Part 101 Manual of Standards (Miscellaneous Revisions) Amendment Instrument 2023 (No. 1)

I, PHILIPPA JILLIAN SPENCE, Director of Aviation Safety, on behalf of CASA, make this instrument under regulations 101.028 and 201.025 of the Civil Aviation Safety Regulations 1998.

[Signed P. Spence]

Pip Spence
Director of Aviation Safety

17 April 2023

1 Name of instrument

This instrument is the Part 101 Manual of Standards (Miscellaneous Revisions) Amendment Instrument 2023 (No. 1).

2 Commencement

(1) Sections 1, 2, and 3 of this instrument commence on 19 April 2023.

(2) Section 4 of this instrument commences on 18 October 2023.

3 Amendment of the Part 101 Manual of Standards

Schedule 1 amends the Part 101 (Unmanned Aircraft and Rockets) Manual of Standards 2019.

4 Amendment of the Part 101 Manual of Standards

Schedule 2 amends the Part 101 (Unmanned Aircraft and Rockets) Manual of Standards 2019.

Schedule 1 Amendments

Note These amendments commence on 19 April 2023

[1] Section 1.03, Note 2

omit

are reserved.

insert

are reserved. (Division 9.2 of Chapter 9 was repealed by the Part 101 Manual of Standards (Miscellaneous Revisions) Amendment Instrument 2022 (No. 2)).

[2] Subsection 1.04 (2), definition of AC

repeal

[3] Subsection 1.04 (2), definition of AC 101-10, including the Notes

repeal

[4] Subsection 1.04 (2), Definitions

insert

mode of operation means:

(a) manual mode; or

(b) the mode that is automated operation.

Note Manual mode requires prescribed training in both the manual mode and the automated operation mode, in accordance with this MOS. The applicable mode of operation for a flight is that specified in the provision of this MOS which refers to the mode of operation for the flight.

nominated personnel means the following personnel of a certified RPA operator:

(a) the chief executive officer (the CEO);

(b) the chief remote pilot (the CRP);

ReOC means remotely piloted aircraft operator’s certificate issued by CASA.

significant change, for a certified RPA operator, means:

(a) a change to any of the following:

(i) the operator’s nominated personnel;

(ii) the formal reporting lines for any managerial or operational position that reports directly to any of the nominated personnel;

(iii) the qualifications and experience which the operator requires the nominated personnel to have;

(iv) the responsibilities assigned by the operator to the nominated personnel;

(v) the operator’s process for making changes to the documented practices and procedures;

(vi) the managerial or operational positions within the operator’s organisation;

(vii) the types of RPA being operated by the operator; and

(b) a change to any of the following that does not maintain or improve, or is not likely to maintain or improve, aviation safety:

(i) the documented practices and procedures for the conduct of RPA operations;

(ii) the training or checking conducted by the operator;

(iii) the documented practices and procedures for managing operational risk;

(iv) the documented practices and procedures for managing the risk of fatigue in the operator’s personnel;

(v) the documented practices and procedures for managing RPA maintenance; and

Note For example only, a change to the type or category of RPA listed on the operator’s ReOC, or a change to the kind of operations to be conducted (for example, to include RePL training), will require the ReOC to be reissued.

[5] Subsection 1.04 (2), definition of automated operation

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means that

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means the mode of operation in which,

[6] Subsection 1.04 (2), definition of examiner, for a medium or large RPA

omit

provided that he or she

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provided that the chief remote pilot or authorised RePL training instructor

[7] Subsection 1.04 (2), paragraphs (e) and (f) of the definition of examiner, for a medium or large RPA

repeal and substitute

(e) meets the other requirements stated in the operator’s documented practices and procedures as necessary to be a relevant examiner.

