Document ID: chunk:federal_register_of_legislation:F2024L01539:reg:5:p3
Version: federal_register_of_legislation:F2024L01539
Segment Type: reg
Provision Reference: reg 5 (pt 3/4)
Character Range: 23147–25794

with a serviceable radiocommunication system and an automatic ELT or survival ELT:
           (i) 25 nautical miles from a suitable landing area; or
           (ii) in the case of a flight between Tasmania and mainland Australia in either direction — a longer route if taking advantage of safer weather conditions.
       8.1J A relevant aircraft must not be flown over a populous area or public gathering unless:
(a) a certificate of airworthiness is in force under regulation 21.176 of CASR in relation to the aircraft, or would be in force were it not for the operation of paragraph 21.181(4)(a) of CASR; or
(b) for an aircraft described in item 1 of Table 1 in paragraph 4.1 that has been wholly built and assembled by a commercial manufacturer — an SAB flight permit is in force in relation to the aircraft; or
(c) subject to paragraph 8.2, for an aircraft other than one mentioned in subparagraph 8.1J(a) or (b), in the case that:
           (i) an experimental certificate under regulation 21.195A of CASR is in force in relation to the aircraft, or would be in force were it not for the operation of subregulation 21.195B(4) of CASR; or
 (ii) an SAB flight permit is in force in relation to the aircraft;
 there is an approval in force under regulation 91.045 or 91.050 of CASR, that authorises the flight over the populous area or public gathering, which approval imposes no conditions or limitations that would prevent the flight.
       8.1K A relevant aircraft may only be flown in:
(a) Class E or G airspace; or
(b) subject to subsection 8B — Class A, B, C or D airspace, or a restricted area.
    8.2 An approval mentioned in subparagraph 8.1J(c) is not required for a flight of the relevant aircraft if:
(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 aircraft 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.
       8.3 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 person is authorised to operate VHF radiocommunications equipment by the relevant sport aviation body in accordance with its operations manual, or, if the sport aviation body is an ASAO, its exposition; or
(b) in any other case — the person is authorised or qualified to transmit in