Have been on a browse through the new regulations [or parts] and Part 117 is a doosey.
Simply, if you read a part, get it wrong in #casa’s eyes, expect a $10,500 fine.
Even if you ask #casa for an interpretation, don’t expect it any time soon. I know of one case where it took 23-months.
I know of lots of cases where, even with an FOI, #casa will expunge the record or say there is no record.
Just ask the FOI officer for information and check it out soon.
Part 117—Representations and surveys
Contents of Part 117
117.005 What this Part is about
117.010 Misrepresentations about holding certain civil aviation authorisations
117.015 Safety‑related surveys or questionnaires—holders of certain civil aviation authorisations
117.005 What this Part is about
This Part provides for offences for:
(a) misrepresentations about holding certain civil aviation authorisations; and
(b) not completing safety‑related surveys or questionnaires.
117.010 Misrepresentations about holding certain civil aviation authorisations
(1) A person commits an offence if:
(a) the person represents to another person, in any way, that the person is willing to conduct an activity using an aircraft; and
(b) the person does not hold a particular civil aviation authorisation authorising the person to conduct the activity using the aircraft; and
(c) under the Act or these Regulations, it is an offence for a person to conduct the activity using the aircraft if the person does not hold the civil aviation authorisation.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
Note: For the definition of civil aviation authorisation, see section 3 of the Act.
Under Commonwealth law (i.e. the Crimes Amendment (Penalty Unit) Act 2017 (Cth)), the value of one (1) penalty unit is $210, as per section 4AA of the Crimes Act 1914 (Cth).
On 1 July 2017, the value of a Commonwealth penalty unit increased from $180 to $210.
50 penalty units = $10,500
117.015 Safety‑related surveys or questionnaires—holders of certain civil aviation authorisations
(1) CASA may, by written notice given to a person mentioned in subregulation (2), direct the person to:
(a) complete a safety‑related survey or questionnaire by accurately answering all mandatory questions in the survey or questionnaire; and
(b) submit the completed survey or questionnaire to CASA within the time stated in the notice.
(2) For subregulation (1), the persons are the following:
(a) the holder of an AOC;
(b) a Part 141 operator who conducts flight training in aircraft;
(c) a person who gave a notice to CASA under regulation 101.372 (Notice to operate very small RPA for hire or reward);
(d) the holder of a certificate as an RPA operator under Division 101.F.4.
(3) The person may, before the end of the time stated in the notice, apply in writing to CASA for an extension.
(4) CASA may, by written notice given to the person (the notice of extension), grant the extension.
(5) The person commits an offence if the person does not comply with the direction within:
(a) if CASA grants an extension under subregulation (4)—the time stated in the notice of extension; or
(b) if paragraph (a) does not apply—the time stated in the notice under subregulation (1).
Penalty: 25 penalty units.
(6) An offence against this regulation is an offence of strict liability.
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#casa circular regulations could result in a $10.5K fine
Have been on a browse through the new regulations [or parts] and Part 117 is a doosey.
Simply, if you read a part, get it wrong in #casa’s eyes, expect a $10,500 fine.
Even if you ask #casa for an interpretation, don’t expect it any time soon. I know of one case where it took 23-months.
I know of lots of cases where, even with an FOI, #casa will expunge the record or say there is no record.
Just ask the FOI officer for information and check it out soon.
Part 117—Representations and surveys
Contents of Part 117
117.005 What this Part is about
117.010 Misrepresentations about holding certain civil aviation authorisations
117.015 Safety‑related surveys or questionnaires—holders of certain civil aviation authorisations
117.005 What this Part is about
This Part provides for offences for:
(a) misrepresentations about holding certain civil aviation authorisations; and
(b) not completing safety‑related surveys or questionnaires.
117.010 Misrepresentations about holding certain civil aviation authorisations
(1) A person commits an offence if:
(a) the person represents to another person, in any way, that the person is willing to conduct an activity using an aircraft; and
(b) the person does not hold a particular civil aviation authorisation authorising the person to conduct the activity using the aircraft; and
(c) under the Act or these Regulations, it is an offence for a person to conduct the activity using the aircraft if the person does not hold the civil aviation authorisation.
Penalty: 50 penalty units.
(2) An offence against this regulation is an offence of strict liability.
Note: For the definition of civil aviation authorisation, see section 3 of the Act.
117.015 Safety‑related surveys or questionnaires—holders of certain civil aviation authorisations
(1) CASA may, by written notice given to a person mentioned in subregulation (2), direct the person to:
(a) complete a safety‑related survey or questionnaire by accurately answering all mandatory questions in the survey or questionnaire; and
(b) submit the completed survey or questionnaire to CASA within the time stated in the notice.
(2) For subregulation (1), the persons are the following:
(a) the holder of an AOC;
(b) a Part 141 operator who conducts flight training in aircraft;
(c) a person who gave a notice to CASA under regulation 101.372 (Notice to operate very small RPA for hire or reward);
(d) the holder of a certificate as an RPA operator under Division 101.F.4.
(3) The person may, before the end of the time stated in the notice, apply in writing to CASA for an extension.
(4) CASA may, by written notice given to the person (the notice of extension), grant the extension.
(5) The person commits an offence if the person does not comply with the direction within:
(a) if CASA grants an extension under subregulation (4)—the time stated in the notice of extension; or
(b) if paragraph (a) does not apply—the time stated in the notice under subregulation (1).
Penalty: 25 penalty units.
(6) An offence against this regulation is an offence of strict liability.
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