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(5) If in a particular case CASA or the authority to which the information
is given reasonably requires extra information about the operation,
launching or release, CASA or the authority may ask the person for
the extra information.
(6) If CASA or an authority asks for more information under
subregulation (5), the person is not taken to have complied with the
requirement mentioned in subregulation (1) to give the information
until the person gives to CASA or the authority the extra information.
(7) If a day is not a working day for the office of CASA or an authority to
which notice of an event is given or an application made, that day
does not count for the purpose of working out how many working
days’ notice of the event has been given, or how many working days
before an event the application has been made.
(8) In subregulation (7):
working day, in relation to an office of CASA or an authority, means
a day on which that office is open for business.
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page Amdt No. 11 — December 2004 Civil Aviation Safety Authority
Part 101 — 7
101.040 Exemptions
(1) CASA may do either or both of the following by instrument, in
relation to a particular unmanned aircraft or rocket or type of
unmanned aircraft or rocket:
(a) exempt the aircraft or rocket, or aircraft or rockets of that type,
from compliance with a specified provision of Subparts 101.C to
101.H;
(b) exempt a person from compliance with a specified provision of
Subparts 101.C to 101.H while he or she is operating the aircraft
or launching the rocket, or operating aircraft or launching rockets
of that type.
(2) Before CASA decides under subregulation (1) to exempt an aircraft,
rocket or type, or a person, from compliance with a provision of any
of Subparts 101.C to 101.H, CASA must take into account any
relevant considerations relating to the safety of air navigation.
(3) CASA may impose a condition necessary in the interests of the safety
of air navigation on such an exemption.
(4) A person must not contravene a condition imposed under
subregulation (3).
Penalty: 50 penalty units.
(4A) An offence against subregulation (4) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(5) Regulation 308 of CAR 1988 does not authorise CASA to grant
exemptions from the provisions of this Part.
101.045 Conditions imposed by CASA or another authority
(1) If a provision of this Part (other than regulation 101.030) authorises
CASA or another authority to impose a condition on an approval,
permission, certification or exemption, CASA or the authority must
give a written statement of any condition so imposed to the person
who applied for the approval, permission, certification or exemption.
(2) Unless CASA or the authority gives the statement to the person, the
person is not bound by the condition.
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page Amdt No. 11 — December 2004 Civil Aviation Safety Authority
Part 101 — 8
Subpart 101.B General prohibition on unsafe operation
101.050 Applicability of this Subpart
This Subpart applies to the operation of all unmanned aircraft and
rockets that are not aircraft, whether or not any of Subparts 101.C to
101.I applies.
101.055 Hazardous operation prohibited
(1) A person must not operate an unmanned aircraft in a way that creates
a hazard to another aircraft, another person, or property.
Penalty: 50 penalty units.
(2) A person must not launch a rocket that is not an aircraft in a way that
creates a hazard to an aircraft.
Penalty: 50 penalty units.
(3) A person must not launch a rocket that is not an aircraft in a way that
creates a hazard to another person or to property.
Penalty: 50 penalty units.
(3A) An offence against subregulation (1), (2) or (3) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(4) It is not a defence to a charge of contravening subregulation (1), (2) or
(3) that the relevant unmanned aircraft was being operated, or the
relevant rocket was launched, in a way that complied with the
operations manual of an approved aviation administration
organisation.
(5) In subregulations (2) and (3):
rocket includes a firework rocket, regardless of whether it can rise
more than 400 feet above ground level or not.
Civil Aviation Safety Regulations 1998(CASR)
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