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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.055 Hazardous operation prohibited

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 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:

  (a)   is not an aircraft; and

  (b)   is not a high power rocket within the meaning of the Space (Launches and Returns) Act 2018 ; and

  (c)   is not a space object or part of a space object within the meaning of that Act;

in a way that creates a hazard to another person or to property.

Penalty:   50 penalty units.

Note:   Hazards from high power rockets and space objects are regulated under the Space (Launches and Returns) Act 2018 .

  (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.

Subpart   101.C -- Provisions applicable to unmanned aircraft generally

 

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