Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p29
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 29/76)
Character Range: 1907887–1910724

a pilot who is qualified, eligible or authorised to use the radio:
 (i) for an Australian aircraft (other than a Part 103 aircraft or a Part 131 aircraft)—under Part 61 or 64; or
 (ii) for a foreign registered aircraft—under a law of the aircraft's State of registry or the State of the operator; 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; and
 (c) the aircraft is outside controlled airspace; and
 (d) radio transmissions are not continuously monitored by:
 (i) the pilot in command of the aircraft for the flight; or
 (ii) another pilot who occupies a pilot seat during the flight.
 (2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

91.645  Availability of instructions for flight data and combination recorders
 (1) The operator of an aircraft for a flight contravenes this subregulation if, when the aircraft begins the flight:
 (a) the aircraft is required to be fitted with a flight data recorder or combination recorder by these Regulations; and
 (b) the operator does not have the instructions for the recorder available for immediate provision to the Australian Transport Safety Bureau.
 (2) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

91.650  Flight recorders—preserving recordings of immediately reportable matters
 (1) The operator of an aircraft for a flight contravenes this subregulation if:
 (a) the aircraft is fitted with an operative flight data recorder, operative cockpit voice recorder or operative combination recorder; and
 (b) an immediately reportable matter occurs in relation to the aircraft; and
 (c) the requirement mentioned in subregulation (2) is not met.
 (2) The requirement is that recordings from the flight data recorder, cockpit voice recorder and combination recorder related to the occurrence of the matter, and the recorders, are preserved:
 (a) if the Australian Transport Safety Bureau notifies the operator, within 72 hours of the matter being reported to the Australian Transport Safety Bureau under section 18 of the Transport Safety Investigation Act 2003:
 (i) that the operator is not required to preserve the recordings and recorders—until the time of that notification; or
 (ii) that the operator is required to preserve the recordings and recorders for a certain period—until the end of that period; or
 (iii) that the operator is required to preserve the recordings for a certain period but is not required to preserve the recorders—until the end of that period for the recordings, and until the time of that notification for the recorders; or
 (b) in any other case—until 72 hours after the matter is reported to the Australian Transport Safety Bureau