Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:4:p14
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 4 (pt 14/30)
Character Range: 1506243–1509114

held a flight service licence that has been cancelled) who:
 (i) has completed an approved course of training in the theory of flight service; and
 (ia) holds a Class 3 medical certificate; and
 (ii) carries out the function in the course of undergoing practical training for a flight service licence.

65.055  Rules applicable when a person performs flight service function under supervision
 (1) If a person to whom subregulation 65.050(3) applies (the trainee) is carrying out a flight service function under the supervision of a person who meets the requirements of subregulation 65.050(1) (the supervisor), this regulation applies.
 (2) The trainee must comply with the supervisor's directions.
Penalty: 25 penalty units.
 (3) Any failure by the supervisor to supervise the trainee adequately is not an offence, but may be taken into account in considering whether the supervisor's flight service licence should be suspended or cancelled.

65.060  Offences—carrying out flight service function without authority
 (1) A person who is not authorised to do so by subregulation 65.050(1) or (2) must not carry out a flight service function in Australian territory.
Penalty: 25 penalty units.
 (2) A person to whom subregulation 65.050(3) applies must not carry out a flight service function in Australian territory if the person is not acting under the supervision of a person who meets the requirements of subregulation 65.050(1).
Penalty: 25 penalty units.
 (3) Strict liability applies to the following physical elements:
 (a) in subregulation (1)—that the person is not authorised by subregulation 65.050(1) or (2);
 (b) in subregulation (2)—that the person under whose supervision the flight service function is carried out is a person who meets the requirements of subregulation 65.050(1).
Note: For strict liability, see section 6.1 of the Criminal Code.

65.065  Authority to use ground‑based radio equipment
 (1) A person to whom subregulation (2) applies is authorised to transmit on an aviation safety radio frequency if the transmission is made:
 (a) for the purpose of performing an air traffic control function or a flight service function; and
 (b) using a radiocommunication system that is not installed in or carried on an aircraft.
 (2) This subregulation applies to the following:
 (a) a person who may, under regulation 65.035, carry out an air traffic control function or, under regulation 65.050, carry out a flight service function in Australian territory;
 (b) a person who is engaged by an ATS provider (whether or not as an employee), and who is acting in the course of his or her duties.
 (3) For paragraph (2)(b), ATS provider means an ATS provider, within the meaning given by regulation 172.015, that is approved to provide a flight information service.
Note 1: A person is prohibited from transmitting on an aviation safety radio frequency