Document ID: chunk:federal_register_of_legislation:F2024C00887:reg:3:p9
Version: federal_register_of_legislation:F2024C00887
Segment Type: reg
Provision Reference: reg 3 (pt 9/20)
Character Range: 191257–193980

(c) at the time the application is made, the person does not hold an overseas medical certificate for the authorisation that is in force.
Penalty: 50 penalty units.
 (3) The holder of a CAR certificate of validation for an overseas balloon authorisation commits an offence if:
 (a) the holder exercises the authority given by the certificate in an Australian balloon during flight time; and
 (b) at the time of exercising the authority, the holder's overseas balloon authorisation is not in force.
Penalty: 50 penalty units.
 (4) The holder of a CAR certificate of validation for an overseas balloon authorisation commits an offence if:
 (a) the holder exercises the authority given by the certificate in an Australian balloon during flight time; and
 (b) the person is required to hold an overseas medical certificate for the authorisation to exercise the authority given by the authorisation in the country in which it was issued; and
 (c) at the time of exercising the authority, the holder does not hold an overseas medical certificate for the authorisation that is in force.
Penalty: 50 penalty units.
 (5) An offence against this regulation is an offence of strict liability.

Division 5.5—Balloon flight crew licensing—general

5.40  Pilot acting in command under supervision
 (1) A person commits an offence if:
 (a) the person flies a balloon as pilot acting in command under supervision; and
 (b) either:
 (i) the person does not satisfy subregulation (3) in relation to the balloon; or
 (ii) the person does not satisfy subregulation (4) in relation to the balloon.
Penalty: 50 penalty units.
 (2) The operator of a balloon commits an offence if:
 (a) the operator permits a person to fly a balloon as pilot acting in command under supervision; and
 (b) the person does not satisfy subregulation (3) in relation to the balloon.
Penalty: 50 penalty units.
 (3) A person satisfies this subregulation if:
 (a) the person holds:
 (i) a commercial pilot (balloon) licence; or
 (ii) a CAR certificate of validation for an overseas balloon authorisation that is equivalent to a commercial pilot (balloon) licence; and
 (b) the person holds a balloon class endorsement that authorises him or her to fly the balloon as pilot in command; and
 (c) if the person carries out an activity for which a balloon flight crew rating is required—the person holds a balloon flight crew rating that permits him or her to carry out that activity as pilot in command of the balloon.
 (4) A person satisfies this subregulation in relation to a balloon if:
 (a) the person is the co‑pilot of the balloon; and
 (b) the operator of the balloon permits the person to fly the balloon as pilot acting in command under supervision; and
 (c) the