Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:3:p2
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 3 (pt 2/67)
Character Range: 2735040–2737890

Act in relation to varying AOC conditions.

Pending applications for authorisations
 (5) Subregulation (6) applies in relation to an application for a civil aviation authorisation that has not been finally determined by CASA.
 (6) For the purposes of paragraph (1)(b), the acts are the following:
 (a) to use, in a balloon transport operation, a Part 131 aircraft the operation of which would be authorised by the authorisation;
 (b) to employ, in a balloon transport operation, a person employed, or proposed to be employed, in connection with an operation that would be authorised by the authorisation;
 (c) to conduct an operation, or part of an operation, that would be authorised by the authorisation.

Application for authorisation refused
 (7) Subregulation (8) applies in relation to an application for a civil aviation authorisation that has been refused by CASA.
 (8) For the purposes of paragraph (1)(b), the acts are the following:
 (a) to use, in a balloon transport operation, a Part 131 aircraft the use of which would have been authorised by the authorisation;
 (b) to employ, in a balloon transport operation, a person employed, or proposed to be employed, in connection with an operation that would have been authorised by the authorisation;
 (c) to conduct an operation, or part of an operation, that would have been authorised by the authorisation.
 (9) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
 (10) In this regulation:
cancelled authorisation means a civil aviation authorisation that has been cancelled otherwise than on the application or request of the holder of the authorisation.
employ includes engage, whether by contract or other arrangement.

131.240  Maximum period for use of foreign registered Part 131 aircraft in Australian territory
 (1) A balloon transport operator contravenes this subregulation if, in any 12 month period, the operator uses a Part 131 aircraft that is a foreign registered aircraft to conduct balloon transport operations for a total of more than the number of days mentioned in subregulation (2).
 (2) The number of days is:
 (a) 90; or
 (b) if the operator holds an approval under regulation 131.035 in relation to the Part 131 aircraft—the number mentioned in the approval for the aircraft.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
Subpart 131.C—General

Division 131.C.1—General flight limitations

131.245  Pilots must be authorised
 (1) The operator and pilot in command of a Part 131 aircraft for a flight each contravene this subregulation if, during the flight, the requirement mentioned in subregulation (2) is not met.
 (2) The requirement is that the flight must be conducted by at least one pilot who holds a Part 131