Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:4:p2
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 4 (pt 2/5)
Character Range: 2260409–2263242

A person may operate an unmanned aircraft:
 (a) in or into cloud; or
 (b) at night; or
 (c) in conditions other than VMC;
only if permitted by another provision of this Part, or in accordance with an air traffic control direction.
Penalty: 25 penalty units.
 (1A) Subregulation (1) does not apply if the person holds an approval under regulation 101.029 for the purposes of this subregulation.
Note: A defendant bears an evidential burden in relation to the matters in subregulation (1A): see subsection 13.3(3) of the Criminal Code.
 (2) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

101.097  Autonomous aircraft—launch or release without approval prohibited
 (1) This regulation:
 (a) applies to an unmanned aircraft (an autonomous aircraft) that does not allow pilot intervention during all stages of the flight of the aircraft; but
 (b) does not apply to balloons, kites or model aircraft.
 (2) A person commits an offence of strict liability if the person causes an autonomous aircraft to be launched or released.
Penalty: 50 penalty units.
 (3) Subregulation (2) does not apply if:
 (a) the person holds an approval under regulation 101.029 to launch or release the autonomous aircraft; 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 (3): see subsection 13.3(3) of the Criminal Code.

101.098  Identification of certain RPA—requirements prescribed by the Part 101 Manual of Standards
 (1) The Part 101 Manual of Standards may prescribe requirements relating to the identification of RPA required to be registered under Division 47.C.2.
 (2) A person commits an offence of strict liability if:
 (a) the person operates, or conducts an operation using, an RPA required to be registered under Division 47.C.2; and
 (b) the person is subject to a requirement prescribed for the purposes of subregulation (1) in relation to that operation or conduct; and
 (c) the person does not comply with the requirement.
Penalty: 50 penalty units.

101.099  Foreign registered RPA and model aircraft—requirements prescribed by the Part 101 Manual of Standards
 (1) The Part 101 Manual of Standards may prescribe requirements relating to the operation of, or the conduct of operations using, RPA or model aircraft registered under a law of a foreign country.
 (2) A person commits an offence of strict liability if:
 (a) the person operates, or conducts an operation using, an RPA, or a model aircraft, within Australian territory; and
 (b) the person is subject to a requirement prescribed under subregulation (1) in relation to that operation or conduct; and
 (c) the person does not comply with the requirement.
Penalty: 50 penalty