An Act to establish a Civil Aviation Safety Authority with functions relating to civil aviation, in particular the safety of civil aviation, and for related purposes

Part I—Preliminary

1 Short title [see Note 1]

This Act may be cited as the Civil Aviation Act 1988.

2 Commencement [see Note 1]

(1) Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent.

(2) Part III, section 98 and Part X, and the amendments made by Part IX, commence on a day or days to be fixed by Proclamation.

3 Interpretation

(1) In this Act, unless the contrary intention appears:

83 bis agreement means an agreement entered into under Article 83 bis of the Chicago Convention.

AA means Airservices Australia established by the Air Services Act 1995.

aerodrome means an area of land or water (including any buildings, installations and equipment), the use of which as an aerodrome is authorised under the regulations, being such an area intended for use wholly or partly for the arrival, departure or movement of aircraft.

aircraft means any machine or craft that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth’s surface.

air route means the navigable airspace between two points and the terrain beneath such airspace identified, to the extent necessary, for application of flight rules.

air route and airway facilities means facilities provided to permit safe navigation of aircraft within the airspace of air routes and airways, including:

(a) visual and non‑visual aids along the air routes and airways;

(b) visual and non‑visual aids to approach and landing at aerodromes;

(d) meteorological observations;

(e) air traffic control services and facilities; and

(f) flight service services and facilities.

airway means a designated path in an air route identified by an area of specified width on the surface of the earth.

AOC means an Air Operator’s Certificate issued under Division 2 of Part III.

Australian aircraft means aircraft registered in Australia.

Note: Some references to Australian aircraft may be affected by the operation of section 4A.

Australian territory means:

(a) the territory of Australia and of every external Territory;

(b) the territorial sea of Australia and of every external Territory; and

authorised officer means an officer authorised by CASA in writing to act under the provision in which the expression occurs.

authority of the Commonwealth includes:

(a) the Defence Force;

(b) the Australian Customs Service;

(d) a body, whether incorporated or not, established for public purposes by or under a law of the Commonwealth or of a Territory;

(e) the holder of an office established for public purposes by or under a law of the Commonwealth or of a Territory; and

(f) a company in which the whole of the shares or stock, or shares or stock carrying more than half the voting power, is or are owned by or on behalf of the Commonwealth.

aviation safety standards means standards relating to the following:

(a) the flight crews engaged in operations of aircraft;

(b) the design, construction, maintenance, operation and use of aircraft and related equipment;

(d) the establishment and use of airspace;

(e) the planning, construction, establishment, maintenance, operation and use of:

(i) facilities of the kind referred to in paragraph 8(1)(a) of the Air Services Act 1995; and

(ii) services of the kind referred to in paragraph 8(1)(b) of the Air Services Act 1995; and

(iii) services of the kind referred to in paragraph 6(1)(b) of the Australian Maritime Safety Authority Act 1990 to the extent that those services use aircraft;

and any construction associated with those facilities or services;

(f) the personnel engaged in:

(i) the maintenance of aircraft and related equipment; or

(ii) anything referred to in paragraph (c) or (e).

aviation security means a combination of measures and human and material resources intended to safeguard civil aviation against acts of unlawful interference.

CASA means the Civil Aviation Safety Authority established by this Act.

certificate includes an AOC.

Chicago Convention means:

(a) the Convention on International Civil Aviation done at Chicago on 7 December 1944, whose English text is set out in Schedule 1 to the Air Navigation Act 1920;

(b) the Protocols amending that Convention, being the Protocols referred to in subsection 3A(2) of that Act, whose English texts are set out in Schedules to that Act; and

(c) the Annexes to that Convention relating to international standards and recommended practices, being Annexes adopted in accordance with that Convention.

civil aviation authorisation means an authorisation under the regulations to undertake a particular activity (whether the authorisation is called an authority, licence, certificate, rating or endorsement or is known by some other name).

Civil Aviation Orders means the orders made under subsection 98(4A) or referred to in subsection 98(5).

Contracting State means a foreign country that is a party to the Chicago Convention.

corporate plan means a corporate plan prepared by the Director under subsection 44(1).

Council means the Council of the International Civil Aviation Organization.

country where the aircraft is registered, in relation to an aircraft registered under a joint registration plan or an international registration plan, means any Contracting State that is a member of the international operating agency that established the plan.

Director means the Director of Aviation Safety appointed under section 84.

flight means:

(a) in the case of a heavier‑than‑air aircraft, the operation of the aircraft from the moment at which the aircraft first moves under its own power for the purpose of taking‑off until the moment at which it comes to rest after being airborne; and

(b) in the case of a lighter‑than‑air aircraft, the operation of the aircraft from the moment when it becomes detached from the surface of the earth or from a fixed object on the surface of the earth until the moment when it becomes again attached to the surface of the earth or a fixed object on the surface of the earth.

foreign registered aircraft means an aircraft registered:

(a) in a foreign country; or

(b) under a joint registration plan or an international registration plan.

ICAO means the International Civil Aviation Organization referred to in the Chicago Convention.

inspection powers, in relation to prescribed premises, means the following powers:

(a) power to search the premises;

(b) power to inspect, examine, and take samples of, any substance or thing on or in the premises;

(d) power to take extracts from, or make copies of, any books, records or documents relating to an aircraft or required to be kept under this Act or the regulations.

international operating agency has the same meaning as in the regulations.

international registration plan has the same meaning as in the regulations.

investigator means an investigator appointed under section 32AA.

joint registration plan has the same meaning as in the regulations.

licence, except in paragraph 26(2)(b), includes a rating or other endorsement on a licence.

manoeuvring area means that part of an aerodrome to be used for the take‑off and landing of aircraft and for the movement of aircraft associated with take‑off and landing, but does not include any part of an aerodrome to be used:

(a) for the purpose of enabling passengers to board aircraft or disembark from aircraft;

(b) for loading cargo on to aircraft or unloading cargo from aircraft; or

non‑scheduled flight means a flight over or into Australian territory otherwise than under the authority of an international airline licence issued under the Air Navigation Act 1920.

occupier, in relation to prescribed premises, being an aircraft, vessel or vehicle, means the person apparently in charge of the aircraft, vessel or vehicle.

officer means a member of the staff of CASA.

operate, in relation to an aerodrome, includes manage, maintain and improve the aerodrome.

premises means:

(a) an area of land or any other place, whether or not it is enclosed or built on; or

(b) a structure, building, aircraft, vessel or vehicle;

and includes a part of any such premises.

prescribed premises means premises connected with, or used for the purposes of, activities related to civil aviation, or where any records relating to such activities are kept.

provide includes maintain, operate and use.

regulated domestic flight means a flight:

(a) that is undertaken wholly within Australia for a purpose prescribed by the regulations for the purposes of subsection 27(9); and

(b) that is not undertaken as part of a flight into or out of Australian territory.

regulatory function means the function under subsection 9(1).

state aircraft means:

(a) aircraft of any part of the Defence Force (including any aircraft that is commanded by a member of that Force in the course of duties as such a member); and

(b) aircraft used in the military, customs or police services of a foreign country.

time‑in‑service, in relation to an aircraft, has the same meaning as in the regulations.

vehicle includes:

(a) a trailer, caravan or portion of an articulated vehicle; and

(b) an object that was designed or adapted for use as a vehicle but is incapable of being so used because:

(i) a part has, or parts have, been removed from it; or

(ii) it is in a wrecked or damaged condition.

