Document ID: chunk:federal_register_of_legislation:F2024L01538:body:0:p10
Version: federal_register_of_legislation:F2024L01538
Segment Type: other
Provision Reference: 
Character Range: 23369–26149

a restricted area.
       Note   CASA determines classes of airspace by instrument under regulation 5 of the Airspace Regulations 2007. At the commencement of this Note, the instrument was CASA OAR 186/24 — Determination of Airspace and Controlled Aerodromes, Etc. (Designated Airspace Handbook) Instrument 2024.
       12.3 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 relevant sport aviation body has authorised the person to operate VHF radiocommunications equipment in accordance with its operations manual or, if the sport aviation body is an ASAO, its exposition; and
(b) in any other case — the person is authorised or qualified to transmit in the relevant frequency in accordance with regulation 91.625 of CASR.
       12.4 A relevant aircraft that is fitted with, or carries, automatic dependent surveillance-broadcast equipment, must comply with the requirements relating to the equipment in subsection 9B of CAO 20.18.
       12.5 A relevant aircraft that is fitted with, or carries, SSR transponder equipment, must comply with the requirements relating to the equipment in subsections 9BA, 9C and 9E of CAO 20.18.

12A Class A, B, C or D airspace and restricted areas
       12A.1 For the purposes of subparagraph 12.1K(b), a person must not operate a relevant aircraft in Class A, B, C or D airspace or a restricted area unless the requirements of paragraphs 12A.2 and 12A.3 are met.
       12A.2 For paragraph 12A.1, the requirements are:
(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) 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
(c) an SAB flight permit is in force in relation to the aircraft.
       12A.3 For paragraph 12A.1, the requirements are:
(a) the aircraft is fitted with a radio capable of two-way communication with air traffic control; and
(b) the person holds a pilot licence with an aircraft category rating, the valid privileges of which include operating in controlled airspace and at a controlled aerodrome; and
(c) the pilot has a valid flight review for the aircraft's class rating under Part 61 of CASR; and
(d) if the controlled airspace in which the aircraft is operating requires a transponder to be fitted — the aircraft is fitted with a transponder that is suitable for use in the airspace; and
(e) in