occupy a pilot seat fitted with fully functioning flight controls; and
(ii) have adequate vision forward and to each side of the aircraft;
(c) a pilot (the second pilot) flying the aircraft under simulated IMC must occupy a pilot seat fitted with fully functioning flight controls;
(d) the safety pilot must be authorised by a Part 103 ASAO to pilot the aircraft.
(3) A person commits an offence if the person contravenes subregulation (1).
Penalty: 50 penalty units.
103.075 Training flight limitations etc.
(1) In this regulation:
permitted person, in relation to an aircraft, means a person who is carried on the aircraft for the purpose of:
(a) giving or receiving flying training; or
(b) practising for the issue of an authorisation by a Part 103 ASAO; or
(c) being assessed for the issue of an authorisation by a Part 103 ASAO.
(2) The pilot in command of a Part 103 aircraft for a flight contravenes this subregulation if, during the flight:
(a) a person other than a permitted person is carried on the aircraft; and
(b) the pilot in command permits the simulation (other than verbally) of an emergency or abnormal situation that may affect the handling characteristics of the aircraft.
(3) The pilot in command of a Part 103 aircraft for a flight contravenes this subregulation if, during the flight:
(a) a person other than the following is carried on the aircraft:
(i) a permitted person;
(ii) a person prescribed by the Part 103 Manual of Standards for the purposes of this subparagraph; and
(b) the pilot in command permits a test of the aircraft, or any of its instruments, indicators, items of equipment or systems (other than a test of the aircraft during the course of checks associated with the normal operation of the aircraft).
(4) A person commits an offence of strict liability if the person contravenes subregulation (2) or (3).
Penalty: 50 penalty units.
103.080 Consumption or provision of alcohol
(1) A person on a Part 103 aircraft for a flight contravenes this subregulation if:
(a) the person consumes alcohol; or
(b) the person provides alcohol to another person on the aircraft.
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
103.085 Additional requirements in relation to Part 103 activities
(1) The Part 103 Manual of Standards may prescribe additional requirements in relation to undertaking a Part 103 activity.
(2) Without limiting subregulation (1), the Part 103 Manual of Standards may prescribe requirements relating to the following:
(a) flights over populous areas, prohibited areas, restricted areas or water;
(b) flights in specified classes of airspace;
(d) flights at or above specified altitudes;
(e) the operation of a Part 103 aircraft at, or within a prescribed distance from, an aerodrome;
(f) the conduct of aerobatic manoeuvres during flights;
(g) the dropping of things from a Part 103 aircraft during flights;
(h) the towing of a Part 103 aircraft by another Part 103 aircraft;
(i) the conduct of training in operating a Part 103 aircraft;
(j) placards that must be displayed in a Part 103 aircraft;
(k) documents that must be carried on a Part 103 aircraft for a flight;
(l) documents or authorisations that must be in force when a Part 103 aircraft begins a flight.
(3) A person contravenes this subregulation if:
(a) the person is subject to a requirement mentioned in subregulation (1) in relation to a Part 103 activity; and
(b) the requirement is not met in undertaking the Part 103 activity.
(4) A person commits an offence of strict liability if the person contravenes subregulation (3).
Penalty: 50 penalty units.
Subpart 103.K—Equipment
103.090 Requirements relating to equipment
(1) The Part 103 Manual of Standards may prescribe requirements relating to:
(a) the fitment and non‑fitment of equipment to a Part 103 aircraft; and
(b) the carrying of equipment on a Part 103 aircraft; and
(c) equipment that is fitted to, or carried on, a Part 103 aircraft.
(2) A person contravenes this subregulation if:
(a) the person is subject to a requirement mentioned in subregulation (1); and
(b) the requirement is not met.
(3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.
Subpart 103.M—Airworthiness requirements
103.100 Application of CAR Parts 4 to 4D
(1) Parts 4 and 4A of CAR do not apply to a Part 103 aircraft.
(2) Parts 4B, 4C and 4D of CAR do not apply to a Part 103 aircraft that is not a sailplane.
103.105 Requirements prescribed by the Part 103 Manual of Standards
(1) The Part 103 Manual of Standards may prescribe requirements relating to the maintenance, or ensuring the airworthiness of, a Part 103 aircraft or aeronautical products for Part 103 aircraft.
(2) A person contravenes this subregulation if:
(a) the person is subject to a requirement mentioned in subregulation (1); and
(b) the person does not comply with the requirement.
(3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.
103.110 Permission for section 20AB of Act
For the purposes of subsection 20AB(2) of the Act, a person is permitted to carry out maintenance:
(a) on a Part 103 aircraft; or
(b) on an aeronautical product for a Part 103 aircraft;
if the person holds an authorisation from a Part 103 ASAO authorising the person to carry out the maintenance.
Note: See also regulation 103.040.
103.115 Requirements for ASAO exposition
(1) This regulation applies if the approved functions of a Part 103 ASAO include administering the activity mentioned in paragraph (b) of the definition of Part 103 activity (maintaining, or ensuring the airworthiness of, a Part 103 aircraft or aeronautical products for Part 103 aircraft).
(2) The exposition for the Part 103 ASAO must include requirements relating to undertaking the activity.
Note: An ASAO, and the holder of an authorisation issued by an ASAO, must not contravene the ASAO’s exposition: see regulations 149.345 and 149.410.
103.120 Aircraft data plate—aircraft to which Part 21 does not apply
(1) This regulation applies in relation to an aircraft data plate attached, or to be attached, to a Part 103 aircraft that is administered by a Part 103 ASAO (other than a data plate attached in accordance with Division 21.Q.2).
(2) The exposition for the Part 103 ASAO must include requirements relating to the procedures to be used for attaching an aircraft data plate to the aircraft.
Note: An ASAO, and the holder of an authorisation issued by an ASAO, must not contravene the ASAO’s exposition: see regulations 149.345 and 149.410.
(3) The owner of a Part 103 aircraft contravenes this subregulation if an aircraft data plate attached to the aircraft does not meet the requirements prescribed by the Part 103 Manual of Standards for the purposes of this subregulation.
(4) A person contravenes this subregulation if:
(a) the person removes or engages in conduct that results in the alteration of any of the information on an aircraft data plate attached to a Part 103 aircraft; and
(b) the person does not hold an approval under regulation 103.020 to do so.
(5) A person commits an offence of strict liability if the person contravenes subregulation (3) or (4).
Penalty: 50 penalty units.
103.125 Major defects
Reporting of defects
(1) A person contravenes this subregulation if the person:
(a) is the owner or operator of a Part 103 aircraft that is administered by a Part 103 ASAO; and
(b) knows there is a major defect in the aircraft; and
(c) does not report the defect, in accordance with the requirements prescribed by the Part 103 Manual of Standards for the purposes of this paragraph, to the Part 103 ASAO within 3 business days after becoming aware of the defect.
Note: Part 4B of CAR contains additional requirements in relation to the reporting of defects in sailplanes.
(2) A Part 103 ASAO contravenes this subregulation if the Part 103 ASAO:
(a) receives a report under subregulation (1); and
(b) does not, in accordance with the requirements prescribed by the Part 103 Manual of Standards for the purposes of this paragraph, provide a copy of the report to the following:
(i) CASA;
(ii) each other Part 103 ASAO prescribed by the Part 103 Manual of Standards for the purposes of this subparagraph;
(iii) the manufacturer of the aircraft.
Recording of defects
(3) A person contravenes this subregulation if the person:
(a) is the owner or operator of a Part 103 aircraft that is administered by a Part 103 ASAO; and
(b) knows there is a major defect in the aircraft; and
(c) does not record the defect, in accordance with the requirements prescribed by the Part 103 Manual of Standards for the purposes of this paragraph.
(4) The pilot in command of a Part 103 aircraft for a flight contravenes this subregulation if:
(a) the aircraft is administered by a Part 103 ASAO; and
(b) a major defect in the aircraft has been recorded in accordance with subregulation (3); and
(c) when the flight begins, a person authorised by the Part 103 ASAO has not signed a release to service for the aircraft in relation to the defect.
Offences
(5) A person commits an offence if the person contravenes subregulation (1), (2), or (3).
Penalty: 50 penalty units.
(6) A person commits an offence of strict liability if the person contravenes subregulation (4).
Penalty: 50 penalty units.
Subpart 103.Z—Towing of Part 103 aircraft by other aircraft
103.130 Towing of Part 103 aircraft by other aircraft
(1) The Part 103 Manual of Standards may prescribe requirements in relation to the towing of a Part 103 aircraft by an aircraft that is not a Part 103 aircraft.
