Document ID: chunk:federal_register_of_legislation:F2023L01313:body:0:p2
Version: federal_register_of_legislation:F2023L01313
Segment Type: other
Provision Reference: 
Character Range: 2571–5043

obtaining experience for RePL upgrade from small or medium RPA to different category of small or medium RPA
        A RePL holder for a category of small RPA or a medium RPA who operates a different category of small RPA or medium RPA is exempted from compliance with the requirements of subregulation 101.252(2) of CASR, but only to the extent that the holder would otherwise commit an offence because:
(a) for the medium RPA — it is not an excluded RPA; and
(b for the small RPA or medium RPA — the holder does not hold a RePL for the different category.

7 Condition for exemption 2
        The exemption in section 6 is subject to the condition that the RePL holder may operate the different category of small RPA or medium RPA but only if all of the following requirements are met, namely, that the operation is:
(a) in the different category of small RPA or medium RPA that is of the same type of small RPA or medium RPA as is already included in the holder's RePL;
       Note   Thus, a RePL category upgrade is only possible for the same type of RPA, whether small or medium, as the RePL holder is already licensed to operate.
(b) conducted under the standard RPA operating conditions mentioned in regulation 101.238;
(c) for the purpose of either or both of the following:
           (i) meeting the experience requirement mentioned in paragraph 101.295(2)(c) for the grant of a RePL for the different category of small RPA or medium RPA (a RePL upgrade);
           (ii) getting practical experience and gaining competency in the operation of the small RPA or medium RPA for the RePL upgrade;
(d) for the purposes of preparation to undertake a flight test conducted by CASA under subparagraph 101.295(2)(b)(iii) for the grant of the RePL upgrade.

8 Exemption 3 — no requirement to hold ReOC for exemption 1 or 2
        A person is exempted from compliance with the requirements of regulation 101.270 of CASR but only to the extent that the person would otherwise commit an offence under paragraph 101.270(2) because the person does not hold a ReOC authorising the conduct of an operation that complies with the requirements of sections 4 and 5, or sections 6 and 7, as the case requires.

9 Condition for exemption 3
        The exemption in section 8 is subject to the condition that:
(a) sections 4 and 5, or sections 6 and 7, as the case may be, apply to the person; and
(b) the person complies with the relevant conditions in those sections, as applicable.