3A Main object of this Act

The main object of this Act is to establish a regulatory framework for maintaining, enhancing and promoting the safety of civil aviation, with particular emphasis on preventing aviation accidents and incidents.

4 Application to state aircraft

Except where the expression state aircraft is used, references in Part III or IIIB or section 98 to aircraft or air navigation do not include references to state aircraft or air navigation by state aircraft.

4A Application to aircraft subject to 83 bis agreements

(1) In this section:

function includes duties;

this Act includes the regulations.

(2) Despite anything in this Act, a provision in this Act (the applied provision) applies to an aircraft that is registered in a Contracting State as if the aircraft were an Australian aircraft if:

(a) an 83 bis agreement to which Australia is a party and which is in force has the effect of transferring a function of the Contracting State as the State of registry in respect of the aircraft to Australia; and

(b) the agreement states that the applied provision relates to that function.

(3) Despite anything in this Act, a provision in this Act (the disapplied provision) does not apply to an Australian aircraft if:

(a) an 83 bis agreement to which Australia is a party and which is in force has the effect of transferring a function of Australia as the State of registry in respect of the aircraft to a Contracting State; and

(b) the agreement states that the disapplied provision relates to that function.

(4) Despite anything in this Act, a reference in this Act (other than subsections (2) and (3) of this section) to or in relation to a Contracting State in which an aircraft is registered includes a reference to or in relation to another Contracting State to which any function of the State of registry in respect of that aircraft has been transferred under an 83 bis agreement that has effect in relation to Australia in accordance with Article 83 bis of the Chicago Convention.

(5) If:

(a) Australia has entered into an 83 bis agreement; or

(b) an 83 bis agreement to which Australia is a party has been amended;

CASA must, as soon as practicable, publish a Gazette notice setting out particulars of the agreement or amendment.

(6) Without limiting subsection (5), the notice must set out:

(a) the Contracting State that is the other party to the agreement; and

(b) the date of commencement of the agreement or amendment; and

(d) the functions of the State of registry in respect of the aircraft that are transferred under the agreement or amendment; and

(e) the provisions of this Act that are stated in the agreement or amendment to be related to the functions.

(7) If an 83 bis agreement has ceased to be in force, CASA must, as soon as practicable, publish a Gazette notice setting out particulars of that cessation.

(8) A notice under subsection (5) or (7) is evidence of the matters stated in it.

5 Act to bind Crown

(1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.

(2) Nothing in this Act renders the Crown liable to be prosecuted for an offence, but this subsection does not prevent the prosecution of:

(a) a member of the crew of an aircraft owned by the Crown; or

(b) any other person employed by the Crown.

6 Extension to external Territories

This Act extends to all the external Territories.

7 Extra‑territorial application

This Act extends to matters relating to:

(a) foreign aircraft flying into or out of Australian territory or operating in Australian territory; and

(aa) foreign aircraft specified in any 83 bis agreement that has the effect of transferring functions or duties; and

(ab) the provision of services referred to in subsection 9(4); and

(b) subject to any 83 bis agreement, Australian aircraft operating outside Australian territory.

7A Application of the Criminal Code

Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences created by this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Part II—Establishment, functions etc. of CASA

8 Establishment of CASA

(1) An authority called the Civil Aviation Safety Authority is established by this subsection.

(2) CASA:

(a) is a body corporate with perpetual succession;

(b) shall have a seal; and

Note: The Commonwealth Authorities and Companies Act 1997 applies to the CASA. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

(3) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of CASA appearing on a document and shall presume that the document was duly sealed.

9 CASA’s functions

(1) CASA has the function of conducting the safety regulation of the following, in accordance with this Act and the regulations:

(a) civil air operations in Australian territory;

(b) the operation of Australian aircraft outside Australian territory;

by means that include the following:

(d) developing effective enforcement strategies to secure compliance with aviation safety standards;

(e) issuing certificates, licences, registrations and permits;

(f) conducting comprehensive aviation industry surveillance, including assessment of safety‑related decisions taken by industry management at all levels for their impact on aviation safety;

(g) conducting regular reviews of the system of civil aviation safety in order to monitor the safety performance of the aviation industry, to identify safety‑related trends and risk factors and to promote the development and improvement of the system;

(h) conducting regular and timely assessment of international safety developments.

(2) CASA also has the following safety‑related functions:

(a) encouraging a greater acceptance by the aviation industry of its obligation to maintain high standards of aviation safety, through:

(i) comprehensive safety education and training programs; and

(ii) accurate and timely aviation safety advice; and

(iii) fostering an awareness in industry management, and within the community generally, of the importance of aviation safety and compliance with relevant legislation;

(b) promoting full and effective consultation and communication with all interested parties on aviation safety issues.

(3) CASA also has the following functions:

(a) co‑operating with the Executive Director of Transport Safety Investigation in relation to investigations under the Transport Safety Investigation Act 2003 that relate to aircraft;

(b) any functions conferred on CASA under the Civil Aviation (Carriers’ Liability) Act 1959, or under a corresponding law of a State or Territory;

(ca) entering into 83 bis agreements on behalf of Australia;

(d) any other functions prescribed by the regulations, being functions relating to any matters referred to in this section;

(e) promoting the development of Australia’s civil aviation safety capabilities, skills and services, for the benefit of the Australian community and for export;

(f) providing consultancy and management services relating to any of the matters referred to in this section, both within and outside Australian territory;

(g) any functions incidental to any of the functions specified in this section.

(4) In performing the function under paragraph (3)(f), CASA may, under a contract with a foreign country or with an agency of a foreign country, provide services for that country or agency in relation to the regulation of the safety of air navigation or any other matter in which CASA has expertise. Those services may include conducting safety regulation in relation to foreign aircraft under the law of a foreign country.

(5) CASA’s functions do not include responsibility for aviation security.

9A Performance of functions

(1) In exercising its powers and performing its functions, CASA must regard the safety of air navigation as the most important consideration.

(2) Subject to subsection (1), CASA must exercise its powers and perform its functions in a manner that ensures that, as far as is practicable, the environment is protected from:

(a) the effects of the operation and use of aircraft; and

(b) the effects associated with the operation and use of aircraft.

11 Functions to be performed in accordance with international agreements

CASA shall perform its functions in a manner consistent with the obligations of Australia under the Chicago Convention and any other agreement between Australia and any other country or countries relating to the safety of air navigation.

12 Directions

(1) The Minister may give CASA written directions as to the performance of its functions or the exercise of its powers.

(1A) Without limiting subsection (1), a direction under that subsection may require CASA to consult:

(a) in the manner specified by the Minister; and

(b) about matters specified by the Minister; and

(2) Directions as to the performance of its regulatory function shall be only of a general nature.

(4) CASA must comply with a direction given under subsection (1).

(5) This section does not affect the application of section 28 of the Commonwealth Authorities and Companies Act 1997 in relation to CASA.