(2) The pilot in command of an aircraft for a flight contravenes this subregulation if a requirement mentioned in subregulation (1) is not met for the flight.
(3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.
2 Part 1 of the Dictionary (definition of empty weight)
Repeal the definition, substitute:
empty weight, for a hang glider, powered hang glider, paraglider or powered paraglider, means the weight of the hang glider, powered hang glider, paraglider or powered paraglider in its airborne configuration, including all fittings and equipment but excluding recovery or personnel parachutes.
3 Part 1 of the Dictionary (definition of glider)
Omit “inoperative”, substitute “not being operated”.
4 Part 1 of the Dictionary (definition of gyroglider)
Repeal the definition, substitute:
gyroglider means a non‑power‑driven heavier‑than‑air aircraft supported in flight by the reaction of the air on 1 or more rotors that rotate freely on substantially vertical axes.
5 Part 1 of the Dictionary (definition of hang glider)
Repeal the definition, substitute:
hang glider means a glider with some rigid structure and an empty weight of 70 kg or less.
6 Part 1 of the Dictionary (definition of paraglider)
Repeal the definition, substitute:
paraglider means a glider with an empty weight of 70 kg or less and a wing that is inflated and maintains its profile in flight due to the ram‑air pressure of the air through which it moves.
7 Part 1 of the Dictionary
Insert:
Part 103 activity: see regulation 103.010.
Part 103 aircraft: see subregulations 103.005(4), (5) and (6).
Part 103 ASAO: see regulation 103.010.
Part 103 Manual of Standards means the Manual of Standards issued by CASA under regulation 103.015.
power‑assisted sailplane means a powered sailplane that has insufficient performance with the engine operating to achieve the applicable take‑off and climb performance criteria for powered sailplanes.
8 Part 1 of the Dictionary (definition of powered hang glider)
Repeal the definition, substitute:
powered hang glider means a hang glider with an engine attached.
9 Part 1 of the Dictionary (definition of powered paraglider)
Repeal the definition, substitute:
powered paraglider means a paraglider with an engine attached.
10 Part 1 of the Dictionary (definition of powered sailplane)
Omit “inoperative”, substitute “not being operated”.
11 Part 1 of the Dictionary (at the end of the definition of powered sailplane)
Add:
Note: A powered sailplane includes a touring motor glider.
12 Part 1 of the Dictionary
Insert:
touring motor glider means a powered sailplane that:
(a) has an integrally mounted, non‑retractable, engine and a non‑retractable propeller; and
(b) is capable of taking off and climbing under its own power according to the touring motor glider’s flight manual.
weight‑shift‑controlled aeroplane means an aeroplane where flight control is attained primarily by weight‑shift.
Schedule 2—Amendments relating to Part 105
Civil Aviation Regulations 1988
1 Regulation 152
Repeal the regulation.
Civil Aviation Safety Regulations 1998
2 Subparagraph 99.015(2)(c)(iv)
Omit “and”.
3 At the end of paragraph 99.015(2)(c)
Add:
(v) reserve parachutes or emergency parachutes; and
4 At the end of subregulation 99.015(2)
Add:
; and (m) undertaking parachute descents; and
(n) supervising parachute descents.
5 Subregulation 99.015(3)
Omit “(l)”, substitute “(n)”.
Part 105
Repeal the Part, substitute:
Part 105—Parachuting from aircraft
Table of contents
Subpart 105.A—Preliminary
105.005 Application of Part 105
105.010 Key definitions for Part 105
105.015 Issue of Manual of Standards for Part 105
Subpart 105.C—General
Division 105.C.1—General flight limitations
105.020 Parachutists must not create hazards
105.025 Persons must not create hazards to aircraft operated to facilitate parachute descents
Division 105.C.2—Operational documents
Division 105.C.3—Flight related documents
Division 105.C.4—Reporting and recording defects, incidents etc.
105.045 Reserve parachutes and emergency parachutes—reporting of major defects by maintainers
105.050 Reserve parachutes—reporting of major defects by parachutists
Division 105.C.5—Search and rescue services and emergency and survival equipment
105.055 Reserve parachute and emergency parachute equipment requirements
105.060 Defective reserve parachutes and defective emergency parachutes
Division 105.C.6—Miscellaneous requirements
105.065 Requirements for undertaking parachuting activities
105.070 Additional obligations applying to parachute operators
105.075 Permission to undertake parachute descent
105.080 General requirements for aircraft used for parachute descents
105.085 Requirements for aircraft used for descents by trainee parachutists and tandem parachutists
105.090 Dropping things over populous areas
105.095 Dropping things other than over populous areas
Subpart 105.D—Operational requirements
105.100 Additional requirements in relation to parachuting activities
105.105 Restraint of persons other than flight crew members
105.110 Persons other than flight crew members—compliance with safety directions
105.115 Restrictions on aircraft occupants for descents by trainee parachutists and tandem parachutists
Subpart 105.G—Personnel fatigue management
105.120 Management of fatigue in relation to persons exercising certain parachute descent duties
Subpart 105.J—Weight and balance
105.125 Loading of aircraft used for parachute descents
Subpart 105.K—Instruments, indicators, equipment and systems
105.130 Requirements relating to radio equipment and oxygen equipment
Subpart 105.N—Flight crew
105.135 Pilot requirements for parachute descents—Part 103 aircraft
105.140 Pilot requirements for parachute descents—aeroplanes
105.145 Pilot requirements for parachute descents—helicopters
105.150 Pilot requirements for parachute descents—powered‑lift aircraft
105.155 Pilot requirements for parachute descents—manned free balloons
Subpart 105.A—Preliminary
105.005 Application of Part 105
This Part does not apply in relation to:
(a) parachutes that are not personnel parachutes; or
(b) parachute descents that are not from aircraft; or
(c) emergency parachute descents.
105.010 Key definitions for Part 105
In these Regulations:
emergency parachute has the meaning given by the Part 105 Manual of Standards.
major defect means:
(a) for an emergency parachute—a defect of any part of the emergency parachute that may affect the safe operation of the parachute or cause the parachute to become a danger to persons or property;
(b) for a reserve parachute—a defect of any part of the reserve parachute assembly that may affect the safe operation of the parachute or cause the parachute to become a danger to persons or property.
parachute does not include a parasail or a powered parachute.
parachute operator means a person who carries on a business or undertaking involving the provision of services or equipment for undertaking parachute descents.
parachuting activity means any of the following:
(a) a parachute descent;
(b) packing a parachute;
(c) maintaining a parachute;
(d) assembling a parachute;
(e) supervising a parachute descent;
(f) operating an aircraft to facilitate a parachute descent;
(g) providing training in an activity covered by paragraphs (a) to (f);
(h) carrying on a business or undertaking involving the provision of services or equipment for undertaking a parachute descent;
(i) an activity prescribed by the Part 105 Manual of Standards.
Part 105 ASAO means an ASAO whose approved function is or includes administering a parachuting activity.
reserve parachute has the meaning given by the Part 105 Manual of Standards.
reserve parachute assembly has the meaning given by the Part 105 Manual of Standards.
tandem parachutist means a person undertaking a parachute descent in which the person’s harness is attached to the harness of another person who is in control of the descent.
trainee parachutist has the meaning given by the Part 105 Manual of Standards.
105.015 Issue of Manual of Standards for Part 105
For the purposes of subsection 98(5A) of the Act, CASA may issue a Manual of Standards for this Part prescribing matters:
(a) required or permitted by these Regulations to be prescribed by the Part 105 Manual of Standards; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Part.
Note: A Manual of Standards is a legislative instrument: see subsection 98(5AA) of the Act.
Subpart 105.C—General
Division 105.C.1—General flight limitations
105.020 Parachutists must not create hazards
(1) A person contravenes this subregulation if the person undertakes a parachute descent in a way that creates a hazard to an aircraft, another person or property.
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
105.025 Persons must not create hazards to aircraft operated to facilitate parachute descents
(1) A person contravenes this subregulation if the person does an act that creates a hazard to an aircraft that is being operated to facilitate a parachute descent.
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
Division 105.C.2—Operational documents
Note: This Division is reserved for future use.
Division 105.C.3—Flight related documents
Note: This Division is reserved for future use.
Division 105.C.4—Reporting and recording defects, incidents etc.
