Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:12:p20
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 12 (pt 20/30)
Character Range: 2330960–2333820

or cancel the certification—CASA must, in writing:
 (i) give the operator notice accordingly; and
 (ii) if the certification was suspended under subregulation 101.360(3)—revoke the suspension.

Effect of suspension
 (3) If the certification of a person as an RPA operator is suspended under this regulation:
 (a) the operator is taken not to be a certified RPA operator during the period of suspension; and
 (b) the certification is not in force during the period of suspension stated in the notice under paragraph (2)(a).
Note 1: CASA may also impose a condition on the certification, or vary an existing condition of the certification—see regulation 11.067.
Note 2: Regulation 201.004 provides for review of certain decisions by the Administrative Review Tribunal.

101.370  Compliance with RPA operator's practices and procedures
  A person commits an offence of strict liability if the person:
 (a) is a member of an RPA operator's personnel; and
 (b) is subject to a requirement under the RPA operator's documented practices and procedures; and
 (c) does not comply with the requirement.
Penalty: 50 penalty units.

Division 101.F.5—Operation of certain RPA for hire or reward

101.371  Application of Division 101.F.5
 (1) This Division applies in relation to the first operation of a very small RPA, a small RPA or a medium RPA while the RPA is an excluded RPA under any of the following provisions:
 (a) subregulation 101.237(3) (a very small RPA being operated in standard RPA operating conditions);
 (b) subregulation 101.237(4) (a small RPA being operated in certain circumstances);
 (c) subregulation 101.237(7) (a medium RPA being operated in certain circumstances).
 (2) The first operation of an RPA while it is an excluded RPA under a provision mentioned in subregulation (1) is its first operation, while it is such an excluded RPA, in each period during which it is registered under Subpart 47.C.

101.372  Notice of certain operations
 (1) Before the first operation of an RPA to which this Division applies (whether by the registration holder for the RPA or another person), the registration holder must notify CASA of the operation, in writing, in a form and manner approved by CASA.
 (2) A registration holder for an RPA commits an offence of strict liability if:
 (a) the registration holder is subject to the requirement under subregulation (1) in relation to the RPA; and
 (b) the registration holder fails to comply with the requirement.
Penalty: 50 penalty units.
 (3) Subregulations (1) and (2) do not apply if the registration holder, or another person, is certified under Division 101.F.4 to conduct the operation.
Note: A defendant bears an evidential burden in relation to the matter in this subregulation—see subsection 13.3(3) of the Criminal Code.

101.373  Notification of changes in relation to operating very small RPA for