Note: Section 28 of the Commonwealth Authorities and Companies Act 1995 provides for notification of general policies of the Commonwealth Government that are to apply to CASA.

12A Minister may give CASA notices about its strategic direction etc.

(1) The Minister may notify CASA in writing of the Minister’s views on the following matters:

(a) the appropriate strategic direction for CASA;

(b) the manner in which CASA should perform its functions.

(1A) Subsection (1) does not permit the Minister to notify views in relation to a particular case or a particular holder of a civil aviation authorisation.

(2) In performing its functions, CASA must act in accordance with notices given under subsection (1).

12B Minister may direct CASA to give documents and information to nominee

(1) The Minister may direct CASA to give to a specified ministerial nominee any documents or information relating to CASA’s operations that the nominee requests.

(2) CASA must comply with the direction.

(3) In this section:

ministerial nominee means a person whose responsibilities or duties include advising the Minister about CASA’s performance and strategies.

12C Director and Minister may enter into agreements about the performance of CASA’s functions etc.

(1) The Minister may enter into an agreement with the Director about the performance of CASA’s functions and the exercise of CASA’s powers.

(2) The Director must take all reasonable steps to comply with the terms of an agreement.

(3) The Director must notify the Minister of any matters that may significantly affect the Director’s ability to comply with a term of an agreement.

(4) Subsection (1) does not permit an agreement to the extent that a term of the agreement would have the effect of requiring CASA to perform a function or exercise a power in relation to a particular case or a particular holder of a civil aviation authorisation.

12D CASA must report to the Minister as required

(1) The Minister may direct CASA to report to the Minister or to the Secretary of the Department in accordance with arrangements specified by the Minister and about matters specified by the Minister.

(2) CASA must comply with a direction under subsection (1).

13 CASA’s powers

(1) In addition to any other powers conferred on it by this Act, CASA has, subject to this Act, power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

(2) Without limiting the generality of subsection (1), the powers include, subject to this Act, power:

(a) to enter into contracts; and

(b) to acquire, hold and dispose of real and personal property; and

(e) to let on hire plant, machinery, equipment or goods of CASA not immediately required by CASA; and

(f) to do anything incidental to any of the powers specified in this subsection or otherwise conferred on CASA.

(4) Where CASA may provide a service, CASA may do so:

(a) itself;

(b) in co‑operation with another person (including the Commonwealth); or

(5) CASA may appoint a body or bodies to advise CASA in relation to the performance of its functions.

16 Consultation

In the performance of its functions and the exercise of its powers, CASA must, where appropriate, consult with government, commercial, industrial, consumer and other relevant bodies and organisations (including ICAO and bodies representing the aviation industry).

Part III—Regulation of civil aviation

Division 1—General regulatory provisions

18 Permissions must be based on safety matters

(1) If a person applies to CASA for a permission, CASA must give the permission if CASA is satisfied that the person has complied with, or is capable of complying with, the safety rules (including rules about the competence of persons to do anything that would be covered by the permission).

(2) CASA must not do any of the following, except to ensure compliance with the safety rules:

(a) impose a condition on a permission;

(b) vary a condition of a permission;

(3) In this section:

permission means a permission under this Part (other than paragraph 19(2)(c) or section 27A), but does not include an AOC.

safety rules means the provisions of this Act, and of the regulations, that relate to safety.

19 Civil Air Ensign

(1) The design and colours of the Civil Air Ensign of Australia are as specified by notification in the Gazette on 4 March 1948, until another ensign is appointed in its place under section 5 of the Flags Act 1953.

(2) The Civil Air Ensign of Australia may be flown or otherwise displayed:

(a) by CASA; or

(aa) by AA; or

(b) on an Australian aircraft engaged in international air navigation; or

(3) Except as provided in subsection (2), a person shall not fly or otherwise display the Civil Air Ensign.

Penalty: 5 penalty units.

(4) An offence under subsection (3) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

20AA Flying unregistered aircraft etc.

Flying an unregistered aircraft

(1) A person must not fly an aircraft within Australian territory if:

(a) the aircraft is not registered under the regulations; and

(b) the aircraft is, under this Act or those regulations, required to be registered under those regulations.

Penalty: Imprisonment for 2 years.

(1A) Subsection (1) does not apply to an aircraft that is employed in private operations and that possesses the nationality of a Contracting State.

Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).

(2) In subsection (1A), employed in private operations has the same meaning as it has in the regulations.

(3) An owner, operator, hirer (not being the Crown) or pilot of an Australian aircraft must not commence a flight or permit a flight to commence if either or both of the following paragraphs apply:

(a) a certificate of airworthiness (however called) under the regulations is not in force in respect of the aircraft and the regulations do not authorise the flight without the certificate;

(b) a maintenance release under the regulations that covers the duration of the flight is not in force in respect of the aircraft and the regulations do not authorise the flight without the release.

Penalty: Imprisonment for 2 years.

20AB Flying aircraft without licence etc.

(1) A person must not perform any duty that is essential to the operation of an Australian aircraft during flight time unless:

(a) the person holds a civil aviation authorisation that is in force and authorises the person to perform that duty; or

(b) the person is authorised by or under the regulations to perform that duty without the civil aviation authorisation concerned.

Penalty: Imprisonment for 2 years.

(2) A person must not carry out maintenance on:

(a) an Australian aircraft in Australian territory; or

(b) an aircraft component for such an aircraft; or

unless the person is permitted by the regulations to carry out that maintenance.

Penalty: Imprisonment for 2 years.

(3) Nothing in subsection (1) or (2) limits the power to make regulations under this Act that provide for an offence of undertaking another activity without the appropriate civil aviation authorisation or special authorisation under the regulations.

(4) In this section, aircraft component, aircraft material, flight time and maintenance have the same meanings as in the regulations.

20AC Purported issue of authorisation

(1) A person must not purport to give a civil aviation authorisation for the purposes of the regulations unless the person is authorised under those regulations to give the authorisation.

Penalty: Imprisonment for 2 years.

(2) Without limiting subsection (1), a person is to be taken to give an authorisation for the purposes of that subsection if the person endorses the authorisation on another document (for example, endorses a rating on a licence or in a log book).

20 Defence aerodromes

CASA may arrange with the appropriate Ministers for aircraft to use an aerodrome controlled by a part of the Defence Force and, subject to the arrangement, CASA may authorise the aircraft to use the aerodrome in accordance with conditions specified by CASA.

20A Reckless operation of aircraft

(1) A person must not operate an aircraft being reckless as to whether the manner of operation could endanger the life of another person.

(2) A person must not operate an aircraft being reckless as to whether the manner of operation could endanger the person or property of another person.

21 Interference with aeronautical facilities

(1) In this section:

installation includes any electrical or other equipment or any structure.

proprietor, in relation to an installation, means the owner or user of the installation or the owner or occupier of the premises or place where the installation is installed, kept or operated.

(2) The following provisions apply if CASA believes on reasonable grounds that an installation is or may be, either actively or passively, causing interference with communications to or from aircraft, or communications to or from centres established for air traffic control, or with navigational aids or with surveillance systems, in circumstances that are likely to endanger the safety of aircraft engaged in interstate or international air navigation or air navigation within, to or from a Territory.