105.045 Reserve parachutes and emergency parachutes—reporting of major defects by maintainers
(1) This regulation applies to a person if the person holds an authorisation from a Part 105 ASAO to carry out maintenance on:
(a) reserve parachutes; or
(b) emergency parachutes.
(2) A person contravenes this subregulation if the person:
(a) carries out maintenance on a reserve parachute or emergency parachute; and
(b) knows there is a major defect in the parachute; and
(c) does not report the defect to the Part 105 ASAO within 3 business days after becoming aware of the defect.
(3) The report must:
(a) be made in writing; and
(b) be made in a form approved by the Part 105 ASAO; and
(c) contain the following information:
(i) the make and type of the parachute;
(ii) the serial number of the parachute;
(iii) the name and address of the owner of the parachute;
(iv) a description of the defect;
(v) how the defect may affect the safety of the parachute or cause the parachute to become a danger to persons or property.
(4) An ASAO contravenes this subregulation if the ASAO:
(a) receives a report under subregulation (2); and
(b) does not provide a copy of the report to the following within 3 business days of receiving the report:
(i) CASA;
(ii) the manufacturer of the parachute;
(iii) all other Part 105 ASAOs.
(5) A person commits an offence if the person contravenes subregulation (2) or (4).
Penalty: 50 penalty units.
105.050 Reserve parachutes—reporting of major defects by parachutists
(1) This regulation applies to a person if the person holds an authorisation from a Part 105 ASAO to undertake a parachute descent.
(2) A person contravenes this subregulation if the person:
(a) knows there is a major defect in the reserve parachute; and
(b) knows that the major defect has not been reported to the Part 105 ASAO; and
(c) does not report the defect to the Part 105 ASAO within 3 business days after becoming aware of the defect.
(3) The report must:
(a) be made in writing; and
(b) be made in a form approved by the Part 105 ASAO; and
(c) contain the following information:
(i) the make and type of the parachute;
(ii) the serial number of the parachute;
(iii) the name and address of the owner of the parachute;
(iv) a description of the defect;
(v) how the defect may affect the safety of the parachute or cause the parachute to become a danger to persons or property.
(4) An ASAO contravenes this subregulation if the ASAO:
(a) receives a report under subregulation (2); and
(b) does not provide a copy of the report to the following within 3 business days of receiving the report:
(i) CASA;
(ii) the manufacturer of the reserve parachute;
(iii) all other Part 105 ASAOs.
(5) A person commits an offence if the person contravenes subregulation (2) or (4).
Penalty: 50 penalty units.
Division 105.C.5—Search and rescue services and emergency and survival equipment
105.055 Reserve parachute and emergency parachute equipment requirements
Reserve parachutes
(1) A person contravenes this subregulation if:
(a) the person undertakes a parachute descent; and
(b) the person is not equipped with a reserve parachute that meets the requirements in subregulation (3).
(2) A person contravenes this subregulation if:
(a) the person provides a reserve parachute to another person for the purposes of the other person undertaking a parachute descent; and
(b) the reserve parachute does not meet the requirements in subregulation (3).
(3) The requirements are as follows:
(a) the reserve parachute assembly must meet the requirements prescribed by the Part 105 Manual of Standards;
(b) the reserve parachute assembly must have been maintained in accordance with the requirements prescribed by the Part 105 Manual of Standards.
Emergency parachutes
(4) A person contravenes this subregulation if:
(a) the person provides an emergency parachute to another person for carriage on board an aircraft prescribed by the Part 105 Manual of Standards; and
(b) the emergency parachute does not meet the requirements in subregulation (5).
(5) The requirements are as follows:
(a) the emergency parachute must meet the requirements prescribed by the Part 105 Manual of Standards;
(b) the emergency parachute must have been maintained in accordance with the requirements prescribed by the Part 105 Manual of Standards.
Offence
(6) A person commits an offence of strict liability if the person contravenes subregulation (1), (2) or (4).
Penalty: 50 penalty units.
105.060 Defective reserve parachutes and defective emergency parachutes
Defective reserve parachutes
(1) A person contravenes this subregulation if:
(a) the person undertakes a parachute descent; and
(b) the person is equipped with a defective reserve parachute.
(2) Subregulation (1) does not apply if the person is a tandem parachutist or a trainee parachutist.
Defective reserve parachutes and defective emergency parachutes
(3) A person contravenes this subregulation if the person provides a defective reserve parachute or a defective emergency parachute to another person for the purposes of the other person undertaking a parachute descent.
Offence
(4) A person commits an offence of strict liability if the person contravenes subregulation (1) or (3).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (2): see subsection 13.3(3) of the Criminal Code.
Defective reserve parachute
(5) For the purposes of this regulation, a defective reserve parachute means a reserve parachute:
(a) that is covered by a report under regulation 105.045 or 105.050; or
(b) that is covered by an airworthiness directive; or
(c) whose assembly does not meet a requirement prescribed by the Part 105 Manual of Standards for the purposes of paragraph 105.055(3)(a); or
(d) for which the manufacturer of the parachute has issued a notice stating that action must be taken in relation to the parachute to ensure the safety of air navigation and that action has not been taken.
Defective emergency parachute
(6) For the purposes of this regulation, a defective emergency parachute means an emergency parachute:
(a) that is covered by a report under regulation 105.045; or
(b) that is covered by an airworthiness directive; or
(c) that does not meet a requirement prescribed by the Part 105 Manual of Standards for the purposes of paragraph 105.055(5)(a); or
(d) for which the manufacturer of the parachute has issued a notice stating that action must be taken in relation to the parachute to ensure the safety of air navigation and that action has not been taken.
Division 105.C.6—Miscellaneous requirements
105.065 Requirements for undertaking parachuting activities
Parachuting activity must be authorised
(1) A person contravenes this subregulation if the person:
(a) undertakes a parachuting activity; and
(b) does not hold an authorisation from a Part 105 ASAO authorising the person to undertake the activity.
Parachuting activity must be undertaken in accordance with authorisation
(2) A person contravenes this subregulation if the person:
(a) undertakes a parachuting activity; and
(b) holds an authorisation from a Part 105 ASAO authorising the person to undertake the activity; and
(c) undertakes the activity in a way that contravenes the authorisation.
Offence
(3) A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).
Penalty: 50 penalty units.
105.070 Additional obligations applying to parachute operators
(1) A parachute operator must take reasonable steps to ensure that each person employed or otherwise engaged by the operator to provide services or equipment for undertaking parachute descents:
(a) is aware of the obligations imposed on persons under this Part; and
(b) complies with any written procedures of the operator relating to the safe provision of those services or that equipment.
(2) A parachute operator must take reasonable steps to ensure that a person to whom the operator provides services or equipment for undertaking parachute descents:
(a) is aware of the obligations imposed on the person under this Part; and
(b) complies with any written procedures of the operator relating to the safe conduct of parachute descents.
(3) A person commits an offence if the person contravenes subregulation (1) or (2).
Penalty: 50 penalty units.
105.075 Permission to undertake parachute descent
(1) This regulation applies in relation to a person undertaking a parachute descent other than as a tandem parachutist.
(2) A person (the parachutist) contravenes this subregulation if:
(a) the parachutist undertakes a parachute descent; but
(b) before the parachutist exits the aircraft to begin the parachute descent, the pilot in command of the aircraft, or a person nominated by the pilot, has not given permission for the parachutist to do so.
(3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.
105.080 General requirements for aircraft used for parachute descents
(1) The pilot in command of an aircraft contravenes this subregulation if:
(a) the aircraft is being operated to facilitate a parachute descent; and
(b) the aircraft is not one of the following:
(i) a Part 103 aircraft;
(ii) an aeroplane;
(iii) a helicopter;
(iv) a powered‑lift aircraft;
(v) a manned free balloon.
(2) The pilot in command of a Part 103 aircraft contravenes this subregulation if the aircraft is being operated to facilitate a parachute descent by either or both of the following:
(a) a trainee parachutist;
(b) a tandem parachutist.
(3) The pilot in command of an aircraft (other than a Part 103 aircraft) contravenes this subregulation if:
(a) the aircraft is being operated to facilitate a parachute descent by either or both of the following:
(i) a trainee parachutist;
(ii) a tandem parachutist; and
(b) the pilot does not meet the pilot training requirements prescribed by the Part 105 Manual of Standards for the purposes of this paragraph.
(4) The pilot in command of a multi‑engine aeroplane or a single‑engine turbine‑powered aeroplane contravenes this subregulation if:
(a) the aircraft is being operated to facilitate a parachute descent by either or both of the following:
(i) a trainee parachutist;
(ii) a tandem parachutist; and
(b) the pilot does not meet the flight time required by subregulation (5).
