CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.065 Operation in prohibited or restricted area

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.065

  (1)   A person may operate an unmanned aircraft in or over a prohibited area, or in or over a 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.