(3) CASA may serve a notice on the proprietor directing the proprietor to permit the installation to be inspected and tested by an officer.

(4) Upon the service of the notice, an officer may enter the premises or place where the installation is installed, kept or operated and inspect or test the installation.

(5) An officer exercising powers under subsection (4) shall produce identification in writing if requested to do so.

(6) If as a result of such an inspection or otherwise, CASA considers it necessary to do so for the safety of aircraft referred to in subsection (2), CASA may serve a notice on the proprietor directing the proprietor to make such modifications to the installation, or to take such other action, as is necessary to eliminate the cause of the interference, within a reasonable time specified in the notice.

(7) If the installation has been installed and is used and operated in accordance with all applicable laws, the proprietor may recover from CASA the amount of all reasonable expenses incurred, and of loss actually suffered, in complying with a direction under subsection (6).

(8) A person must not fail to comply with a direction contained in a notice under this section.

Penalty: Imprisonment for 12 months.

(8A) Subsection (8) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (8A) (see subsection 13.3(3) of the Criminal Code).

(9) If the proprietor fails to comply with a direction under subsection (6), CASA may authorise an officer, with such reasonable assistance as the officer requires, to enter the premises or place in which the installation is installed, kept or operated, with such force as is necessary and reasonable, and to take the action that was so directed.

(10) A notice under this section may be served personally or may be served by post at the last‑known place of residence or business of the proprietor or at the address at which the installation is installed, kept or operated.

(11) The Director may, in writing, delegate any of CASA’s powers under this section to AA.

(12) The Chief Executive Officer of AA may delegate to a member or employee of AA any powers that are delegated to AA under subsection (11).

(13) In this section:

officer includes an employee of AA.

22 Interception etc. of aircraft

(1) This section applies to:

(a) an Australian aircraft; or

(b) any other aircraft (including an aircraft that is not registered anywhere) that is, at the relevant time, being operated by an Australian operator.

(2) The pilot in command of an aircraft that is in flight over the territory of a foreign country shall not operate the aircraft for a purpose that is prejudicial to the security or public order of, or to the safety of air navigation in relation to, the foreign country.

Penalty: Imprisonment for 2 years.

(3) Where:

(a) an aircraft flies over the territory of a foreign country; and

(b) either:

(i) the flight is required to be authorised by the foreign country and is not so authorised; or

(ii) there are reasonable grounds for believing that the aircraft is being operated for a purpose that is prejudicial to the security or public order of, or to the safety of air navigation in relation to, the foreign country;

the pilot in command of the aircraft shall comply with any direction given by an authorised official of the foreign country:

(d) for the purpose of preserving the security or public order of, or the safety of air navigation in relation to, the foreign country.

Penalty: Imprisonment for 2 years.

(4) In a prosecution of a person for an offence against subsection (3) it is a defence if it is established that the person believed on reasonable grounds that compliance with the direction would be more likely to endanger the safety of the aircraft or of persons on board the aircraft than would a failure to comply with the direction.

(5) Subsections (2) and (3) do not affect any other obligation imposed by law, including the law of a foreign country, to comply with a direction given by an authorised official of a foreign country.

(6) Where a person has been convicted of an offence in respect of an act or omission under the law of the foreign country, the person is not liable to be convicted of an offence arising under subsection (2) or (3) in respect of the act or omission.

(7) In this section:

Australian operator means an operator whose principal place of business, or whose place of permanent residence, is in Australian territory.

authorised official, in relation to a foreign country, means:

(a) a member of the military, police, customs or air‑traffic control services of the foreign country; or

(b) a person authorised by the foreign country to give directions to aircraft flying over the territory of the foreign country.

operator has the same meaning as in the regulations.

territory, in relation to a foreign country, means the land and the adjacent territorial sea under the sovereignty, suzerainty, protection or mandate of the foreign country.

23 Dangerous goods

(1) An aircraft must not carry dangerous goods except:

(a) in accordance with the regulations, including any conditions subject to which the regulations permit the carriage of those goods; or

(b) with the written permission of CASA and in accordance with any conditions specified in the permission.

(2) A person must not carry or consign for carriage any dangerous goods on board an aircraft except:

(a) in accordance with the regulations, including any conditions subject to which the regulations permit the carriage or consignment of those goods; or

(b) with the written permission of CASA and in accordance with any conditions specified in the permission.

Penalty: Imprisonment for 7 years.

(2A) A person must not carry or consign for carriage any dangerous goods on board an aircraft, except:

(a) in accordance with the regulations, including any conditions subject to which the regulations permit the carriage or consignment of those goods; or

(b) with the written permission of CASA and in accordance with any conditions specified in the permission.

Penalty: Imprisonment for 2 years.

(2B) An offence under subsection (2A) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(3) In this section:

dangerous goods means:

(a) explosive substances; and

(b) things:

(i) which by reason of their nature are liable to endanger the safety of an aircraft or persons on board an aircraft; or

(ii) which the regulations declare to be dangerous goods.

(3A) Regulations made for the purposes of subparagraph (b)(ii) of the definition of dangerous goods in subsection (3) may apply, adopt or incorporate (with or without modification) the Dangerous Goods List contained in the Technical Instructions for the Safe Transport of Dangerous Goods by Air, approved and published by decision of the Council of the International Civil Aviation Organisation, as in force from time to time.

(4) Nothing in this section prevents the carriage and use on aircraft of signalling apparatus and other apparatus necessary for the operation or navigation of the aircraft or the safety of the crew or passengers.

23A Statements of the contents of cargo

(1) The regulations may require a person who, in the circumstances specified in the regulations, consigns for carriage any cargo on board an aircraft to make a statement, of a kind specified in the regulations, concerning the contents of the cargo.

(2) A person must not consign for carriage any cargo on board an aircraft, in circumstances in which regulations made for the purposes of subsection (1) require a statement to be made, unless:

(a) the cargo is accompanied by; or

(b) the person responsible for delivery of the cargo has been given;

a statement that complies with the regulations made for the purposes of that subsection.

Penalty: 30 penalty units.

23B Training relating to dangerous goods

(1) The regulations may require that persons handling, or involved in handling, cargo in the course of the cargo being carried or consigned for carriage on an aircraft are to undertake specified training relating to dangerous goods.

(2) A person must not carry or consign for carriage any cargo on board an aircraft unless each person who:

(a) handles, or is involved in the handling of, the cargo for or on behalf of the first‑mentioned person; and

(b) has been required, by regulations made for the purposes of this section, to undertake training relating to dangerous goods;

has undertaken training relating to dangerous goods in accordance with the regulations.

Penalty: 30 penalty units.

(3) In this section:

dangerous goods has the same meaning as in section 23.

24 Interference with crew or aircraft

(1) A person shall not, while in an aircraft:

(a) do any act that interferes with a crew member; or

(b) do any act that threatens the safety of the aircraft or of persons on board the aircraft.

(2) A person shall not do any act that tampers with an aircraft or an aircraft component or item of equipment.

Penalty: Imprisonment for 2 years.