[8] Subsection 1.04 (2), definition of examiner, for a small or very small RPA

omit

provided that he or she

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provided that the chief remote pilot or authorised RePL training instructor

[9] Subsection 1.04 (2), definition of CASA RePL Upgrade Supplement for the Part 101 MOS, including the Note

repeal

[10] Subsection 1.04 (2), definition of helicopter

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a kind of RPA,

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an RPA of a type defined in regulation 101.022,

[11] Subsection 1.04 (2), definition of RPA

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RPA means a remotely piloted aircraft, other than a balloon or a kite, which may be identified by the following:

(a) category (for example, the aeroplane category);

(b) type, as defined in regulation 101.022;

[12] Subsection 1.04 (2), definition of threshold centrepoint

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insect

insert

intersect

[13] Subsection 1.04 (2), definition of type

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type, for an RPA, means an RPA

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type, for an RPA, means an RPA of a type mentioned in an item in the Table in regulation 101.022, and that is

[14] Paragraph 1.04 (3) (f)

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his or her

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their

[15] Section 2.02A

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2.02A Transitional provisions for pre-18 October 2023 RePL training courses

(1) The amendments made to this MOS by Schedule 2 of the Part 101 Manual of Standards (Miscellaneous Revisions) Amendment Instrument 2023 (No. 1) (the Schedule 2 amendments) do not apply to a RePL training organisation for or in relation to a student who:

(a) commenced, but did not complete, a RePL training course with the organisation before 18 October 2023 (a relevant RePL training course); and

(b) completed the course on or after 18 October 2023 but before 4 February 2024.

Note The MOS as in force immediately before 18 October 2023, that is, before the Schedule 2 amendments commenced on that date, is, therefore, the applicable version of the MOS for this circumstance.

(2) Subject to subsection (3), for a student mentioned in subsection (1) who fails to complete the relevant RePL training course before 4 February 2024, the Schedule 2 amendments apply to the RePL training organisation for or in relation to the student on and from 4 February 2024.

(3) CASA may, in writing, approve a RePL training organisation’s bridging course to facilitate, for a student who failed to complete the relevant RePL training course before 4 February 2024, the student’s transition to and completion of the RePL training course that is in accordance with the Schedule 2 amendments.

(4) A student’s successful completion of a bridging course is deemed to be successful completion of the RePL training course.

(5) This section is repealed at the end of 3 March 2024.

[16] Subsection 2.05 (1)

repeal and substitute

(1) The aeronautical knowledge component of a RePL training course for a particular category of RPA must include training and assessment in the units of aeronautical knowledge from Schedule 4 that are prescribed in subsection (4) for the category.

Note Subsections (2) and (3) are directions to use Schedule 2 to find the applicable units of knowledge in Schedule 4.

[17] Subsection 2.05 (4), the chapeau and paragraph (a)

repeal and substitute

(4) A RePL training course for a category of RPA must require an applicant for an initial RePL to complete all of the matters, in all of the items, of the following units of knowledge:

(a) for any RPA category — the units in Appendix 1 of Schedule 4, Common units;

Note An initial RePL is one granted to a person who has not previously held any RePL. The Common units are not required when the RePL training course is for a RePL upgrade provided for in section 2.20, 2.21, 2.22, 2.23, 2.24 or 2.25.

[18] Paragraph 2.05 (4) (f)

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the units in Appendix 6 of Schedule 4

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unit 8 in Appendix 1A of Schedule 4

[19] Paragraph 2.05 (4) (g)

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Appendix 7

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Appendix 6

[20] Subsection 2.05 (6)

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[21] Subsections 2.05 (7) and (8)

repeal

[22] Subsection 2.06 (3)

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(3) The practical competency component of a RePL training course for a particular category of RPA must include training and assessment in the units of practical competency from Schedule 5 that are prescribed in subsection (6) for the category.

Note Subsections (4) and (5) explain how to use Schedule 3 to find the applicable units of knowledge in Schedule 5.

[23] Subsection 2.06 (6), the chapeau and paragraph (a)

repeal and substitute

(6) A RePL training course for a category of RPA must require an applicant for an initial RePL to complete the following units of practical competency:

(a) for any RPA category — the units in Appendix 1 of Schedule 5, Common units;

[24] Paragraph 2.06A (1) (c)

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alterative

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alternative

[25] Paragraph 2.06A (1) (c)

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a particular type or kind of medium RPA or large RPA.

insert

a medium RPA, or a large RPA, that has particular characteristics.

[26] Subsection 2.09 (3), the chapeau

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he or she

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the applicant

[27] Paragraph 2.09 (3) (a)

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he or she

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the applicant

[28] Subsection 2.10 (1)

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a set of at least 80 multiple-choice questions

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a set of multiple-choice questions

[29] Subsection 2.10 (1A), the Note

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Note For example: to achieve a pass mark of 85%, the applicant must have at least 69 correct answers for an examination of 81 questions; at least 73 correct answers for an examination of 85 questions; at least 77 correct answers for an examination of 90 questions (despite the fact that 85% of 90 is 76.5) and so on.

