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(2) A person must not contravene a condition subject to which his or her
certificate is issued.
Penalty: 10 penalty units.
(3) A condition must be set out in:
(a) the notice under subregulation 83B (1); or
(b) the certificate; or
(c) Civil Aviation Orders under regulation 303.
(4) An offence against subregulation (2) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
83D Aircraft radiotelephone operator certificate of proficiency:
duration
An aircraft radiotelephone operator certificate of proficiency remains
in force until it is suspended or cancelled.
83E Aircraft radiotelephone operator certificate of proficiency:
qualifications
(1) For the purposes of subregulation 83A (2), a person is qualified to
hold an aircraft radiotelephone operator certificate of proficiency if:
(a) an approved check radio operator or a CASA flying operations
inspector is satisfied that the person can use and understand
radiotelephonic language safely in:
(i) a normal situation; and
(ii) an emergency situation; and
(b) the person has received instruction in all operating and fault
finding procedures relating to a radiocommunication system used
for the purpose of ensuring the safety of air navigation; and
(c) the person has been awarded a pass in:
(i) an aircraft radiotelephone certificate oral examination; and
(ii) an aircraft radiotelephone certificate practical test.
(2) In spite of subregulation (1), a person is qualified to hold an aircraft
radiotelephone operator certificate of proficiency if the person holds or
has held:
(a) a flight radiotelephone operator licence; or
(b) an overseas radio licence.
Civil Aviation Regulations 1988 303
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(3) CASA may set and conduct:
(a) an aircraft radiotelephone certificate oral examination; and
(b) an aircraft radiotelephone certificate practical test.
83F Aircraft radiotelephone operator certificate of proficiency:
conduct of examination and test
(1) An aircraft radiotelephone operator oral examination and an aircraft
radiotelephone operator practical test must be conducted only by a
CASA flying operations inspector or an approved check radio
operator.
(2) If:
(a) a person attempts an aircraft radiotelephone certificate oral
examination or an aircraft radiotelephone certificate practical
test; and
(b) the requirements of subregulation (1) are not satisfied in relation
to the examination or test;
the person is taken not to have been awarded a pass in the examination
or test.
84 Use and operation of radiocommunication systems by foreign
aircraft
(1) The pilot in command of a foreign aircraft in which a
radiocommunication system is installed and that is in Australian
territory:
(a) must not use, or permit the use of, the radiocommunication
system if there is not in force a licence to install and operate the
radiocommunication system issued by the appropriate authority
of the country of nationality of the aircraft;
(b) must not operate the radiocommunication system if the pilot is
not the holder of an appropriate licence issued by the appropriate
authority of the country of nationality of the aircraft; and
(c) must not permit the operation of the radiocommunication system
by a person who is not the holder of a licence of a kind referred to
in the last preceding paragraph.
Penalty: 10 penalty units.
(2) Subregulation (1) applies only to a radio communication system
installed or carried for the purpose of ensuring the safe navigation of
the aircraft .
(3) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
85 Directions under Part 8
A direction given under this Part does not have effect in relation to a
person until it has been served on the person.
Replacement Page Amdt No. 8
December 2004
304 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
PART 9 AERODROMES
Division 8 Use of Aerodromes
90 Access of official aircraft to aerodromes
Notwithstanding anything contained in this Part, all aircraft belonging
to or employed in the service of the Crown shall have access, at all
times, to any licensed aerodrome.
91 Use of aerodromes by aircraft of Contracting States
(1) Aerodromes established under the Air Navigation Regulations or
licensed under this Part and open to public use shall be open to any
aircraft which possesses the nationality of a Contracting State.
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