25 Non‑scheduled flights by foreign aircraft

(1) Notwithstanding anything in section 14 of the Air Navigation Act 1920, if CASA considers that an aircraft possessing the nationality of a Contracting State intends, in the course of a non‑scheduled flight over Australian territory, to proceed over regions that are inaccessible or without adequate air navigation facilities, CASA may direct:

(a) that the aircraft follow an established air route; or

(b) that the flight be conducted in accordance with conditions specified by CASA.

(2) Where an aircraft possessing the nationality of a Contracting State makes a non‑scheduled flight into Australian territory, it shall not take on or discharge passengers, cargo or mail in Australian territory (being passengers, cargo or mail carried, or to be carried, for reward) except with the permission of CASA and in accordance with any conditions specified in the permission.

(3) A foreign aircraft not possessing the nationality of a Contracting State shall not make a non‑scheduled flight over or into Australian territory except with the permission of CASA and in accordance with any conditions specified in the permission.

26 Aircraft on international flights to have permission

(1) An aircraft shall not, except with the permission of CASA and in accordance with any conditions specified in the permission:

(a) arrive in Australian territory from a place outside Australian territory; or

(b) depart from Australian territory for a place outside Australian territory.

(2) Subsection (1) does not apply to anything done:

(a) as provided by subsection 14(1) of the Air Navigation Act 1920;

(b) in accordance with an international airline licence issued under regulations made under that Act;

(d) as authorised by an AOC.

Division 2—Air Operators’ Certificates (AOCs)

Subdivision A—General

27 AOCs

(1) CASA may issue AOCs for the purposes of its functions.

(2) Except as authorised by an AOC, or by a permission under section 27A:

(a) an aircraft shall not fly into or out of Australian territory; and

(b) an aircraft shall not operate in Australian territory; and

(2A) An AOC may authorise the flying or operation of an aircraft, other than the operation of a foreign registered aircraft on regulated domestic flights, by authorising the flying or operation of aircraft included in a class of aircraft described in the AOC.

(2B) An AOC may be issued only to a natural person or to a body having legal personality.

(3) If a holder of an AOC makes a request in writing to CASA for the revocation of the AOC, CASA must cancel the AOC.

(7) The term of an AOC shall be as determined by CASA.

(8) An AOC is not transferable.

(9) Subsection (2) applies only to the flying or operation of an aircraft for such purposes as are prescribed.

Subdivision B—Application for AOC

27AA Application in approved form

An application for an AOC must be in a form approved by CASA.

27AB Lodgment of manuals

(2) If an applicant for an AOC is (or will be) required by the regulations or Civil Aviation Orders to have any of the following manuals, the applicant must lodge the current or proposed version of the manual concerned:

(a) an operations manual;

(b) a training and checking manual;

(3) The applicant is not required to lodge a manual under this section if the applicant has previously lodged a copy of the same version of the manual.

(4) If the applicant already holds a current AOC and is applying for a new AOC that:

(a) would authorise the same things as the current AOC; and

(b) would come into force when the term of the current AOC expires;

the applicant is required to comply with the lodgment requirements of this section only to the extent (if any) that CASA, by written notice, requires compliance.

27AC CASA may require information etc. and inspections etc.

(1) CASA may give a written notice to an applicant for an AOC, requiring the applicant to give CASA information in writing, or documents, that:

(a) are described in the notice; and

(b) are in the applicant’s possession or under the applicant’s control; and

(2) CASA may give a written notice to an applicant for an AOC, requiring the applicant to permit an authorised officer to carry out an inspection or test that:

(a) is described in the notice; and

(b) is reasonably required by CASA to properly consider the application.

(3) In this section:

aircraft component has the same meaning as in the regulations.

aircraft material has the same meaning as in the regulations.

inspection or test means an inspection or test of any of the following:

(a) any aircraft covered by the application;

(b) any aircraft component or aircraft material for, or equipment fitted to or provided in, any aircraft covered by the application;

(c) any premises used, or proposed to be used, for the purpose of conducting or carrying out the operations covered by the application;

(d) any facilities, procedures or practices used, or proposed to be used, for a purpose covered by the application.

27AD CASA may require proving flights etc.

(1) CASA may give a written notice to an applicant for an AOC, requiring the applicant:

(a) to conduct proving flights; or

(b) to carry out other aircraft tests or demonstrations of procedures;

to assess whether the applicant can safely conduct the operations covered by the application.

(2) The notice must describe the proving flights, tests or demonstrations that the applicant is required to conduct or carry out.

(3) The proving flights, tests or demonstrations must be conducted or carried out under the supervision or observation of an authorised officer and in accordance with the requirements mentioned in the notice.

27AE Application for foreign aircraft AOC

(1) CASA may give a written notice to an applicant for a foreign aircraft AOC, requiring the applicant to give CASA all or any of the following:

(a) a copy of any air operator’s certificate, or any document having substantially the same effect, issued by the authority responsible for regulating civil aviation in the country in which the aircraft is registered or operating;

(b) a copy of any limitations or conditions imposed by the authority on operations conducted or carried out by the applicant, unless those limitations or conditions are specified in a certificate or document specified in paragraph (a);

(c) copies of any operational authorisations or requirements, however described, issued by the authority in relation to the operations of the applicant, unless those authorisations or requirements are specified in a certificate or document specified in paragraph (a) or (b);

(d) written particulars of all licences held by flight crew members intended to be engaged in carrying out operations under the foreign aircraft AOC.

(2) CASA must state in the notice whether the applicant is to comply with the notice:

(a) in addition to complying with the lodgment requirements of section 27AB; or

(b) instead of complying with those requirements, or such of them as are identified in the notice.

(3) If the notice indicates that the applicant is to do something instead of complying with all or any of the requirements of section 27AB, the applicant need not comply with those requirements of section 27AB.

(4) In this section:

foreign aircraft AOC means an AOC authorising the operation of a foreign registered aircraft on flights that are not regulated domestic flights.

27AF CASA not required to consider application until requirements complied with

CASA may refuse to consider an application, or to consider it further, while there are requirements under this Subdivision that the applicant has not complied with.

Subdivision C—Operation of a foreign aircraft without AOC

27A Permission for operation of foreign registered aircraft without AOC

(1) If:

(a) a person wishes to operate a foreign registered aircraft on regulated domestic flights; and

(b) CASA has not entered into an agreement of a kind referred to in paragraph 28A(1)(a) that is necessary to permit the issue of an AOC authorising that operation;

the person may apply for a permission for the aircraft to be so operated.

(2) CASA may only grant the permission if it is satisfied that to do so will not adversely affect the safety of air navigation.

(3) The permission may be granted only for a period of not more than 7 days specified in the permission starting on a day specified in the permission.

(4) A permission has effect subject to any conditions relating to the operation, maintenance and airworthiness of the aircraft covered by the permission:

(a) that CASA considers necessary in the interests of the safety of air navigation; and

(b) that are specified by CASA in the permission.

(5) CASA may, at any time, by written notice given to the holder of the permission, vary the conditions or impose further conditions if CASA considers it necessary to do so in the interests of the safety of air navigation.