[30] Subsection 2.10 (3), the Note

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more than 80 questions may have to be formulated

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a sufficient number of questions have to be formulated

[31] Paragraph 2.12 (2) (a)

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at least 80 multiple-choice questions

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multiple-choice questions in accordance with section 2.10

[32] Subsection 2.12 (5)

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(5) Despite subsection (1), a RePL training organisation may, without CASA approval, modify not more than 10% of the total number of multiple-choice questions in any unique set in any 12-month period, to make the questions more effective for the examination.

[33] Section 2.13

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2.13 Examination results

Not later than 1 week after an examination, the RePL training organisation must inform each applicant in writing of their examination mark and whether or not they have passed the examination.

[34] Section 2.14

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[35] Subsection 2.18A (7)

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a particular type or kind of medium RPA or large RPA.

insert

a medium RPA, or a large RPA, that has particular characteristics.

[36] Paragraph 2.20 (1) (b)

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(a relevant RPA)

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(the relevant RPA)

[37] Subsection 2.20 (2)

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(2) If the holder is applying for the first time to be a RePL holder for an RPA with a liquid-fuel system, the relevant practical components of the RePL training course must require the applicant to complete training in, and demonstrate the practical competencies required for, the relevant RPA with a liquid-fuel system under Schedule 5.

[38] After subsection 2.20 (2)

insert

(3) Without affecting subsection (2), the practical competency components of the RePL training course must require the applicant to pass the training course flight test for the relevant RPA, conducted by an examiner in accordance with the relevant flight test standards in Schedule 6.

[39] Subsection 2.21 (2), including the Note

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Schedule 4,

insert

except the Common units.

[40] Subsection 2.21 (5)

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requires),

insert

except the Common units.

[41] Subsection 2.21 (7)

repeal

[42] Subsection 2.22 (3)

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(3) Without affecting subsection (2), the RePL training course (including examination and assessment) must comply with the requirements in subsections (4) and (5).

(4) The examination must comply with the requirements set out in the operator’s documented practices and procedures dealing with the following for the examination:

(a) the content, including the variation and security of relevant questions;

(b) the pass mark, including procedures for knowledge deficiency reporting and re-examination;

(5) The relevant practical competency component of the RePL training course must require the applicant to pass the training course flight test for the relevant RPA, conducted by an examiner in accordance with the relevant flight test standards in Schedule 6.

[43] Subsection 2.23 (2), including the Note

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Schedule 4,

insert

except the Common units.

[44] Subsection 2.23 (5)

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requires),

insert

except the Common units.

[45] Subsection 2.23 (8)

repeal

[46] Subsection 2.24 (3)

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(3) Without affecting subsection (2), the RePL training course (including examination and assessment) must comply with the requirements in subsections (4) and (5).

(4) The examination must comply with the requirements set out in the operator’s documented practices and procedures dealing with the following for the examination:

(a) the content, including the variation and security of relevant questions;

(b) the pass mark, including procedures for knowledge deficiency reporting and re-examination;

[47] Subsection 2.25 (2), including the Notes

omit all words after

Schedule 4,

insert

except the Common units.

Note The aeronautical knowledge component would include training and examination in a liquid-fuel system if the holder is applying for the first time to be a RePL holder for RPA with a liquid-fuel system.

[48] Subsection 2.25 (5), including the Note

omit all words after

requires),

insert

except the Common units.

Note The practical competencies component would include training and demonstration of competence in a liquid-fuel system if the holder is applying for the first time to be a RePL holder for RPA with a liquid-fuel system.

[49] Subsection 2.25 (7)

repeal

[50] Subsection 2.26 (3), including the Note

repeal and substitute

(3) For subsections (1) and (2), contact time with a student for the aeronautical knowledge component of a RePL training course is accumulated through 1 or both of the following, namely, the instructor being:

(a) physically present, instructing and responding in a class room; or

(b) virtually present, online in real time, instructing and responding visually and with sound.

[51] Subsection 2.26 (4)

repeal and substitute

(4) The practical competency component of a RePL training course must be delivered by a RePL training instructor who is in the physical presence of the student being trained.

[52] Paragraph 2.27 (1) (b)

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(b) for the practical component (practical competency component):

(i) subject to subparagraph (ii), 10 students to 1 instructor; and

(ii) for students each actually flying an RPA — 3 students to 1 instructor.