(5) The flight time required by this subregulation is:
(a) if the aircraft is a multi‑engine aeroplane:
(i) at least 10 hours of experience as pilot in command of the type of aircraft being operated; or
(ii) at least 100 hours of experience as pilot in command, or as pilot in command under supervision, of a multi‑engine aeroplane; or
(b) if the aircraft is a single‑engine turbine‑powered aeroplane:
(i) at least 10 hours of experience as pilot in command of the type of aircraft being operated; or
(ii) at least 100 hours of experience as pilot in command, or as pilot in command under supervision, of a multi‑engine aeroplane or a single‑engine turbine‑powered aeroplane.
(6) The pilot in command of a powered‑lift aircraft contravenes this subregulation if:
(a) the aircraft is being operated to facilitate a parachute descent by either or both of the following:
(i) a trainee parachutist;
(ii) a tandem parachutist; and
(b) the pilot does not meet the flight time requirements prescribed by the Part 105 Manual of Standards for the purposes of this paragraph.
(7) A person commits an offence of strict liability if the person contravenes subregulation (1), (2), (3), (4) or (6).
Penalty: 50 penalty units.
(8) In this regulation:
flight time has the same meaning as in Part 61.
multi‑engine aeroplane has the same meaning as in Part 61.
105.085 Requirements for aircraft used for descents by trainee parachutists and tandem parachutists
(1) This regulation applies if an aircraft is being operated to facilitate a parachute descent by either or both of the following:
(a) a trainee parachutist;
(b) a tandem parachutist.
(2) The pilot in command of the aircraft contravenes this subregulation if the aircraft does not meet a requirement mentioned in subregulation (3).
(3) The requirements are as follows:
(a) a standard certificate of airworthiness must be in force for the aircraft;
(b) if the certificate of airworthiness is granted subject to a condition or requirement—the condition or requirement must be complied with;
(c) there must be either:
(i) a certificate of release to service for the most recent maintenance carried out on the aircraft; or
(ii) a maintenance release for the aircraft;
(d) the aircraft and each of the aircraft’s engines must have been maintained in accordance with the requirements prescribed by the Part 105 Manual of Standards.
(4) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.
105.090 Dropping things over populous areas
(1) A person contravenes this subregulation if:
(a) the person undertakes a parachute descent over a populous area; and
(b) the person causes a thing to be dropped:
(i) from the aircraft before the descent; or
(ii) during the descent; and
(c) the thing is dropped otherwise than in accordance with any requirements prescribed by the Part 105 Manual of Standards for the purposes of this paragraph.
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
105.095 Dropping things other than over populous areas
(1) A person contravenes this subregulation if:
(a) the person undertakes a parachute descent other than over a populous area; and
(b) the person causes a thing to be dropped:
(i) from the aircraft before the descent; or
(ii) during the descent; and
(c) either or both of the following apply:
(i) the thing is dropped otherwise than in accordance with an authorisation from a Part 105 ASAO to cause the thing to be dropped;
(ii) the thing is dropped otherwise than in accordance with any requirements prescribed by the Part 105 Manual of Standards for the purposes of this paragraph.
(2) A person contravenes this subregulation if:
(a) the person undertakes a parachute descent; and
(b) the person causes a thing to be dropped:
(i) from the aircraft before the descent; or
(ii) during the descent; and
(c) the thing creates a hazard to another aircraft, a person or property.
(3) A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).
Penalty: 50 penalty units.
Subpart 105.D—Operational requirements
105.100 Additional requirements in relation to parachuting activities
(1) The Part 105 Manual of Standards may prescribe additional requirements in relation to undertaking parachuting activities.
(2) Without limiting subregulation (1), the Part 105 Manual of Standards may prescribe requirements relating to the following:
(a) commencing parachute descents;
(b) the making of broadcasts by pilots in command of aircraft being operated to facilitate parachute descents;
(c) entering cloud during parachute descents;
(d) descents through different classes of airspace or in restricted areas;
(e) descents that involve landings near public gatherings;
(f) descents that involve landings in populous areas;
(g) packing, inspecting, maintaining, assembling, repairing, modifying or altering reserve parachutes, reserve parachute assemblies or emergency parachutes;
(h) the safe management of parachuting drop zones.
(3) A person contravenes this subregulation if:
(a) the person is subject to a requirement mentioned in subregulation (1); and
(b) the person does not comply with the requirement.
(4) A person commits an offence of strict liability if the person contravenes subregulation (3).
Penalty: 50 penalty units.
105.105 Restraint of persons other than flight crew members
(1) The pilot in command of an aircraft contravenes this subregulation if:
(a) the aircraft is being operated to facilitate a parachute descent; and
(b) a person is carried on the aircraft who is not a flight crew member; and
(c) the person is not provided with any of the following restraint devices:
(i) a seatbelt;
(ii) a shoulder harness;
(iii) a single‑point or dual‑point restraint that is an approved restraint device.
(2) The pilot in command of an aircraft contravenes this subregulation if:
(a) the aircraft is being operated to facilitate a parachute descent; and
(b) a person is carried on the aircraft who is not a flight crew member; and
(c) the person:
(i) is provided with a restraint device mentioned in paragraph (1)(c); but
(ii) is not provided with instructions for the use of the device.
(3) The pilot in command of an aircraft contravenes this subregulation if:
(a) the aircraft is being operated to facilitate a parachute descent; and
(b) a person is carried on the aircraft who is not a flight crew member; and
(c) the person is provided with a restraint device mentioned in paragraph (1)(c); and
(d) before doing any of the following, the requirement mentioned in subregulation (4) is not met:
(i) taxiing;
(ii) taking off;
(iii) landing.
(4) The requirement is that the person must be directed to fasten the person’s restraint device.
(5) The pilot in command of an aircraft contravenes this subregulation if:
(a) the aircraft is being operated to facilitate a parachute descent; and
(b) a person is carried on the aircraft who is not a flight crew member; and
(c) the person is provided with a restraint device mentioned in paragraph (1)(c); and
(d) the pilot in command has reason to believe it is necessary, for the safety of the person, that the person’s restraint device is fastened; and
(e) the pilot in command does not direct the person to fasten the person’s restraint device.
(6) A person commits an offence of strict liability if the person contravenes subregulation (1), (2), (3) or (5).
Penalty: 50 penalty units.
(7) For the purposes of this regulation, a restraint device is an approved restraint device if it is approved by CASA under regulation 21.305.
105.110 Persons other than flight crew members—compliance with safety directions
(1) A person contravenes this subregulation if:
(a) a person is carried on an aircraft being operated to facilitate a parachute descent; and
(b) the person is not a flight crew member; and
(c) a direction mentioned in subregulation 105.105(4) or paragraph 105.105(5)(e) is given to the person; and
(d) the person does not comply with the direction.
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
105.115 Restrictions on aircraft occupants for descents by trainee parachutists and tandem parachutists
(1) This regulation applies if an aircraft is being operated to facilitate a parachute descent by either or both of the following:
(a) a trainee parachutist;
(b) a tandem parachutist.
(2) The pilot in command of the aircraft contravenes this subregulation if a person is carried on the aircraft and the person is not:
(a) undertaking a parachute descent from the aircraft; or
(b) a crew member; or
(c) an officer, or delegate of CASA, who is on board the aircraft to carry out the officer’s or delegate’s duties; or
(d) performing a duty in accordance with the exposition of a Part 105 ASAO; or
(e) authorised by a Part 105 ASAO to be carried on the flight for training purposes.
(3) Subregulation (2) does not apply if:
(a) the aircraft is a manned free balloon; and
(b) the pilot in command holds an authorisation from a Part 105 ASAO to carry the person on board the balloon.
(4) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (3): see subsection 13.3(3) of the Criminal Code.
Subpart 105.G—Personnel fatigue management
105.120 Management of fatigue in relation to persons exercising certain parachute descent duties
(1) The Part 105 Manual of Standards may prescribe requirements in relation to managing the risk of fatigue in persons who exercise a duty in relation to the operation of aircraft being operated to facilitate parachute descents.
(2) A person contravenes this subregulation if:
(a) the person is subject to a requirement mentioned in subregulation (1); and
(b) the person does not comply with the requirement.
(3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.
Subpart 105.J—Weight and balance
105.125 Loading of aircraft used for parachute descents
(1) The Part 105 Manual of Standards may prescribe requirements in relation to the loading of aircraft being operated to facilitate a parachute descent.
