Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:1:p5
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 1 (pt 5/7)
Character Range: 2249474–2252292

restricted area, only with the permission of, and in accordance with any conditions imposed by, the authority controlling the area.
Penalty: 25 penalty units.
Note: Details of prohibited and restricted areas are published in the AIP or NOTAMS.
 (1A) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (2) In subregulation (1):
authority controlling the area means:
 (a) in the case of a prohibited area—the Secretary of the Department administered by the Minister administering section 1 of the Defence Act 1903; and
 (b) in the case of a restricted area—the authority mentioned in AIP (as issued from time to time) as the controlling authority for the area.
 (3) For subregulation (1):
 (a) the authority controlling the area must give a written statement of any condition so imposed to the person who applied for the permission; and
 (b) unless the authority gives the statement to the person, the person is not bound by the condition.

101.066  Operation in prescribed area—requirements prescribed by the Part 101 Manual of Standards
 (1) The Part 101 Manual of Standards may prescribe requirements relating to the operation of unmanned aircraft in an area prescribed by the Part 101 Manual of Standards.
 (2) A person commits an offence of strict liability if:
 (a) the person operates an unmanned aircraft in an area prescribed under subregulation (1); and
 (b) the person is subject to a requirement under subregulation (1) in relation to the operation; and
 (c) the person does not comply with the requirement.
Penalty: 50 penalty units.

101.070  Operation in controlled airspace above 400 ft AGL
 (1) A person may operate an unmanned aircraft above 400 feet AGL in controlled airspace only:
 (a) in an area approved under regulation 101.030 as an area for the operation of unmanned aircraft of the same kind as the aircraft, and in accordance with any conditions of the approval; and
 (b) in accordance with an air traffic control clearance.
Penalty: 50 penalty units.
 (2) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

101.072  Operation in controlled airspace—requirements prescribed by the Part 101 Manual of Standards
 (1) The Part 101 Manual of Standards may prescribe requirements relating to the operation of unmanned aircraft in controlled airspace.
 (2) A person commits an offence of strict liability if:
 (a) the person operates an unmanned aircraft in controlled airspace; and
 (b) the person is subject to a requirement under subregulation (1) in relation to the operation; and
 (c) the person does not comply with the requirement.
Penalty: 50 penalty units.

101.073  Operation must generally be within visual line