[53] Paragraph 2.30 (2) (b)

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he or she instructs

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they instruct

[54] Subparagraph 2.30 (2) (c) (iii)

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government;

insert

government.

[55] Subparagraph 2.30 (2) (c) (iv), including the Note

repeal

[56] After section 2.30

insert

CHAPTER 2 RePL TRAINING COURSE

Division 2.7A Requirements for RePL training instructor to act as an Examiner

2.30A Examiner requirements

(1) This section is for the following definitions in subsection 1.04 (2):

(a) examiner, for a medium or large RPA;

(b) examiner, for a small or very small RPA.

(2) Before an operator’s chief remote pilot authorises the operator’s RePL training instructor (an instructor) to be an examiner for a medium or large RPA, or a small or very small RPA, as the case may be, the chief remote pilot must be satisfied that the instructor meets each of the requirements prescribed for such an instructor in the relevant definition of an examiner.

[57] Subsection 2.31 (4), the Note

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he or she

insert

the examiner

[58] After subsection 2.31 (6)

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(6) For a flight test, the practical competency required of a person is:

that for each unit of competency mentioned in column 3 of an item of the Table in clause 3 of the relevant Appendix in Schedule 6, the person has the ability to perform each Item/manoeuvre mentioned in column 4 of the item, subject to the applicable accuracy and tolerance mentioned in column 5 of the item.

Note Item numbers appear in column 1; unit codes for each unit of competency appear in column 2.

[59] Subsection 2.31 (8)

repeal

[60] Subsection 2.31 (9)

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he or she

insert

the applicant

[61] Subsection 2.31 (11)

omit

subsection (8)

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section 10.03A

[62] Section 5.04, subparagraph (e) (iii) of the definition of EVLOS operation class 2

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a radio or telephone

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an effective

[63] After subparagraph (e) (iii) of the definition of EVLOS operation class 2 in section 5.04

insert

Note The system must use reliable modern technology that enables effective spoken communication.

[64] Section 5.04, definition of EVLOS operation class 2, Note 2

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he or she

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the remote pilot

[65] Sub-subparagraph 5.06 (c) (i) (B)

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(B) a RePL holder of the certified RPA operator who is:

(I) is authorised under the operator’s ReOC to conduct the relevant proficiency check; and

(II) approved in writing for the purpose by the operator’s chief remote pilot; or

[66] Subsection 5.07 (5)

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his or her

insert

their

[67] Section 5.10

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5.10 Communications in an EVLOS operation class 2

For an EVLOS operation class 2, the communication system (the primary communication system) used by the remote pilot and each observer must be supported by an alternative or backup communication system (the secondary communication system) that can be immediately activated if the primary communication system fails.

[68] Section 5.11

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5.11 Control and communication links must be maintained in an EVLOS operation

(1) In an EVLOS operation, an RPA may only be flown:

(a) while the control link performance from the remote pilot station to the RPA is reliably and consistently maintained; and

(b) while the communication link between the remote pilot and a relevant observer is maintained; and

(i) 1 500 m;

(ii) the distance at which the relevant observer is able to perform all of their duties.

Note 1 The duties of a relevant observer are set out in paragraph (e) of the definition of EVLOS operation class 1, or paragraph (e) of the definition of EVLOS operation class 2, as applicable.

Note 2 For a CASA approval under subsection 5.03 (3), the operator’s practices and procedures would be assessed to determine how aviation safety margins were to be maintained and monitored; and whether reliable procedures were in place capable of identifying and addressing any degradation in control or communication links.

(2) An RPA operator who, immediately before the commencement of this section held an approval under section 5.03 for an EVLOS operation, may continue to operate the relevant RPA under the approval as if it continued in force for the duration of the approval (unless it is otherwise revoked by CASA).

[69] Paragraph 5.14 (b)

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he or she

insert

they

[70] Section 5.17, the heading

repeal and substitute

5.17 Procedures for loss of communications in an EVLOS operation class 2

[71] Paragraph 5.17 (1) (a)

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radio or telephone

[72] Subsection 9.01 (1)

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Without affecting Division 9.2, for

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For

[73] Section 9.02, definition of area that is shaded black

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9.05

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9.06

[74] Section 9.02, definition of area that is shaded grey

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9.05

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9.06

[75] Section 9.02, definition of no-fly zone of a non-controlled aerodrome, paragraph (b)

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9.05

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9.06

[76] Section 9.02, definition of no-fly zone of a non-controlled aerodrome, the Note

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insect

insert

intersect

[77] Section 9.03

repeal and substitute

9.02A Meaning of to become aware

In sections 9.03 and 9.04, to become aware that a relevant event is occurring, or is about to occur, is taken to mean the state of awareness that a reasonable person would have, in all the circumstances, that the relevant event was occurring, or was about to occur.

