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considers reasonably necessary to ensure compliance with the Act or
these Regulations in or in relation to the aircraft; and
B. detain the passengers, crew and cargo for such period as the pilot
considers reasonably necessary to ensure compliance with the Act or
these Regulations in or in relation to the aircraft.
• A person who, on an aircraft in flight, whether within or outside Australian territory,
is found committing, or is reasonably suspected of having committed, or having
attempted to commit, or of being about to commit, an offence against the Act or
these Regulations may be arrested without warrant by a member of the crew of the
aircraft in the same manner as a person who is found committing a felony may,
at common law, be arrested by a constable and shall be dealt with in the same
manner as a person so arrested by a constable.
RESTRICTION OF ADVERTISING OF COMMERCIAL OPERATIONS (CAR 210)
A person shall not give any public notice, by newspaper advertisement, broadcast
statement or any other means of public announcement to the effect that a person is
willing to undertake by use of an Australian aircraft any commercial operations unless
the last-mentioned person has obtained an Air Operator’s Certificate authorising the
conduct of those operations.
8
Civil Aviation Safety Authority Australia
GENERAL
09/2001
1
PILOT IN COMMAND
SECTION
PILOT RESPONSIBILITIES
PRIVATE OPERATIONS CAR 2 (7) (d)
1. An aircraft that is flying or operating for the purpose of, or in the course of:
i. the personal transportation of the owner of the aircraft;
ii. aerial spotting where no remuneration is received by the pilot or the
owner of the aircraft or by any person or organisation on whose behalf
the spotting is conducted;
iii. agricultural operations on land owned and occupied by the owner of the
aircraft;
iv. aerial photography where no remuneration is received by the pilot or the
owner of the aircraft or by any person or organisation on whose behalf
the photography is conducted;
v. the carriage of persons or the carriage of goods without a charge for the
carriage being made other than the carriage, for the purposes of trade,
of goods being the property of the pilot, the owner or the hirer of the
aircraft;
vi. the carriage of persons in accordance with paragraph (2);
vii. the carriage of goods otherwise than for the purposes of trade;
viii. conversion training for the purpose of endorsement of an additional
type or category of aircraft in a pilot licence; or
ix. any other activity of a kind substantially similar to any of those specified
in subparagraphs (i) to (vi) (inclusive);
shall be taken to be employed in private operations.
2. An aircraft that carries persons on a flight, otherwise than in accordance with a
fixed schedule between terminals, is employed in a private operation if:
i. public notice of the flight has not been given by any form of public
advertisement or announcement; and
ii. the number of persons on the flight, including the operating crew, does
not exceed 6; and
iii. no payment is made for the services of the operating crew; and
iv. the persons on the flight, including the operating crew, share equally
in the costs of the flight; and
v. no payment is required for a person on the flight other than a payment
under paragraph iv.
9
Civil Aviation Safety Authority Australia
GENERAL
09/2001
1
PILOT IN COMMAND
SECTION
PILOT RESPONSIBILITIES
COMMERCIAL PURPOSES (Act, s 27(9)) (CAR 206)
• The following commercial purposes are prescribed:
A. aerial work purposes, being purposes of the following kinds:
i. aerial surveying;
ii. aerial spotting;
iii. agricultural operations;
iv. aerial photography;
v. advertising;
vi. flying training, other than conversion training or training carried
out under an experimental certificate issued under regulation
21.195A of CAR 1998 or under a permission to fly in force
under sub-regulation 317 (1);
vii. ambulance functions;
viii. carriage, for the purposes of trade, of goods being the
property of the pilot, the owner or the hirer of the aircraft (not
being a carriage of goods in accordance with fixed schedules
to and from fixed terminals);
ix. any other purpose that is substantially similar to any of those
specified in sub-paragraphs (i) to (vii) (inclusive);
B. charter purposes, being purposes of the following kinds:
- the carriage of passengers or cargo for hire or reward to or from
any place, other than carriage in accordance with fixed schedules
to and from fixed terminals or carriage for an operation
　
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