(6) If CASA becomes satisfied that it is necessary to do so in the interests of the safety of air navigation, it may, by oral or written notice given to the holder of a permission given under this section, cancel the permission.

Subdivision D—Issue of AOCs

28 CASA must issue AOC if satisfied about certain matters

(1) If a person applies to CASA for an AOC, CASA must issue the AOC if, and only if:

(a) CASA is satisfied that the applicant has complied with, or is capable of complying with, the provisions of this Act, the regulations and the Civil Aviation Orders, that relate to safety, including provisions about the competence of persons to do anything that would be covered by the AOC; and

(b) CASA is satisfied about the following matters in relation to the applicant’s organisation:

(i) the organisation is suitable to ensure that the AOC operations can be conducted or carried out safely, having regard to the nature of the AOC operations;

(ii) the organisation’s chain of command is appropriate to ensure that the AOC operations can be conducted or carried out safely;

(iii) the organisation has a sufficient number of suitably qualified and competent employees to conduct or carry out the AOC operations safely;

(iv) key personnel in the organisation have appropriate experience in air operations to conduct or to carry out the AOC operations safely;

(v) the facilities of the organisation are sufficient to enable the AOC operations to be conducted or carried out safely;

(vi) the organisation has suitable procedures and practices to control the organisation and ensure that the AOC operations can be conducted or carried out safely;

(vii) if CASA requires particulars of licences held by flight crew members of the organisation—the authorisations conferred by the licences are appropriate, having regard to the nature of the AOC operations; and

(c) if the AOC sought would authorise the operation of a foreign registered aircraft on regulated domestic flights—CASA is also satisfied that the additional conditions in section 28A have been met.

(2) The financial position of the applicant is one of the matters that CASA may take into account in forming a view for the purposes of paragraph (1)(a).

(3) In this section:

AOC operations means the operations covered by the application.

applicant’s organisation means the organisation established, or proposed to be established, by the applicant to conduct or carry out the operations covered by the application.

key personnel means the people (however they are described) that hold, or carry out the duties of, the following positions in the applicant’s organisation:

(a) the chief executive officer;

(b) the head of the flying operations part of the organisation;

(d) the head of the training and checking part (if any) of the organisation;

(e) any other position prescribed by the regulations.

28A Additional conditions for issue of AOC in relation to certain foreign registered aircraft

(1) The additional conditions of which CASA must be satisfied for the purposes of paragraph 28(1)(c) are:

(a) that CASA has entered into agreements with:

(i) the authority responsible for regulating civil aviation in the country where the aircraft is registered; and

(ii) if, when the application for the AOC is made, the aircraft is operating in another country under an air operator’s certificate, or a document to substantially the same effect, issued by the authority responsible for regulating civil aviation in that other country (a foreign certificate)—the body that issued the foreign certificate; and

(b) that each agreement sets out the areas of responsibility of the parties to the agreement in relation to the supervision of flight operations, the maintenance, and the airworthiness, of aircraft covered by the agreement; and

(i) of the aircraft’s type, serial number and registration marks; and

(ii) of the country where the aircraft is registered; and

(iii) of the name and address of the person in whose name the aircraft is registered; and

(d) that the applicant has informed CASA:

(i) of the age and total time‑in‑service of the aircraft; and

(ii) of the country in which any person who operated the aircraft in the period of one year immediately before the application for the AOC had his or her principal place of business; and

(iii) of the country or countries in which maintenance, other than daily maintenance, was carried out on the aircraft during that year; and

(e) that the applicant has given CASA a copy of either:

(i) the certificate of airworthiness of the aircraft; or

(ii) a document to substantially the same effect as such a certificate;

that was issued by the authority responsible for regulating civil aviation in the country where the aircraft is registered; and

(f) that the applicant has given CASA a statement that the aircraft complies with the airworthiness requirements of Annex 8 of the Chicago Convention or with such other airworthiness standard as CASA directs; and

(g) if the aircraft is leased—that the applicant has given CASA:

(i) the name and address of the person responsible for operational control of the aircraft under the lease agreement (whether or not that person is the applicant); and

(ii) a statement signed by that person to the effect that that person, together with the other parties to the lease agreement, understand their respective responsibilities under the applicable regulations; and

(h) if the aircraft is leased—that the applicant for the AOC has given CASA a description of the lease provisions.

(2) In this section:

daily maintenance, in relation to an aircraft, means maintenance carried out on a daily basis, and, without limiting the generality of the expression, includes pre‑flight inspections and servicing but does not include:

(a) scheduled maintenance of the aircraft; or

(b) checks of the aircraft’s systems; or

(c) maintenance of the aircraft to comply with an airworthiness directive issued by an authority responsible for civil aviation; or

(d) any modifications of, or repairs to, the aircraft.

Subdivision E—Conditions of AOC

28BA General conditions

(1) An AOC has effect subject to the following conditions:

(a) the condition that sections 28BD, 28BE, 28BF, 28BG, 28BH and 28BI are complied with;

(b) any conditions specified in the regulations or Civil Aviation Orders;

(2) If a condition of an AOC referred to in paragraph (1)(a) is breached, the AOC continues, despite the breach, to authorise flights or operations to which the condition relates.

(2A) If a condition of an AOC referred to in paragraph (1)(b) or (1)(c) is breached, the AOC does not authorise any flight or operation to which the condition relates while the breach continues.

(3) If a condition of an AOC is breached, CASA may, by written notice given to its holder, suspend or cancel:

(a) the AOC; or

(b) any specified authorisation contained in the AOC;

whether or not the breach is continuing.

28BB CASA may impose and vary AOC conditions

(1) CASA may:

(a) at the time of issuing an AOC, impose conditions by specifying them in the AOC; and

(b) at any time after the issue of an AOC, give a written notice to the holder of the AOC, imposing conditions, or further conditions, on the AOC.

(2) CASA may at any time give a written notice to the holder of an AOC, varying any of the conditions of the AOC that were imposed by CASA. A variation may be made:

(a) on the application of the holder of an AOC; or

(b) on CASA’s own initiative.

(3) An application for variation must:

(a) be in writing; and

(b) set out the variation sought and the reasons why it is sought.

(4) Section 27AD applies to an application under this section in the same way that section 27AD applies to an application for an AOC.

28BC Limits on CASA’s powers in relation to suspension, cancellation and AOC conditions

(1) CASA must not:

(a) impose or vary a condition of an AOC that:

(i) is not a mixed authority AOC; and

(ii) authorises the operation of a foreign registered aircraft on regulated domestic flights; or

(b) impose or vary a condition relating to the authorisation of the operation of a foreign registered aircraft on regulated domestic flights that is contained in a mixed authority AOC;

except to ensure that the aircraft’s operation, maintenance and airworthiness are of a standard that CASA considers necessary in the interests of the safety of air navigation.

(1A) CASA must not suspend or cancel an AOC of the kind to which paragraph (1)(a) applies or an authorisation of the kind to which paragraph (1)(b) applies except:

(a) to ensure that the aircraft’s operation, maintenance and airworthiness are of a standard that CASA considers necessary in the interests of the safety of air navigation; or

(b) as provided by subsection (1B).