(2) Without limiting subregulation (1), the Part 105 Manual of Standards may prescribe requirements relating to one or more of the following:
(a) aircraft loading procedures that must be followed;
(b) aircraft loading system requirements;
(c) the making and retention of aircraft loading records.
(3) A person contravenes this subregulation if:
(a) the person is subject to a requirement mentioned in subregulation (1); and
(b) the person does not comply with the requirement.
(4) A person commits an offence of strict liability if the person contravenes subregulation (3).
Penalty: 50 penalty units.
Subpart 105.K—Instruments, indicators, equipment and systems
105.130 Requirements relating to radio equipment and oxygen equipment
(1) The Part 105 Manual of Standards may prescribe requirements relating to one or more of the following:
(a) radio equipment that must be carried on aircraft that are being operated to facilitate parachute descents;
(b) oxygen equipment that must be carried on aircraft that are being operated to facilitate parachute descents;
(c) the circumstances in which equipment mentioned in paragraph (a) or (b) must be used.
(2) A person contravenes this subregulation if:
(a) the person is subject to a requirement mentioned in subregulation (1); and
(b) the person does not comply with the requirement.
(3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.
Subpart 105.N—Flight crew
105.135 Pilot requirements for parachute descents—Part 103 aircraft
(1) This regulation applies if a Part 103 aircraft is being operated to facilitate a parachute descent.
(2) The pilot in command of the aircraft contravenes this subregulation if:
(a) the pilot does not satisfy the requirements prescribed by the Part 105 Manual of Standards for the purposes of this paragraph; or
(b) the aircraft does not satisfy the requirements prescribed by the Part 105 Manual of Standards for the purposes of this paragraph.
(3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.
105.140 Pilot requirements for parachute descents—aeroplanes
(1) This regulation applies if an aeroplane (other than a Part 103 aircraft) is being operated to facilitate a parachute descent.
(2) The pilot in command of the aeroplane contravenes this subregulation if none of the following apply:
(a) the pilot holds an air transport pilot licence with an aeroplane category rating;
(b) the pilot holds a commercial pilot licence with an aeroplane category rating;
(c) the pilot has both:
(i) a private pilot licence with an aeroplane category rating; and
(ii) the aeronautical experience mentioned in regulation 61.610.
(3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.
105.145 Pilot requirements for parachute descents—helicopters
(1) This regulation applies if a helicopter (other than a Part 103 aircraft) is being operated to facilitate a parachute descent.
(2) The pilot in command of the helicopter contravenes this subregulation if none of the following apply:
(a) the pilot holds an air transport pilot licence with a helicopter category rating;
(b) the pilot holds a commercial pilot licence with a helicopter category rating;
(c) the pilot has both:
(i) a private pilot licence with a helicopter category rating; and
(ii) the aeronautical experience mentioned in regulation 61.610 in a helicopter.
(3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.
105.150 Pilot requirements for parachute descents—powered‑lift aircraft
(1) This regulation applies if a powered‑lift aircraft is being operated to facilitate a parachute descent.
(2) The pilot in command of the aircraft contravenes this subregulation if none of the following apply:
(a) the pilot holds an air transport pilot licence with a powered‑lift aircraft category rating;
(b) the pilot holds a commercial pilot licence with a powered‑lift aircraft category rating;
(c) the pilot has both:
(i) a private pilot licence with a powered‑lift aircraft category rating; and
(ii) the aeronautical experience mentioned in regulation 61.610 in a powered‑lift aircraft.
(3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.
105.155 Pilot requirements for parachute descents—manned free balloons
(1) This regulation applies if a manned free balloon is being operated to facilitate a parachute descent.
(2) The pilot in command of the balloon contravenes this subregulation if none of the following apply:
(a) the pilot holds a commercial pilot (balloon) licence;
(b) the pilot has both:
(i) an authorisation from a Part 131 ASAO that authorises the pilot to operate a manned free balloon; and
(ii) at least 75 hours of experience as pilot in command of a manned free balloon;
(c) the pilot meets the requirements prescribed by the Part 105 Manual of Standards for the purposes of this subregulation.
(3) A person commits an offence of strict liability if the person contravenes subregulation (2).
Penalty: 50 penalty units.
7 Subregulation 149.285(2)
Repeal the subregulation, substitute:
(2) An ASAO must ensure that the ASAO’s personnel have ready access to the reference materials.
8 Subpart 202.FE
Repeal the Subpart, substitute:
Subpart 202.FE—Transitional provisions for Part 105 (Parachuting from aircraft)
Division 202.FE.1—Amendments made by the Civil Aviation Legislation Amendment (Parts 103, 105 and 131) Regulations 2019
202.500 Definitions for Division 202.FE.1
In this Division:
amending regulations means the Civil Aviation Legislation Amendment (Parts 103, 105 and 131) Regulations 2019.
202.501 Application of Part 105 to parachuting activities
Part 105, as inserted by Schedule 2 to the amending regulations, applies in relation to parachuting activities undertaken on or after 2 December 2021.
202.502 Transitional—parachute descents authorised by CASA
(1) Despite regulation 202.501, Part 105 does not apply in relation to a parachute descent if the descent is authorised by, and conducted in accordance with:
(a) instrument CASA 263/02 or instrument CASA 36/19 (as either is in force from time to time); and
(b) if the descent is being undertaken by a trainee parachutist or tandem parachutist—instrument CASA 11/17 or instrument CASA 84/18 (as either is in force from time to time); and
(c) subsection 15 of Civil Aviation Order 20.16.3 (as in force immediately before 2 December 2021).
(2) If Part 105 does not apply to a parachute descent because of the operation of subregulation (1), Part 105 also does not apply to any other parachuting activity undertaken for the purposes of the descent.
(3) Despite the repeal of regulation 152 of CAR by Schedule 2 to the amending regulations, instruments CASA 263/02 and CASA 36/19 (as in force immediately before the commencement of Schedule 2 to the amending regulations) continue in force (and may be dealt with) after that commencement as if that repeal had not happened.
(4) This regulation is repealed at the end of the day that is 3 years after the day on which the Civil Aviation Legislation Amendment (Part 149) Regulations 2018 commenced.
202.503 Transitional—manned free balloons
(1) Despite regulation 202.501, a pilot in command of a manned free balloon that is being operated to facilitate a parachute descent is taken to satisfy subparagraph 105.155(2)(b)(i) if the pilot meets the requirements specified in Civil Aviation Order 95.54.
(2) This regulation is repealed at the end of the day that is 3 years after the day on which the Civil Aviation Legislation Amendment (Part 149) Regulations 2018 commenced.
9 Part 1 of the Dictionary
Insert:
emergency parachute: see regulation 105.010.
10 Part 1 of the Dictionary (at the end of the definition of major defect)
Add:
; and (c) for an emergency parachute—see regulation 105.010; and
(d) for a reserve parachute—see regulation 105.010.
11 Part 1 of the Dictionary
Insert:
parachute has a meaning affected by regulation 105.010.
parachute operator: see regulation 105.010.
parachuting activity: see regulation 105.010.
Part 105 ASAO: see regulation 105.010.
Part 105 Manual of Standards means the Manual of Standards issued by CASA under regulation 105.015.
reserve parachute: see regulation 105.010.
reserve parachute assembly: see regulation 105.010.
tandem parachutist: see regulation 105.010.
trainee parachutist: see regulation 105.010.
