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Old 28th Jul 2014, 14:04
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JustJoinedToSearch
 
Join Date: Sep 2010
Location: Melbourne
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I would have thought CAR 2(7) was the reference. Although I must admit just having looked at it then, it's been rewritten since I last saw it.
My italics.
Code:
(7)For the purposes of these Regulations:                                            (d)  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 [flying the owner around. Whether by himself, or a PPL pilot for free, or a PPL pilot paid a billion dollars a year];
                               (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[self explanatory];
                              (iii)  agricultural operations on land owned and occupied by the owner of the aircraft[self explanatory];
                              (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[self explanatory];
                             [this one seems to trip people up]  (v)  the carriage of persons or the carriage of goods without a charge for the carriage being made [carrying pax or cargo for free] 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[carrying goods for free is not allowed if they are for the purposes of trade];
                             (va)  the carriage of persons in accordance with subregulation (7A);
                              (vi)  the carriage of goods otherwise than for the purposes of trade[this has been added since I last saw it. Repeating (v) for emphasis I assume.];
                             (vii)  conversion training for the purpose of endorsement of an additional type or category of aircraft in a pilot licence; or
                            (viii)  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.
  (7A)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:
                       (a)  public notice of the flight has not been given by any form of public advertisement or announcement; and
                       (b)  the number of persons on the flight, including the operating crew, does not exceed 6; and
                       (c)  no payment is made for the services of the operating crew; and
                       (d)  the persons on the flight, including the operating crew, share equally in the costs of the flight; and
                       (e)  no payment is required for a person on the flight other than a payment under paragraph (d).
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