Document ID: chunk:federal_register_of_legislation:F2024L01536:body:0:p7
Version: federal_register_of_legislation:F2024L01536
Segment Type: other
Provision Reference: 
Character Range: 15344–18178

(a) the flight is over a populous area that is not the built-up area of a city or town; or
(b) the flight is over a public gathering and the aeroplane is only passing over the public gathering for the purpose of:
           (i) arrival or departure from an aerodrome in the course of normal navigation; or
           (ii) transit, in the course of normal navigation.
       10.2 For the purposes of sub-subparagraph 10.1(h)(ii), a person must not operate a relevant aircraft in Class A, B, C or D airspace, or a restricted area unless the following conditions are satisfied:
(a) one of the following provisions applies:
 (i) a certificate of airworthiness under regulation 21.176 of CASR is in force for the aeroplane; or
 (ii) both:
            (A) an experimental certificate under regulation 21.195A of CASR is in force in relation to the aeroplane; and
            (B) an approval is in force under regulation 91.045 or 91.050 of CASR authorising flight in the aircraft over a populous area or public gathering, which approval imposes no conditions or limitations that would prevent the flight;
(b) the aircraft is fitted with a radio capable of two-way communication with air traffic control;
(c) the person:
           (i) holds a pilot licence with an aircraft category rating, the valid privileges of which include operating in controlled airspace and at a controlled aerodrome; and
           (ii) has a valid flight review for the aircraft's class rating under Part 61 of CASR;
(e) if the controlled airspace in which the aircraft is operating requires a transponder to be fitted — the aircraft is fitted with a transponder that is suitable for use in the airspace.
       10.3 Any radiocommunications equipment fitted to a relevant aircraft must not be used by a person unless:
(a) in the case of transmission in VHF frequency:
           (i) the person is authorised or qualified to transmit in VHF frequency under Part 61 of CASR; or
           (ii) the relevant sport aviation body has authorised the person to operate VHF radiocommunications equipment in accordance with its operations manual; or
(b) in any other case — the person is authorised or qualified to transmit in the relevant frequency in accordance with regulation 91.625 of CASR.
       10.4 A relevant aircraft that is fitted with, or carries, automatic dependent surveillance-broadcast equipment must comply with the requirements relating to the equipment in subsection 9B of CAO 20.18.
       10.5 A relevant aircraft that is fitted with, or carries, SSR transponder equipment must comply with the requirements relating to the equipment in subsections 9BA, 9C and 9E of CAO 20.18.

11 Flight height and separation limitations
Note   CASA may, by an approval under subsection 12, authorise a person to fly a relevant aircraft otherwise than in accordance