Schedule 3—Amendments relating to Part 131
Civil Aviation Safety Regulations 1998
1 After Part 129
Insert:
Part 131—Balloons and hot air airships
Table of contents
Subpart 131.A—Preliminary
131.005 Application of Part 131
131.010 Definition of balloon transport operation
131.015 Definitions of balloon transport AOC and balloon transport operator
131.020 Definition of specialised balloon operation
131.025 Definition of Part 131 recreational activity
131.030 Definition of significant change
131.035 Approvals by CASA for Part 131
131.040 Prescribed purpose—balloon transport operations
131.045 Prescribed position—safety manager
131.050 Required material—reference library
131.055 Issue of Manual of Standards for Part 131
Subpart 131.B—Operator certification and management
Division 131.B.1—Requirement for certification for balloon transport operations
131.060 Balloon transport AOC required to conduct balloon transport operations
131.065 Compliance with balloon transport AOC
131.070 Compliance with conditions of balloon transport AOC
Division 131.B.2—Balloon transport AOCs
131.075 Application for balloon transport AOC
131.080 Conditions for issue of balloon transport AOC
131.085 Approval of exposition
131.090 Conditions of balloon transport AOCs
Division 131.B.3—Changes relating to balloon transport operators
131.095 Changes of name etc.
131.100 Application for approval of significant changes
131.105 Approval of significant changes
131.110 Changes must be made in accordance with process in exposition
131.115 CASA directions relating to exposition or key personnel
Division 131.B.4—Organisation and personnel
131.120 Organisation and personnel
131.125 Key personnel cannot carry out responsibilities
131.130 Familiarisation training for key personnel
131.135 Chief executive officer—experience
131.140 Chief executive officer—responsibilities and accountabilities
131.145 Head of flying operations—qualifications and experience
131.150 Head of flying operations—responsibilities
131.155 Head of training and checking—qualifications and experience
131.160 Head of training and checking—responsibilities
131.165 Safety manager—experience
131.170 Safety manager—responsibilities
131.175 Key personnel—additional qualification and experience requirements
Division 131.B.5—Systems
131.180 Safety management system requirements
131.185 Training and checking system
131.190 Fatigue management system
Division 131.B.6—Expositions for balloon transport operators
131.195 Content of exposition
131.200 Compliance with exposition by operator
131.205 Providing personnel with exposition
131.210 Compliance with exposition by personnel
Division 131.B.7—Records and documents
131.215 Personnel training and checking records—making records
131.220 Personnel training and checking records—availability of records
131.225 Copies of balloon flight crew licences and medical certificates
131.230 Retention periods for personnel records
Division 131.B.8—Miscellaneous offences
131.235 Dealings in relation to cancelled, suspended, varied, pending or refused civil aviation authorisations
131.240 Maximum period for use of foreign registered Part 131 aircraft in Australian territory
Subpart 131.C—General
Division 131.C.1—General flight limitations
131.245 Pilots must be authorised
131.250 Simulation of emergency or abnormal situations
Division 131.C.2—Operational documents
131.255 Compliance with flight manual
131.260 Availability of checklists
Division 131.C.3—Flight related documents
131.265 Electronic documents
131.270 Availability of parts of exposition
131.275 Carriage of documents
131.280 Keeping documents with a person on the ground during flight
Division 131.C.4—Reporting and recording information
131.285 Reporting and recording information
Division 131.C.5—Search and rescue services and emergency and survival equipment
131.290 Information about search and rescue services
131.295 Information about emergency and survival equipment
Division 131.C.6—Miscellaneous requirements for balloons
131.300 Competence of ground support personnel
131.305 Flights over populous areas, public gatherings and other areas
131.310 Dropping things from aircraft
131.315 Flights at night
131.320 Use of supplemental oxygen equipment etc.
131.325 Specialised balloon operations
131.330 Additional requirements for specialised balloon operations
Subpart 131.D—Operational procedures
Division 131.D.1—Operational control
Division 131.D.2—Flight preparation
131.340 Flight preparation requirements
Division 131.D.3—Flight notifications and pre‑flight checks
131.345 Balloon flight notification requirements
131.350 Matters to be checked before take‑off
Division 131.D.4—Flight rules
Subdivision 131.D.4.1—General
131.353 Air traffic services—prescribed requirements
131.354 Use of radio—broadcasts and reports
131.355 Additional right of way rules
131.360 Operations at non‑controlled aerodromes
131.365 Flights over water
Subdivision 131.D.4.2—Visual flight rules
131.367 VFR flights
Division 131.D.5—Taking off, landing and ground operations
131.370 Procedures for safety during ground operations
131.375 Operation of Part 131 aircraft while tethered
Division 131.D.6—Fuel requirements
131.380 Fuel and ballast procedures
131.385 Fuel and ballast requirements
Division 131.D.7—Safety of persons on aircraft and cargo requirements
131.390 Smoking not permitted during flight or within 15 metres of Part 131 aircraft
131.395 Certain Part 131 aircraft to have signage about smoking
131.400 Carriage of infants
131.405 Carriage of persons requiring assistance
131.410 Passengers—safety briefings and instructions
131.415 Safety briefing in the event of an emergency
131.420 Passengers—compliance with safety directions
131.425 Restraint of cargo
131.430 Procedures relating to carriage of animals
Division 131.D.8—Miscellaneous
131.435 Training flight limitations
131.440 Test flights
Subpart 131.F—Performance
131.445 Loading weights
131.450 Loading procedures
131.455 Carriage of passengers
Subpart 131.K—Equipment
131.460 Requirements relating to equipment
Subpart 131.M—Continuing airworthiness
Subpart 131.N—Flight crew
131.565 Qualifications and training for pilots
Subpart 131.P—Other operational safety‑critical personnel
Division 131.P.1—Ground support personnel
131.570 Qualifications and training for ground support personnel
Division 131.P.2—Other operational support personnel
Subpart 131.R—Part 131 recreational activities
131.580 Part 131 recreational activities must be authorised
131.585 Procedures for carrying hang gliders
Subpart 131.S—Balloon flight crew licensing
Subpart 131.Z—Tethered gas balloons
131.685 Approval required to operate
131.690 Compliance with Part 131 Manual of Standards
131.695 Operation under cloud
131.700 Operation at night
131.705 Rapid deflation device required
131.710 What to do if balloon escapes
Subpart 131.A—Preliminary
131.005 Application of Part 131
Penalty: 50 penalty units.
131.700 Operation at night
(1) A person contravenes this subregulation if:
(a) the person operates a tethered gas balloon at night at or above 400 ft above ground level; and
(b) the balloon is not lit so as to be visible from at least 4,000 metres away.
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
131.705 Rapid deflation device required
(1) A person contravenes this subregulation if:
(a) the person operates a tethered gas balloon; and
(b) the balloon is not fitted with a device that will cause it to deflate rapidly and completely if it escapes from its mooring.
(2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
131.710 What to do if balloon escapes
(1) A person contravenes this subregulation if:
(a) the person operates a tethered gas balloon; and
(b) the balloon escapes from its mooring; and
(c) the balloon is not deflated completely using a deflation device; and
(d) the person does not comply with the requirement in subregulation (2).
(2) The requirement is that the person must tell Air Traffic Services as soon as possible:
(a) where the balloon was launched; and
(b) what time it broke free; and
(c) the direction it was headed when last seen.
(3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
2 Part 1 of the Dictionary
Insert:
balloon flight notification requirements: see subregulation 131.345(1).
balloon flight preparation (weather assessments) requirements: see subregulation 131.340(1).
CAR certificate of validation means a certificate issued under regulation 5.27 of CAR.
commercial (balloon) pilot licence means a commercial pilot (balloon) licence issued under Part 5 of CAR.
flight radiotelephone operator licence means a flight radiotelephone operator licence issued under Part 5 of CAR.
Part 131 aircraft: see subregulation 131.005(2).
Part 131 ASAO means an ASAO whose approved functions include administering a Part 131 recreational activity.
Part 131 Manual of Standards means the Manual of Standards issued by CASA under regulation 131.055.
Part 131 pilot authorisation means:
(a) a commercial pilot (balloon) licence; or
(b) a CAR certificate of validation; or
(c) an authorisation from a Part 131 ASAO that authorises the holder to operate a Part 131 aircraft; or
(d) a flight radiotelephone operator licence.
Part 131 recreational activity: see subregulation 131.025(1).
Schedule 4—Other amendments
Civil Aviation Safety Amendment (Operations Definitions) Regulations 2019
1 Item 21 of Schedule 1 (definition of operational safety‑critical personnel)
Repeal the definition, substitute:
operational safety‑critical personnel, for an Australian air transport operator, an aerial work operator or a balloon transport operator:
(a) means personnel carrying out, or responsible for, safety‑related work, including:
(i) personnel carrying out roles that have direct contact with the physical operation of aeroplanes, rotorcraft or Part 131 aircraft used in the operator’s Australian air transport operations, aerial work operations or balloon transport operations; and
(ii) personnel carrying out roles that have operational contact with personnel who operate aeroplanes, rotorcraft or Part 131 aircraft used in those operations; and
(iii) personnel described as operational safety‑critical personnel in the operator’s exposition or operations manual; but
(b) does not include personnel who are employed or engaged by the operator (whether by contract or other arrangement) and are engaged in:
(i) the provision of continuing airworthiness management services for aeroplanes, rotorcraft or Part 131 aircraft used in the operator’s Australian air transport operations, aerial work operations or balloon transport operations; or
(ii) carrying out maintenance on an aeroplane, rotorcraft, Part 131 aircraft or aeronautical product on behalf of an approved maintenance organisation.