9.03 RPA flight in the no-fly zone of a non-controlled aerodrome

(1) A person may fly an RPA, or conduct RPA operations, in relevant airspace provided that:

(a) the flight or operation does not occur during a relevant event; and

(b) if, during the flight or operation, the person becomes aware that a relevant event is occurring, or is about to occur — the person complies with section 9.04.

Note A remote pilot with a relevant radio qualification should monitor the aerodrome radio frequency and communicate with manned aircraft using the aerodrome frequency.

(2) Despite subsection (1), a certified RPA operator may conduct RPA operations in relevant airspace during a relevant event, but only if the RPA operation is exclusively:

(a) an indoors operation; or

(b) a tethered operation in accordance with section 9.05; or

(3) Despite subsection (1), a person who is not a certified RPA operator may fly an RPA in relevant airspace during a relevant event but only if the flight is exclusively an indoors flight.

Note 1 Thus, a person who is not a certified RPA operator may fly an RPA, including a micro RPA, in relevant airspace, only if the flight is exclusively an indoors flight, or if the flight is not occurring during a relevant event, provided that if the person becomes aware that a relevant event is occurring, or is about to occur, the person complies with the requirements of section 9.04.

Note 2 By virtue of subregulation 101.075 (4) of CASR, a person must not fly a model aircraft in the no-fly zone of relevant airspace during a relevant event at a non-controlled aerodrome. On becoming aware that a relevant event is occurring, or is about to occur, a person flying a model aircraft must take immediate action to safely manoeuvre away from the path of the piloted aircraft and land as soon as safely possible.

[78] Subsection 9.04 (1)

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(1) If the person

insert

If the person

[79] Subsection 9.04 (2), including the Note

repeal

[80] Subsection 9.06 (1)

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certified aerodrome

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aerodrome

[81] Paragraph 9.06 (3) (a)

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8.5 km

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7 km

[82] Division 9.2 (sections 9.07, 9.08, and 9.09)

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Division 9.2 RESERVED

[83] Section 10.01, definition of unique identification mark

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he or she

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the particular operator

[84] Section 10.03

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10.03 Certain operational and training records to be kept

(1) A certified RPA operator must ensure that the chief remote pilot keeps the following RPAS operational records:

(a) if a job safety assessment that is carried out in relation to the operation — a copy of the assessment;

(b) if a risk management plan is produced for an RPA operation — a copy of the plan;

(2) If the certified RPA operator conducts training that is not a RePL training course, the operator must ensure that the chief remote pilot keeps a record of the training, including the following:

(a) the full name and ARN of each individual being trained;

(b) each date of the training;

(d) the outcome of the training for each individual.

Note Under paragraph 101.342 (b) of CASR, the chief remote pilot must maintain a record of the qualifications held by each person operating an RPA for the operator.

(3) Each record mentioned in this section must be kept for at least 7 years after the day the record was made.

[85] After section 10.03

insert

10.03A RePL training course records

(1) A certified RPA operator must ensure that the chief remote pilot keeps the following RePL training course records:

(a) the full name and ARN of each applicant who attended the course;

(aa) the name and nature of the course, including by reference to the RPA category, type, and complexity;

(b) each date on which the course was conducted;

(d) the outcome of the course for each applicant;

(e) the aeronautical knowledge examination as completed by each applicant and assessed by the examiner;

(f) for each examination attempted by each applicant:

(i) the applicant’s full name and ARN;

(ii) the date of the examination;

(iii) whether the examination was a second or subsequent attempt (a resit);

Note See also subsection 2.09 (3).