(1B) Subject to subsection (1C), CASA may suspend or cancel an AOC of the kind to which paragraph (1)(a) applies or an authorisation to which paragraph (1)(b) applies if the condition of the AOC or the condition relating to the authorisation, as the case may be, that section 28BI is complied with has been breached.

(1C) To the extent that an AOC, or an authorisation contained in a mixed authority AOC, authorises carriage by air that is not covered by Part II, III or IV of the Civil Aviation (Carriers’ Liability) Act 1959, CASA does not have power to suspend or cancel the AOC or authorisation because of a breach of the condition that section 28BI is complied with unless the holder of the AOC is:

(a) a trading corporation formed within the limits of the Commonwealth (within the meaning of paragraph 51(xx) of the Constitution); or

(b) a foreign corporation within the meaning of that paragraph; or

(2) CASA must not:

(a) impose or vary a condition of an AOC that does not authorise the operation of a foreign registered aircraft on regulated domestic flights; or

(b) impose or vary a condition of a mixed authority AOC relating to any authorisation of an operation (other than the operation of a foreign registered aircraft on regulated domestic flights) that is contained in a mixed authority AOC;

except to ensure compliance with the provisions of this Act, the regulations and the Civil Aviation Orders, relating to safety.

(2A) CASA must not suspend or cancel an AOC of the kind to which paragraph (2)(a) applies or an authorisation of the kind to which paragraph (2)(b) applies except:

(a) to ensure compliance with the provisions of this Act, the regulations, and the Civil Aviation Orders, relating to safety; or

(b) as provided by subsection (2B).

(2B) Subject to subsection (2C), CASA may suspend or cancel an AOC of the kind to which paragraph (2)(a) applies or an authorisation to which paragraph (2)(b) applies if the condition of the AOC or the condition relating to the authorisation, as the case may be, that section 28BI is complied with has been breached.

(2C) To the extent that an AOC, or an authorisation contained in a mixed authority AOC, authorises carriage by air that is not covered by Part II, III or IV of the Civil Aviation (Carriers’ Liability) Act 1959, CASA does not have power to suspend or cancel the AOC or authorisation because of a breach of the condition that section 28BI is complied with unless the holder of the AOC is:

(a) a trading corporation formed within the limits of the Commonwealth (within the meaning of paragraph 51(xx) of the Constitution); or

(b) a foreign corporation within the meaning of that paragraph; or

(3) The financial position of the holder of the AOC is one of the matters that CASA may take into account in forming a view for the purposes of subsection (1), paragraph (1A)(a), subsection (2) and paragraph (2A)(a).

(4) In this section:

mixed authority AOC means an AOC authorising:

(a) the operation of a foreign registered aircraft on regulated domestic flights; and

(b) other operations.

28BD Compliance with civil aviation law

The holder of an AOC must comply with all requirements of this Act, the regulations and the Civil Aviation Orders that apply to the holder.

28BE Duty to exercise care and diligence

(1) The holder of an AOC must at all times take all reasonable steps to ensure that every activity covered by the AOC, and everything done in connection with such an activity, is done with a reasonable degree of care and diligence.

(2) If the holder is a body having legal personality, each of its directors must also take the steps specified in subsection (1).

(3) It is evidence of a failure by a body and its directors to comply with this section if an act covered by this section is done without a reasonable degree of care and diligence mainly because of:

(a) inadequate corporate management, control or supervision of the conduct of any of the body’s directors, servants or agents; or

(b) failure to provide adequate systems for communicating relevant information to relevant people in the body.

(4) No action lies, for damages or compensation, in respect of a contravention of this section.

(5) This section does not affect any duty imposed by, or under, any other law of the Commonwealth, or of a State or Territory, or under the common law.

28BF Organisation, personnel etc.

(1) The holder of an AOC must at all times maintain an appropriate organisation, with a sufficient number of appropriately qualified personnel and a sound and effective management structure, having regard to the nature of the operations covered by the AOC.

(2) The holder must establish and maintain any supervisory positions in the organisation, or in any training and checking organisation established as part of it, that CASA directs, having regard to the nature of the operations covered by the AOC.

28BG Operations headquarters and suitable buildings

The holder of an AOC must at all times maintain:

(a) an operations headquarters, through which CASA can communicate with any person responsible for any part of the operations covered by the AOC; and

(b) suitable buildings, having regard to the nature of those operations, at each aerodrome where members of the holder’s operating crews are based.

28BH Reference library

(1) The holder of an AOC must maintain a reference library within the organisation, the contents of which must be readily available to all members of the holder’s operating crews.

(2) The contents of the reference library must include:

(a) all operational documents and material; and

(b) all material required by the regulations or Civil Aviation Orders.

(3) The holder must keep the contents of the reference library up‑to‑date and in a readily accessible form.

(4) The holder must keep up‑to‑date records of the distribution of operational documents to members of the holder’s flight crew and any other people employed in the holder’s organisation, who are employed as cabin crew, or to carry out duties associated with fuelling, loading or despatching aircraft.

(5) In this section, operating crew has the same meaning as in the regulations.

28BI Acceptable contract of insurance or satisfactory financial arrangements

The holder of an AOC must at all times comply with whichever of the following provisions are applicable:

(a) subsection 41E(1) or (1A) of the Civil Aviation (Carriers’ Liability) Act 1959; or

(b) subsection 41E(1) or (1A) of the Civil Aviation (Carriers’ Liability) Act 1959 as that subsection has effect under a law of a State.

Division 3—General offences in relation to aircraft

29 Offences in relation to aircraft

(1) The owner, operator, hirer (not being the Crown) or pilot of an aircraft commits an offence if he or she:

(a) operates the aircraft or permits the aircraft to be operated; and

(b) the operation of the aircraft results in:

(i) the use by the aircraft of an aerodrome in contravention of a condition specified under section 20; or

(ii) the aircraft being flown or operated in contravention of a provision of this Part (other than subsection 20A(1) or 23(1)), or of a direction given or condition imposed, under such a provision.

Penalty: Imprisonment for 2 years.

(2) Strict liability applies to subparagraphs (1)(b)(i) and (ii).

Note: For strict liability, see section 6.1 of the Criminal Code.

(3) The owner, operator, hirer (not being the Crown) or pilot of an aircraft commits an offence if he or she:

(a) operates the aircraft or permits the aircraft to be operated; and

(b) the operation of the aircraft results in a contravention of subsection 20A(1).

Penalty: Imprisonment for 5 years.

(4) Strict liability applies to paragraph (3)(b).

Note: For strict liability, see section 6.1 of the Criminal Code.

(5) The owner, operator, hirer (not being the Crown) or pilot of an aircraft commits an offence if he or she:

(a) operates the aircraft or permits the aircraft to be operated; and

(b) the operation of the aircraft results in a contravention of subsection 23(1) or a condition imposed under that subsection.

Penalty: Imprisonment for 7 years.

(6) Strict liability applies to paragraph (5)(b).

Note: For strict liability, see section 6.1 of the Criminal Code.

30 Weather etc. to be a defence

(1) In any proceedings for an offence against this Act or the regulations, it is a defence if the act or omission charged is established to have been due to extreme weather conditions or other unavoidable cause.

