7Application of Part 2

7 Application of Part 2

(1) Subject to subsection (3), this Part applies only in relation to matters involving the following: (a) the operation of an Australian aircraft (within the meaning of the Civil Aviation Act 1988) in the course of relevant air navigation; (b) the operation of a foreign registered aircraft (within the meaning of the Civil Aviation Act 1988) in the course of relevant air navigation, if the foreign registered aircraft is flying into or out of Australian territory or operating in Australian territory. (2) For the purposes of this instrument, relevant air navigation means air navigation in relation to which, under subsection 11(1) of the Act, the ATSB’s powers may be exercised. (3) This Part does not apply to the operation of the following aircraft (excluded aircraft): (a) an Australian defence aircraft; (b) an exempt foreign aircraft; (c) an RPA that is not a type 1 RPA or a type 2 RPA; (d) a model aircraft (within the meaning of the Civil Aviation Safety Regulations 1998); (e) a small balloon (within the meaning of the Civil Aviation Safety Regulations 1998); (f) a light balloon (within the meaning of the Civil Aviation Safety Regulations 1998); (g) a tethered balloon (within the meaning of the Civil Aviation Safety Regulations 1998); (h) a kite.

Note: A tethered balloon is an excluded aircraft under paragraph (g) so long as it remains tethered. If it ceases to be tethered, it may cease to be an excluded aircraft unless it is excluded under another paragraph of this subsection (for example, if it is a small balloon mentioned in paragraph (e)).

(4) To avoid doubt, if a matter involves the operation of: (a) an excluded aircraft; and (b) an aircraft (the second aircraft) that is not an excluded aircraft; subsection (3) does not prevent the matter from being a reportable matter in relation to the second aircraft. (5) Subject to subsection (7), in relation to a particular crewed aircraft, this Part applies only in relation to matters occurring during the period: (a) beginning when the aircraft is being prepared for take‑off; and (b) ending when all passengers and crew members have disembarked after the flight. (6) Subject to subsection (7), in relation to a particular uncrewed aircraft, this Part applies only in relation to matters occurring during the period: (a) beginning when the aircraft is ready to move with the purpose of flight; and (b) ending when: (i) if the aircraft has a primary propulsion system—the aircraft comes to rest at the end of the flight and the primary propulsion system is shut down; or (ii) otherwise—the aircraft comes to rest at the end of the flight. (7) This Part also applies in relation to: (a) a fatal aircraft‑related injury if the death, or the injury that results in the death, occurs as a result of a matter occurring during the period mentioned in subsection (5) or (6); and (b) a serious aircraft‑related injury if the injury occurs as a result of a matter occurring during the period mentioned in subsection (5) or (6).