(iv) the mark awarded to the applicant for the examination, and whether the applicant passed the examination;

(g) for each flight test attempted by each applicant:

(i) the list of questions asked of the applicant to demonstrate their knowledge for the purposes of the matters (the items) mentioned in clause 2 of the relevant Appendix in Schedule 6 (the relevant clause 2);

(ii) for each question in the list, whether the candidate demonstrated a satisfactory level of knowledge;

(iii) if the examiner invoked subsection 2.31 (5) with respect to any item mentioned in the relevant clause 2 — details of the matter;

(iv) any specified additional training for subsection 2.31 (9);

(v) the overall assessment of the applicant’s level of knowledge;

(vi) for each unit of competency, item and manoeuvre, and accuracy and tolerance mentioned for subsection 2.31 (3) in the practical flight standards in the relevant Appendix in Schedule 6 — whether or not the applicant demonstrated competency;

(vii) the overall assessment of the applicant’s level of practical competency.

(h) for each flight test attempted by each applicant — the category, type, and complexity of the RPA used for the flight test.

(2) Each record mentioned in this section must be kept for at least 7 years after the day the record was made.

[86] Paragraph 10.04 (1) (b)

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the type, model and unique identification mark;

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the type and model;

[87] Subparagraph 10.04 (1) (e) (ii)

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(ii) the maximum height (AGL) permitted for the operation;

[88] Paragraph 10.04 (1) (g)

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name

insert

and position as described in the operator’s documented practices and procedures;

Note The individual’s actual duties will, therefore, be found in the operator’s documented practices and procedures.

[89] Paragraph 10.04 (1) (j), including the Note

repeal and substitute

(j) that the relevant RPA is serviceable for the operation.

[90] Subsection 10.04 (2)

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(2) An RPA operation must not commence until the RPAS operational release has been approved by a person authorised for the purpose under the operator’s documented practices and procedures.

Note The approved operational release can be provided electronically, for example, through a software program or an email.

[91] Subsection 10.04 (4)

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[92] Paragraph 10.05 (1) (i)

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[93] Paragraph 10.05 (1) (k)

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(k) whether the RPA became unserviceable during the operation;

[94] Paragraph 10.05 (1) (l), the Note

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Note The RPAS operational log may be a confirmation that no operational release records have changed. If operational release records have changed, such changes may be individually identified and do not require completion of a separate operational log.

[95] Subsection 10.06 (1)

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his or her

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their

[96] Subparagraph 10.07 (1) (c) (iii)

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and the minimum

[97] Subsection 10.07 (3)

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he or she

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the operator

[98] Subsection 10.07 (4), the chapeau

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he or she

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the operator

[99] Paragraph 10.07 (4) (b)

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he or she

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the person

[100] Subsection 10.11 (2)

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his or her

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their

[101] Subparagraph 10.12 (2) (a) (iii)

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and the minimum

[102] Subsection 10.12 (4)

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he or she

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the operator

[103] Paragraph 10.12 (5), the chapeau

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he or she

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the operator

[104] Paragraph 10.12 (5) (b)

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he or she

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the person

[105] Paragraph 10.17 (3) (f), including the Note

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(f) the types of RPA operated by the certified RPA operator;

Note See the definition of type in subsection 1.04 (2).

[106] After paragraph 10.17 (3) (g)

insert

Note If a change is to be a significant change, it will require a separate CASA approval in advance under Chapter 10A. Unlike other matters mentioned in subsection (3), a proposed significant change cannot be made and then notified to CASA after the event. See subsection (4), and the definition of significant change in subsection 1.04 (2).

[107] Subsection 10.17 (4)

repeal and substitute

(4) The certified RPA operator must give CASA the information mentioned in subsections (2) and (3):

(a) for a change that is not a significant change — not later than 21 days after the day the change occurred; and

(b) for a change that is significant change — before the change occurs.

(4A) A certified RPA operator must not make a significant change unless CASA has first approved the significant change under Chapter 10A.

[108] Paragraph 10.17 (5) (b)

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the approval.

insert

the approved form and manner for the information.

[109] Paragraph 10.17 (5) (b), the Note

repeal and substitute

Note The effect of subsection (5) is that the relevant information must be given to CASA whether or not there is a CASA-approved form and manner; but if there is a CASA-approved form and manner, giving the information must be in accordance with it.

[110] After section 10.18

insert

CHAPTER 10A SIGNIFICANT CHANGES

Division 10A.1 General

10A.01 Purpose

(1) This Chapter is for the definition of significant change in subsection 1.04 (2).

(2) A certified RPA operator to whom section 10.17 applies (the operator), must not make a significant change unless CASA has, in writing, approved the significant change.

