Document ID: chunk:federal_register_of_legislation:F2024L01343:front:0:p3
Version: federal_register_of_legislation:F2024L01343
Segment Type: other
Provision Reference: 
Character Range: 4934–7810

impact by an RPA in a relevant operation.
       (2) In this instrument, an RPA is operated beyond visual line of sight (BVLOS) of the person operating the RPA if it is not operated within the visual line of sight of the person.
       (3) In this instrument, unless the contrary intention appears, terms and expressions that are not otherwise defined in this section, have the same meaning as they have in or under the Civil Aviation Act 1988 and its regulations.

4 Application and non-application
       (1) This instrument applies, according to its terms, to each of the following for a relevant operation:
(a) an RPA operator;
(b) the RPA operator's remote pilot.
       (2) This instrument applies to training for an emergency service RPA operation as if the training were an emergency service RPA operation.
       (3) Despite any other provision of this instrument, until the end of 30 September 2025, this instrument only applies to an emergency service RPA operation if:
(a) the RPA operator is a police force or service; and
(b) the remote pilot is a sworn police officer of the RPA operator.
Note   The instrument is still in a training and trial phase and, depending on progress, may be extended to other relevant emergency organisations before or after 30 September 2025.

5 Exemptions
       (1) When conducting a relevant operation, an RPA operator and the remote pilot are each exempted from compliance with the following provisions of Part 101 of CASR, as applicable:
(a) regulation 101.073 (for BVLOS);
(b) regulation 101.095 (for weather, and day only, limitations);
(c) regulation 101.245 (for operations near people);
(d) regulation 101.280 (for operations over a populous area);
(e) paragraph 101.300(4)(b) (for certain remote pilot licence conditions);
(f) subregulation 101.300(6), but only in respect of paragraph 101.300(4)(b) (concerning offences).
       (2) Each exemption of an RPA operator and their remote pilot under subsection (1) is subject to each condition mentioned in Schedule 1.

           Schedule 1 Conditions

1 General
        To have the benefit of an exemption under this instrument, it is a condition that each requirement mentioned in this Schedule must be complied with for the relevant operation.

2 Risk assessment
       2.1 Before a relevant operation is conducted, a risk assessment must be carried out in accordance with the RPA operator's documented practices and procedures.
       2.2 The risk assessment must take into account all factors that may cause the relevant RPA to impact on a person or property, including:
(a) the causes and consequences of possible RPA mode interruption, malfunction or failure; and
(b) the possibility that an RPA speed increase may be required in accordance with paragraph 4.5(b).
       2.3 A relevant operation must not commence unless:
(a) the risk of serious injury to a person is