Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:4:p12
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 4 (pt 12/30)
Character Range: 1501330–1504090

(ii) satisfies the currency requirement in relation to the rating; and
 (d) he or she holds a Class 3 medical certificate.
 (2) A person to whom subregulation (3) applies may carry out an air traffic control function in Australian territory under the supervision of a person who meets the requirements of subregulation (1).
 (3) This subregulation applies to each of the following persons:
 (a) a person who CASA has authorised in writing to carry out the relevant function;
 (b) a person who:
 (ia) holds a Class 3 medical certificate; and
 (i) holds an ATC licence with a rating for the function and an endorsement for the place where, or the airspace in relation to which, he or she carries it out; but
 (ii) at the relevant time, in relation to the rating or endorsement, does not satisfy the recency or currency requirement;
 (c) a person who:
 (i) holds an ATC licence; and
 (ia) holds a Class 3 medical certificate; and
 (ii) carries out the function in the course of training for a rating or endorsement (whether or not the person holds a rating or endorsement at the time);
 (d) a person (other than a person who held an ATC licence that has been cancelled) who:
 (i) has completed an approved course of training in the theory of air traffic control; and
 (ia) holds a Class 3 medical certificate; and
 (ii) carries out the function in the course of undergoing practical training for an ATC licence.

65.040  Rules applicable when a person performs ATC function under supervision
 (1) If a person to whom subregulation 65.035(3) applies (the trainee) is carrying out an air traffic control function under the supervision of a person who meets the requirements of subregulation 65.035(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 ATC licence should be suspended or cancelled.

65.045  Offences—carrying out ATC function without authority
 (1) A person who is not authorised to do so by subregulation 65.035(1) or (2) must not carry out an air traffic control function in Australian territory.
Penalty: 25 penalty units.
 (2) A person to whom subregulation 65.035(3) applies must not carry out an air traffic control function in Australian territory if the person is not acting under the supervision of a person who meets the requirements of subregulation 65.035(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 65.035(1) or (2);
 (b) in subregulation (2)—that the person under