2 Item 27 of Schedule 1 (definition of special VFR)
Repeal the definition, substitute:
special VFR means:
(a) for an aircraft other than a Part 131 aircraft—the visual flight rules prescribed by the Part 91 Manual of Standards; or
(b) for a Part 131 aircraft—the visual flight rules prescribed by the Part 131 Manual of Standards.
3 Item 29 of Schedule 1 (definition of VMC criteria)
Repeal the definition, substitute:
VMC criteria:
(a) for a class of aircraft (other than Part 131 aircraft) and a class of airspace (including flight visibility and distance from cloud)—means the criteria prescribed for the class of aircraft and class of airspace by the Part 91 Manual of Standards; and
(b) for Part 131 aircraft and a class of airspace (including flight visibility and distance from cloud)—means the criteria prescribed for the aircraft and class of airspace by the Part 131 Manual of Standards.
Civil Aviation Safety Amendment (Part 91) Regulations 2018
4 Item 1 of Schedule 1 (after the heading to regulation 91.030)
Insert:
Part 101
5 Item 1 of Schedule 1 (regulation 91.030)
Before “This Part”, insert “(1)”.
6 Item 1 of Schedule 1 (regulation 91.030)
Omit “, 103 or 131”.
7 Item 1 of Schedule 1 (at the end of regulation 91.030)
Add:
Part 103
(2) The following provisions of this Part do not apply to the operation of a Part 103 aircraft:
(a) regulation 91.105;
(b) regulations 91.110 and 91.115;
(c) regulation 91.145;
(d) regulation 91.190;
(e) regulation 91.245;
(f) regulation 91.250;
(g) regulation 91.320;
(h) regulations 91.425 and 91.430;
(i) regulations 91.545 and 91.550;
(j) regulation 91.560;
(k) regulations 91.570 and 91.575;
(l) regulation 91.585;
(m) regulations 91.590 to 91.615;
(n) regulation 91.635;
(o) regulations 91.720 and 91.725;
(p) regulations 91.780 and 91.785;
(q) Subpart 91.K;
(r) regulation 91.915.
Part 131
(3) The following provisions of this Part do not apply to the operation of a Part 131 aircraft:
(a) Division 91.C.3;
(b) regulation 91.190;
(c) Divisions 91.D.2 and 91.D.3;
(d) Subdivisions 91.D.4.1 and 91.D.4.3;
(e) regulation 91.335;
(f) regulation 91.355;
(g) Subdivision 91.D.4.6 (other than regulation 91.360);
(h) regulation 91.445;
(i) regulation 91.455;
(j) regulation 91.480;
(k) regulation 91.510;
(l) regulation 91.515;
(m) Division 91.D.7 (other than regulations 91.520, 91.525, 91.600 and 91.620);
(n) Subpart 91.F;
(o) Subpart 91.J;
(p) Subpart 91.K;
(q) Subpart 91.P.
8 Item 1 of Schedule 1 (regulation 91.035)
Repeal the heading, substitute:
91.035 Application of Part 91—certain provisions of this Part do not apply if provisions of Part 105, 121, 133, 135 or 138 apply
9 Item 1 of Schedule 1 (subregulation 91.035(1))
After “provision of Part”, insert “105,”.
10 Item 1 of Schedule 1 (subregulation 91.035(1) (table heading))
After “provisions of Part”, insert “105,”.
11 Item 1 of Schedule 1 (subregulation 91.035(1) (table, heading to column 2))
After “of Part”, insert “105,”.
12 Item 1 of Schedule 1 (subregulation 91.035(1) (cell at table item 3, column 2))
Repeal the cell, substitute:
| Regulation 105.090 Regulation 105.095 Regulation 138.425 |
13 Item 1 of Schedule 1 (subregulation 91.035(1) (cell at table item 12, column 2))
Repeal the cell, substitute:
| Regulation 105.105 Regulation 138.375 |
14 Item 1 of Schedule 1 (subregulation 91.035(1) (after table item 12))
Insert:
| 12A | Regulation 91.575 | Regulation 105.110 |
15 Item 1 of Schedule 1 (regulation 91.065)
Repeal the regulation, substitute:
91.065 Flying aircraft under VFR or IFR
(1) The pilot in command of an aircraft for a flight, other than a Part 103 aircraft or a Part 131 aircraft, contravenes this subregulation if, at any time during the flight, the aircraft is not flown under the VFR or IFR.
(2) The pilot in command of a Part 103 aircraft for a flight contravenes this subregulation if any part of the flight takes place other than by day and under the VFR.
(3) The pilot in command of a Part 131 aircraft for a flight contravenes this subregulation if any part of the flight takes place other than under the VFR.
(4) A person commits an offence of strict liability if the person contravenes subregulation (1), (2) or (3).
Penalty: 50 penalty units.
16 Item 1 of Schedule 1 (paragraph 91.155(1)(b))
Repeal the paragraph, substitute:
(b) any of the following apply:
(i) for an Australian aircraft other than a Part 103 aircraft or a Part 131 aircraft—the person is not authorised to pilot the aircraft under Part 61;
(ii) for a foreign registered aircraft—the person is not qualified to pilot the aircraft under the law of the aircraft’s State of registry or the State of the operator;
(iii) for a Part 103 aircraft—the person is not authorised to pilot the aircraft by a Part 103 ASAO;
(iv) for a Part 131 aircraft—the person is not authorised to pilot the aircraft by a Part 131 pilot authorisation.
17 Item 1 of Schedule 1 (paragraph 91.155(2)(b))
Repeal the paragraph, substitute:
(b) any of the following apply:
(i) for an Australian aircraft other than a Part 103 aircraft or a Part 131 aircraft—the person is not authorised to pilot the aircraft under Part 61;
(ii) for a foreign registered aircraft—the person is not qualified to pilot the aircraft under the law of the aircraft’s State of registry or the State of the operator;
(iii) for a Part 103 aircraft—the person is not authorised to pilot the aircraft by a Part 103 ASAO;
(iv) for a Part 131 aircraft—the person is not authorised to pilot the aircraft by a Part 131 pilot authorisation.
18 Item 1 of Schedule 1 (after subregulation 91.200(2))
Insert:
(2A) Subregulation (1) does not apply if:
(a) the aircraft is being operated to facilitate a parachute descent; and
(b) the requirements prescribed by the Part 105 Manual of Standards are met.
19 Item 1 of Schedule 1 (note to subregulation 91.200(3))
After “(2)”, insert “or (2A)”.
20 Item 1 of Schedule 1 (after subregulation 91.205(1))
Insert:
(1A) Subregulation (1) does not apply if the requirements prescribed by the Part 91 Manual of Standards for the purposes of this subregulation are met in relation to the flight.
21 Item 1 of Schedule 1 (at the end of regulation 91.205)
Add:
Note: A defendant bears an evidential burden in relation to the matters in subregulation (1A): see subsection 13.3(3) of the Criminal Code.
22 Item 1 of Schedule 1 (paragraph 91.270(2)(b))
Repeal the paragraph, substitute:
(b) for an aircraft (other than a Part 131 aircraft)—fly the aircraft out of the area; and
(c) for a Part 131 aircraft:
(i) fly the aircraft out of the area; or
(ii) if it is not possible to fly the aircraft out of the area—land the aircraft and inform the authority controlling the area as soon as is practicable.
23 Item 1 of Schedule 1 (after subregulation 91.275(1))
Insert:
(1A) Subregulation (1) does not apply in relation to a Part 131 aircraft if the pilot in command of the aircraft lands the aircraft and informs the authority controlling the area as soon as is practicable after entering the air defence identification zone.
24 Item 1 of Schedule 1 (at the end of regulation 91.275)
Add:
Note: A defendant bears an evidential burden in relation to the matters in subregulation (1A): see subsection 13.3(3) of the Criminal Code.
25 Item 1 of Schedule 1 (at the end of subregulation 91.285(2))
Add:
; (d) the aircraft is a glider in soaring flight.
26 Item 1 of Schedule 1 (paragraph 91.285(3)(b))
Omit “clearance to fly the aircraft at that cruising level”, substitute “an air traffic control instruction, or an air traffic control clearance, to fly the aircraft other than at a specified VFR cruising level for the track”.
