Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:4:p4
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 4 (pt 4/5)
Character Range: 2265551–2268256

of a test flight.
 (2) For the purposes of subregulation (1), circumstances in which an aircraft may be operated for the purposes of a test flight may be prescribed only if the circumstances are relevant to the development, manufacture, repair or maintenance of the aircraft or of equipment associated with the aircraft.

Requirements for aircraft operated for test flights while not registered for the flights
 (3) The Part 101 Manual of Standards may prescribe requirements relating to the operation of an aircraft mentioned in subregulation (1) for the purposes of a test flight.
 (4) A person commits an offence of strict liability if:
 (a) the person operates, or conducts an operation using, an RPA for the purposes of a test flight; and
 (b) the person is subject to a requirement prescribed for the purposes of subregulation (3) in relation to that operation or conduct; and
 (c) the person does not comply with the requirement.
Penalty: 50 penalty units.
Subpart 101.D—Tethered balloons and kites

101.100  Applicability of this Subpart
  This Subpart applies to the operation of tethered balloons and kites.
Note: This Subpart does not apply to:
(a) the shielded operation (that is, operation within 100 metres of a structure and not above the top of the structure) of a small balloon; or
(b) the operation of an unmanned tethered balloon or kite below 400 feet AGL.
 See subregulation 101.005(3).

101.105  Definitions for Subpart
 (1) In this Subpart:
tethered balloon means an unmanned balloon that is attached to the ground, or an object on the ground, by a cable.
 (2) For this Subpart, the height of a tethered balloon is taken to be the height above ground or water level of the topmost part of its envelope.

101.110  Tethered balloons and kites that may be operated outside approved areas
 (1) A person may operate a tethered balloon or a kite above 400 feet AGL outside an area approved under regulation 101.030 as an area for the operation of unmanned balloons or kites (as the case requires) only if:
 (a) the mass of the balloon or kite is no more than 15 kilograms; and
 (b) the horizontal visibility at the time is at least 5 kilometres; and
 (c) the person gives to CASA the information required by table 101.110 about the proposed operation at least 1 working day before it is due to start.
Penalty: 10 penalty units.
Note 1: A person can comply with this requirement by telling:
(a) if the person is an approved aviation administration organisation—the Australian NOTAM Office; or
(b) the appropriate approved aviation administration organisation.
 See regulation 101.035.
Note 2: CASA must publish details of the approval of an area (including any conditions) in NOTAM or on