Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:7:p4
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 7 (pt 4/51)
Character Range: 2375238–2378095

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