Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:12:p22
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 12 (pt 22/30)
Character Range: 2336141–2338901

an excluded RPA or a micro RPA if:
 (a) when the aircraft is being operated, the child is being supervised by another person (the supervisor); and
 (b) the supervisor is at least 18 years old; and
 (c) the supervisor holds:
 (i) an accreditation authorising the supervisor to operate excluded RPA and micro RPA; or
 (ii) a remote pilot licence.
Note: A defendant bears an evidential burden in relation to the matters in this subregulation—see subsection 13.3(3) of the Criminal Code.

101.374C  Excluded RPA and micro RPA—requirement to produce accreditation or remote pilot licence

General requirement
 (1) A person who operates an excluded RPA or micro RPA must produce an accreditation or licence covered by subregulation (2) that authorises the person to do so, or a copy of such an accreditation or licence, for inspection on a demand made by a person covered by subregulation (3).

Accreditations and licences covered
 (2) The following accreditations and licences are covered by this subregulation:
 (a) an accreditation authorising the operation of excluded RPA and micro RPA;
 (b) a remote pilot licence.

Persons who may demand production of accreditations and licences
 (3) The following persons are covered by this subregulation:
 (a) an authorised person;
 (b) a member or special member of the Australian Federal Police;
 (c) a member of a police force or a police service of a State or Territory.

Offence for failing to comply with demand
 (4) A person (the offender) commits an offence of strict liability if:
 (a) the offender operates an excluded RPA or micro RPA; and
 (b) a person makes a demand of the offender under subregulation (1); and
 (c) the offender fails to comply with the demand.
Penalty: 5 penalty units.

Operation permissible without an accreditation or licence
 (5) Subregulations (1) to (4) do not apply to a person operating an excluded RPA or micro RPA if:
 (a) such operation by the person without an accreditation or licence covered by subregulation (2) of this regulation does not constitute an offence under regulation 101.374B; or
 (b) subregulation (4) applies in relation to such operation.

Supervised operations
 (6) A person who supervises the operation by another person of an excluded RPA or micro RPA must produce an accreditation or licence covered by subregulation (2) for that RPA, or a copy of such accreditation or licence, for inspection on a demand made by a person covered by subregulation (3).
 (7) A person (the supervisor) commits an offence of strict liability if:
 (a) the supervisor supervises the operation by another person of an excluded RPA or micro RPA; and
 (b) the other person is under 16 years old; and
 (c) a person makes a demand of the supervisor under subregulation (6); and
 (d)