Accreditation or remote pilot licence requirement for excluded and micro RPA

In plain language

To fly an excluded drone or a micro drone you must hold either a CASA accreditation or a remote pilot licence (RePL). Breaking this is a strict liability offence. A child under 16 may fly one without either if supervised by an adult (18 or over) who holds one.

Requirement as structured

A person must not operate an excluded RPA or a micro RPA unless the person holds an accreditation authorising them to operate excluded RPA and micro RPA, or a remote pilot licence (strict liability, 50 penalty units). This does not apply to a person under 16 operating an excluded RPA or micro RPA while supervised by a person at least 18 years old who holds such an accreditation or a remote pilot licence.

Original regulatory text

Excluded RPA and micro RPA (1) A person commits an offence of strict liability if: (a) the person operates an excluded RPA or a micro RPA; and (b) the person holds neither of the following: (i) an accreditation authorising the person to operate excluded RPA and micro RPA; (ii) a remote pilot licence. Penalty: 50 penalty units. General exception—excluded RPA operated by child under adult supervision (4) Subregulation (1) does not apply to a person under 16 years old (the child) operating an excluded RPA or a micro RPA if: (a) when the aircraft is being operated, the child is being supervised by another person (the supervisor); and (b) the supervisor is at least 18 years old; and (c) the supervisor holds: (i) an accreditation authorising the supervisor to operate excluded RPA and micro RPA; or (ii) a remote pilot licence. Note: A defendant bears an evidential burden in relation to the matters in this subregulation—see subsection 13.3(3) of the Criminal Code.