(3) The operator may, on the approved form, make a written application to CASA to approve a significant change.

(4) CASA may approve a significant change, with or without conditions, but only if:

(a) the change is consistent with the nature and scope of operator’s certification; and

(b) would have no adverse effect on aviation safety.

Note For applications and approvals, see Subparts 11.B and 11.BA of CASR.

10A.02 Transition to the 18 October 2023 amendments by existing operators

(1) This section applies to a person who was a certified RPA operator immediately before 19 April 2023 (the operator).

(2) If, on or after 19 April 2023, an operator proposes to change their documented practices and procedures to comply with or accommodate a requirement or change caused by an amendment in Schedule 2 of the Part 101 Manual of Standards (Miscellaneous Revisions) Amendment Instrument 2023 (No. 1), then:

(a) the change is deemed to be a significant change (a deemed significant change) requiring CASA approval; and

(b) the significant change forms and procedures under this Chapter apply to and for the change; and

(3) A fully completed application for approval of a deemed significant change that is submitted to CASA on or before 28 June 2023 will be determined by CASA on or before 18 October 2023.

(4) An application for approval of a deemed significant change that does not comply with paragraph (2) (c) may not be determined sooner than the day after 18 November 2023 that is the same number of days after 18 November 2023 as elapsed from (but excluding) 28 June 2023 to (but excluding) the day the application was received by CASA.

Note 1 For example, an application for the significant change received by CASA on 28 July 2023 may not be determined until, at the earliest, 18 December 2023 (29 days after 18 November 2023). A training course is not a RPL training course within the meaning of the CASR Dictionary, unless it is conducted in accordance with the standards and requirements of the Part 101 MOS. Unless a course is so compliant, a student who completes it cannot be granted a RePL licence.

Note 2 The purpose of this provision is to allow CASA to plan and program, with some element of certainty and predictability, its workload and resources across its organisation, for the contingency of late applications. Decisions on the treatment of late applications would be reviewable under section 31 of the Civil Aviation Act 1988 or regulation 201.004 (Table 201.004, item 1) of CASR.

10A.03 Transition to the 18 October 2023 amendments by new operators

(1) This section applies to a person who on or after 19 April 2023, but before 18 October 2023, first became a certified RPA operator (the operator).

(a) the change is deemed to be a significant change (a deemed significant change) requiring CASA approval; and

(b) the significant change forms and procedures under this Chapter apply to and for the change; and

(3) A fully completed application for approval of a deemed significant change that is submitted to CASA on or before 18 October 2023 will be determined by CASA as soon as practicable, before, on or after 18 October 2023.

(4) An application for approval of a deemed significant change that does not comply with paragraph (2) (c) may not be determined sooner than the day after 18 November 2023 that is the same number of days after 18 November 2023 as elapsed from (but excluding) 18 October 2023 to (but excluding) the day the application was received by CASA.

Note 1 For example, an application for the significant change received by CASA on 31 October 2023 may not be determined until, at the earliest, 1 December 2023 (12 days after 18 November 2023). A training course is not a RPL training course within the meaning of the CASR Dictionary, unless it is conducted in accordance with the standards and requirements of the Part 101 MOS. Unless a course is so compliant, a student who completes it cannot be granted a RePL licence.

Note 2 The purpose of this provision is to allow CASA to plan and program, with some element of certainty and predictability, its workload and resources across its organisation for the contingency of late applications. Decisions on the treatment of late applications would be reviewable under section 31 of the Civil Aviation Act 1988 or regulation 201.004 (Table 201.004, item 1) of CASR.

[111] Subparagraph 15.05 (c) (iii)

omit

he or she has not

insert

they have not

[112] Schedule 1, Abbreviation AC, Meaning Advisory Circular

repeal

[113] Schedule 4, Appendix 1, second occurring

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Appendix 1 Any RPA operated under an automated flight management system

Unit 8 RAFM — Automated flight management systems knowledge

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Appendix 1A Any RPA operated under an automated flight management system

Unit 8 RAFM — Automated flight management systems knowledge

[114] Schedule 5, Appendix 1, Unit 14, Range of variables, item 5, paragraph (b)

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kind

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type

[115] Schedule 5, Appendix 1, Unit 15, Range of variables, item 4, paragraph (a)

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kind

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type

[116] Schedule 5, Appendix 1, Unit 19, Range of variables, item 1, paragraph (c)

omit