27 Item 1 of Schedule 1 (after subregulation 91.335(5))
Insert:
(5A) Paragraph (2)(b) does not apply if:
(a) the aircraft is a glider engaged in ridge or hill soaring; and
(b) the pilot flies the aircraft so that it passes between the ridge or hill and the other aircraft.
28 Item 1 of Schedule 1 (note to regulation 91.335)
After “(5)”, insert “, (5A)”.
29 Item 1 of Schedule 1 (subregulation 91.370(2))
After “subject aircraft” (first occurring), insert “(other than a glider being towed by a glider tug)”.
30 Item 1 of Schedule 1 (subregulation 91.370(4))
After “subject aircraft” (first occurring), insert “(other than a glider)”.
31 Item 1 of Schedule 1 (at the end of subregulation 91.370(4))
Add:
Note: Regulation 91.055 prohibits an aircraft (including a glider) being operated in a manner that creates a hazard to another aircraft, a person or property.
32 Item 1 of Schedule 1 (subregulation 91.385(2))
Repeal the subregulation, substitute:
(2) Subregulation (1) not apply to the pilot in command of an aircraft if:
(a) the aircraft is a seaplane or amphibian and the pilot in command contravenes the subregulation only to the extent necessary:
(i) to avoid an obstacle; or
(ii) to avoid undue noise over a populous area without compromising the aircraft’s safety; or
(iii) for a single‑engine seaplane or amphibian—to enable the aircraft to land on water if its engine fails; or
(b) the aircraft is a glider (other than a glider with an engine operating) and the pilot in command contravenes the subregulation only to the extent necessary to enable the aircraft to land safely.
33 Item 1 of Schedule 1 (subregulation 91.390(1))
After “rotorcraft”, insert “, a glider or a powered parachute”.
34 Item 1 of Schedule 1 (paragraph 91.395(2)(c))
Omit “other than an approach carried out in IMC using an instrument approach procedure”, substitute “other than an approach covered by subregulation (2A)”.
35 Item 1 of Schedule 1 (after subregulation 91.395(2))
Insert:
(2A) An approach is covered by this subregulation if:
(a) the approach is carried out in IMC using an instrument approach procedure; or
(b) the approach is by a Part 103 aircraft prescribed by the Part 103 Manual of Standards for the purposes of this paragraph.
36 Item 1 of Schedule 1 (at the end of paragraph 91.400(3)(d))
Add:
; or (iii) if the aircraft is a Part 103 aircraft—authorised to operate the radio by a Part 103 ASAO.
37 Item 1 of Schedule 1 (subregulation 91.405(3))
After “an aircraft”, insert “(other than a Part 131 aircraft)”.
38 Item 1 of Schedule 1 (subparagraphs 91.415(1)(b)(i) and (ii))
After “aircraft”, insert “other than a Part 103 aircraft”.
39 Item 1 of Schedule 1 (at the end of paragraph 91.415(1)(b))
Add:
; (v) for a Part 103 aircraft—the person is not authorised by a Part 103 ASAO to taxi the aircraft.
40 Item 1 of Schedule 1 (paragraph 91.465(2)(a))
After “aircraft”, insert “(other than a Part 131 aircraft)”.
41 Item 1 of Schedule 1 (paragraph 91.475(2)(a))
Omit “at least 2 fire extinguishers”, substitute “at least the number of fire extinguishers mentioned in subregulation (2A)”.
42 Item 1 of Schedule 1 (after subregulation 91.475(2))
Insert:
(2A) For the purposes of paragraph (2)(a) the number of fire extinguishers is:
(a) for an aircraft other than a Part 131 aircraft—2; and
(b) for a Part 131 aircraft—one.
43 Item 1 of Schedule 1 (after subregulation 91.510(2))
Insert:
(2A) Subregulation (1) or (2) does not apply in relation to the replacement of fuel cylinders on a Part 131 aircraft.
44 Item 1 of Schedule 1 (at the end of regulation 91.510)
Add:
Note: A defendant bears an evidential burden in relation to the matters in subregulation (2A): see subsection 13.3(3) of the Criminal Code.
45 Item 1 of Schedule 1 (heading to regulation 91.530)
Repeal the heading, substitute:
91.530 When smoking not permitted
46 Item 1 of Schedule 1 (subregulations 91.530(1) and (2))
After “person on an aircraft”, insert “(other than a Part 103 aircraft)”.
47 Item 1 of Schedule 1 (after subregulation 91.530(3))
Insert:
(3A) A person on a Part 103 aircraft for a flight contravenes this subregulation if the person smokes on the aircraft.
48 Item 1 of Schedule 1 (subregulation 91.530(5))
Omit “or (2)”, substitute “, (2) or (3A)”.
49 Item 1 of Schedule 1 (subparagraph 91.625(1)(b)(i))
After “aircraft”, insert “(other than a Part 103 aircraft or a Part 131 aircraft)”.
50 Item 1 of Schedule 1 (at the end of paragraph 91.625(1)(b))
Add:
; 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.
51 Item 1 of Schedule 1 (paragraph 91.640(1)(b))
Omit “or eligible,”, substitute “eligible or authorised”.
52 Item 1 of Schedule 1 (subparagraph 91.640(1)(b)(i))
After “aircraft”, insert “(other than a Part 103 aircraft or a Part 131 aircraft)”.
53 Item 1 of Schedule 1 (subparagraph 91.640(1)(b)(ii))
Omit “and”, substitute “or”.
54 Item 1 of Schedule 1 (at the end of paragraph 91.640(1)(b))
Add:
(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
55 Item 1 of Schedule 1 (paragraph 91.670(1)(a))
After “an aircraft”, insert “other than a glider”.
56 Item 1 of Schedule 1 (paragraph 91.715(2)(c))
After “Part 61”, insert “, by a Part 103 ASAO or by a Part 131 pilot authorisation”.
57 Item 1 of Schedule 1 (paragraph 91.875(2)(c))
After “operation” insert “or a balloon transport operation”.
58 Item 1 of Schedule 1 (paragraph 91.885(b))
Repeal the paragraph, substitute:
(b) if paragraph (a) does not apply and the aircraft is a Part 103 aircraft—2; or
(c) in any other case—the lesser of the following:
(i) the number of persons the aircraft was designed to carry;
(ii) 6.
59 Item 1 of Schedule 1 (subparagraph 91.900(2)(b)(i))
Repeal the subparagraph, substitute:
(i) under Part 91 or Part 103; or
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
| ad = added or inserted | o = order(s) |
| am = amended | Ord = Ordinance |
| amdt = amendment | orig = original |
| c = clause(s) | par = paragraph(s)/subparagraph(s) |
| C[x] = Compilation No. x | /sub‑subparagraph(s) |
| Ch = Chapter(s) | pres = present |
| def = definition(s) | prev = previous |
| Dict = Dictionary | (prev…) = previously |
| disallowed = disallowed by Parliament | Pt = Part(s) |
| Div = Division(s) | r = regulation(s)/rule(s) |
| ed = editorial change | reloc = relocated |
| exp = expires/expired or ceases/ceased to have | renum = renumbered |
| effect | rep = repealed |
| F = Federal Register of Legislation | rs = repealed and substituted |
| gaz = gazette | s = section(s)/subsection(s) |
| LA = Legislation Act 2003 | Sch = Schedule(s) |
| LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
| (md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
| effect | SR = Statutory Rules |
| (md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
| cannot be given effect | SubPt = Subpart(s) |
| mod = modified/modification | underlining = whole or part not |
| No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
| Name | Registration | Commencement | Application, saving and transitional provisions |
| Civil Aviation Legislation Amendment (Parts 103, 105 and 131) Regulations 2019 | 16 Dec 2019 (F2019L01621) | Sch 1–3: 2 Dec 2021 (s 2(1) item 2) Remainder: 17 Dec 2019 (s 2(1) items 1, 3) | |
| Civil Aviation Legislation Amendment (Flight Operations—Miscellaneous Amendments) Regulations 2020 | 6 Oct 2020 (F2020L01283) | Sch 1 (items 1–21) and Sch 3 (items 1, 2): 7 Oct 2020 (s 2(1) items 2, 4) Sch 2 (item 1): 2 Dec 2021 (s 2(1) item 3) | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| s 2............................................. | am F2020L01283 |
| Schedule 1 | |
| item 1........................................ | am F2020L01283 |
| Schedule 2 | |
| item 8........................................ | am F2020L01283 |
| Schedule 3 | |
| item 1........................................ | am F2020L01283 |
| item 2........................................ | am F2020L01283 |
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