Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:17:p5
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 17 (pt 5/23)
Character Range: 1790897–1793707

use.

Division 91.C.5—Search and rescue services and emergency and survival equipment
Note: This Division is reserved for future use.

Division 91.C.6—Miscellaneous requirements for aircraft

91.140  Operating an Australian aircraft outside Australia
 (1) The operator and the pilot in command of an Australian aircraft for a flight in a foreign country each contravene this subregulation if:
 (a) a requirement of a law of the foreign country applies in relation to the flight; and
 (b) the aircraft is operated in a way that does not comply with the requirement.
 (2) The operator and the pilot in command of an Australian aircraft for a flight over the high seas each contravene this subregulation if:
 (a) a requirement of Annex 2 of the Chicago Convention applies in relation to the flight; and
 (b) the aircraft is operated in a way that does not comply with the requirement.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (1) or (2).
Penalty: 50 penalty units.

91.145  Requirements to be met before Australian aircraft may fly
 (1) The pilot in command of an Australian aircraft for a flight contravenes this subregulation if:
 (a) a requirement in subregulation (2) is not met; and
 (b) the flight begins.
 (2) The requirements are the following:
 (a) if the aircraft is required to be registered—the aircraft must be registered;
 (b) the aircraft must have a certificate of airworthiness or special flight permit;
 (c) the aircraft must meet the requirements prescribed by the Part 45 Manual of Standards (display of nationality marks, registration marks and aircraft registration identification plates);
 (d) if Part 42 does not apply to the aircraft:
 (i) a maintenance release, or other document approved for use under these Regulations as an alternative to a maintenance release, must be in force for the aircraft; and
 (ii) the flight must comply with any condition that is set out or referred to in the maintenance release or other document approved for use as an alternative to the maintenance release;
 (e) each flight crew member required under these Regulations for the flight must be on board the aircraft.
Note: CASA or an authorised person may direct that these requirements do not apply to an aircraft with a special flight permit: see regulation 21.197.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

91.150  Operating aircraft with inoperative equipment—placarding
 (1) The operator and the pilot in command of an aircraft for a flight each contravene this subregulation if:
 (a) the aircraft begins the flight with inoperative equipment; and
 (b) the equipment:
 (i) is required to be fitted to, or carried on, the aircraft by the certification basis for the