Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:1:p6
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 1 (pt 6/7)
Character Range: 2252039–2254809

airspace; and
 (b) the person is subject to a requirement under subregulation (1) in relation to the operation; and
 (c) the person does not comply with the requirement.
Penalty: 50 penalty units.

101.073  Operation must generally be within visual line of sight

Unmanned aircraft must be operated within visual line of sight
 (1) A person commits an offence of strict liability if:
 (a) the person operates an unmanned aircraft; and
 (b) the aircraft is not operated within the person's visual line of sight.
Penalty: 50 penalty units.

Exception—CASA approval
 (2) Subregulation (1) does not apply if:
 (a) the person holds an approval under regulation 101.029 to operate the unmanned aircraft beyond the person's visual line of sight; and
 (b) the conditions (if any) imposed on the approval are complied with.
Note: A defendant bears an evidential burden in relation to the matter in subregulation (2): see subsection 13.3(3) of the Criminal Code.

Meaning of operated within visual line of sight
 (3) An unmanned aircraft is being operated within the visual line of sight of the person operating the aircraft if the person can continually see, orient and navigate the aircraft to meet the person's separation and collision avoidance responsibilities, with or without corrective lenses, but without the use of binoculars, a telescope or other similar device.

101.075  Operation near aerodromes
 (1) A person may operate an unmanned aircraft at an altitude above 400 feet AGL within 3 nautical miles of an aerodrome only if:
 (a) the operation is permitted by another provision of this Part; or
 (b) permission has been given for the operation under regulation 101.080.
Penalty: 25 penalty units.
 (2) A person may operate an unmanned aircraft over an area mentioned in paragraph (3)(a) or (b) only if:
 (a) the operation is permitted by another provision of this Part; or
 (b) permission has been given for the operation under regulation 101.080.
Penalty: 25 penalty units.
 (3) The areas for subregulation (2) are:
 (a) a movement area or runway of an aerodrome; and
 (b) the approach or departure path of a runway of an aerodrome.
 (4) A person must not operate an unmanned aircraft in such a manner as to create an obstruction to an aircraft taking off from, or approaching for landing at, a landing area or a runway of an aerodrome.
Penalty: 25 penalty units.
 (5) An offence against subregulation (1), (2) or (4) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

101.080  Permission for operation of unmanned aircraft near aerodrome
 (1) The authority from which permission must be obtained for the purposes of regulation 101.075 is:
 (a) if the aerodrome concerned is a controlled aerodrome—the air traffic