(2) Any defence established under subsection (1) need only be established on the balance of probabilities.

30A Court may impose exclusion period if offence committed

(1) If:

(a) a person is convicted of an offence against this Act or the regulations; and

(b) the person holds a civil aviation authorisation (in this section called the old authorisation); and

(c) the old authorisation authorises the person to undertake a particular activity (in this section called the previously authorised activity); and

(d) the Court considers that it is in the interests of air navigation safety for the person to be excluded from that activity;

the Court may order that the person is to be excluded from that activity for the period specified in the order (in this section called the exclusion period).

(2) The Court may make the order even if the conduct that was involved in the offence was not engaged in by the person while exercising his or her rights under the old authorisation.

(3) The exclusion period may be indefinite.

(4) During the exclusion period:

(a) the old authorisation is of no effect; and

(b) a new civil aviation authorisation to undertake the previously authorised activity is not to be granted to the person.

(5) The person is not entitled to any refund of fees that the person has paid in respect of the old authorisation.

(6) The person must return the old authorisation to CASA as soon as practicable after the order is made.

Penalty: 30 penalty units.

(7) If the old authorisation is endorsed on another document, the person must, in order to comply with subsection (6), return that other document to CASA and CASA will take appropriate steps to issue a new document without the endorsement.

(8) If the exclusion period ends before the period for which the old authorisation was granted, CASA is to return the authorisation to the person as soon as practicable after the end of the exclusion period.

Note: This subsection may require CASA to endorse a document already issued to the person.

(9) In this section:

civil aviation authorisation includes an AOC.

30B Variation and termination of exclusion order

(1) If a Court makes an order under subsection 30A(1):

(a) the person may apply to the Court at any time for the termination or variation of the order; and

(b) CASA is to be a party to any proceedings on an application under paragraph (a).

(2) If an application is made under paragraph (1)(a), the Court may terminate or vary the order but only if it is satisfied that doing so would not prejudice air navigation safety.

30C Court to give CASA details of exclusion orders

The Court is to give CASA details of:

(a) orders made under subsection 30A(1); and

(b) terminations and variations made as a result of applications made under paragraph 30B(1)(a).

Division 4—Miscellaneous

31 Review of decisions

(1) In this section:

decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.

reviewable decision means:

(a) a refusal to grant or issue, or a cancellation, suspension or variation of, a certificate, permission, permit or licence granted or issued under this Act or the regulations; or

(b) the imposition or variation of a condition, or the cancellation, suspension or variation of an authorisation, contained in such a certificate, permission, permit or licence.

(2) Application may be made to the Administrative Appeals Tribunal for review of a reviewable decision.

(3) Where the person making a reviewable decision gives to the person whose interests are affected by the decision notice in writing of the decision, the notice shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal, by or on behalf of any person whose interests are affected by the decision, for review of the decision.

(4) A failure to comply with subsection (3) in relation to a decision does not affect the validity of the decision.

32 Powers and functions under State and Territory laws

CASA or the Director, or an officer, authority or person having powers and functions under this Act or the regulations, may also have similar powers and functions conferred by the law of a State or Territory relating to air navigation.

Part IIIA—Investigation powers

32AA Appointment of investigators

CASA may, in writing, appoint an officer to be an investigator for the purposes of this Part.

32AB Identity cards

(1) CASA must cause each investigator to be issued with an identity card in a form approved by CASA and bearing a recent photograph of the investigator.

(2) A person who stops being an investigator must, as soon as practicable, return his or her identity card to CASA.

(3) A person must not fail to comply with subsection (2).

Penalty: 1 penalty unit.

(4) Subsection (3) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).

(5) An offence under subsection (3) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

32AC Monitoring powers—exercised with consent

(1) For the purpose of finding out whether the relevant legislation is being complied with, an investigator may, with the consent of, and after producing the investigator’s identity card for inspection by, the occupier of prescribed premises, enter, and exercise inspection powers on, the premises.

(2) In this section:

relevant legislation means this Act, the regulations and the Civil Aviation Orders.

32AD Monitoring warrants

(1) An investigator may apply to a magistrate for a warrant under this section in relation to particular prescribed premises.

(2) Subject to subsection (3), the magistrate may issue the warrant if satisfied, by information on oath, that it is reasonably necessary that the investigator should have access to the premises for the purpose of finding out whether the relevant legislation is being complied with.

(3) The magistrate must not issue the warrant unless the investigator or someone else has given the magistrate, either orally or by affidavit, any further information the magistrate may require about the grounds on which the issue of the warrant is being sought.

(4) The warrant must:

(a) authorise an investigator named in the warrant, with such assistance and by such force as is necessary and reasonable, to enter, and exercise inspection powers on, the premises; and

(b) state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and

(c) specify the day (not more than one month after the issue of the warrant) on which the warrant ceases to have effect; and

(d) state the purpose for which the warrant is issued.

(5) In this section:

relevant legislation has the same meaning as in section 32AC.

32AE Offence powers—exercised with consent

(1) Where an investigator has reasonable grounds for suspecting that there is on or in any premises a particular thing that may afford evidence of the commission of an offence against this Act, or the regulations, the investigator may, with the consent of, and after producing the investigator’s identity card for inspection by, the occupier of the premises:

(a) enter the premises; and

(b) search the premises for the thing; and

(2) An investigator who has entered premises under subsection (1) must leave them if asked to do so by their occupier.

32AF Offence related warrants

(1) An investigator may apply to a magistrate for a warrant under this section in relation to particular premises.

(2) Subject to subsection (3), the magistrate may issue the warrant if satisfied, by information on oath, that there are reasonable grounds for suspecting that there is, or there may be within the next 72 hours, on the premises a particular thing that may afford evidence of the commission of an offence against this Act or the regulations.

(4) The warrant must:

(a) authorise an investigator named in the warrant, with such assistance and by such force as is necessary and reasonable:

(i) to enter the premises; and

(ii) to search the premises for the thing; and

(iii) if the thing is found—to seize it; and

(b) state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and

(c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and

(d) state the purpose for which the warrant is issued.

32AG Warrants may be granted by telephone

(1) Where, because of circumstances of urgency, an investigator thinks it necessary to do so, the investigator may apply for a warrant under section 32AF by telephone, in accordance with this section.

(2) Before making such an application, an investigator must prepare an information of the kind mentioned in subsection 32AF(2) that sets out the grounds on which the issue of the warrant is being sought, but may, if it is necessary to do so, make the application before the information has been sworn.

(3) Where a magistrate to whom an application under this section is made is satisfied:

(a) after having considered the terms of the information prepared under subsection (2); and

(b) after having received any further information that the magistrate may require about the grounds on which the issue of the warrant is being sought;

that there are reasonable grounds for issuing the warrant, the magistrate must complete and sign a warrant that is the same as the warrant that the magistrate would issue under section 32AF if the application had been made under that section.

(4) Where a magistrate signs a warrant under subsection (3):

(a) the magistrate must inform the investigator of the terms of the warrant, the date and time when it was signed, and the day on which it ceases to have effect, and record on the warrant the reasons for issuing it; and

(b) the investigator must complete a form of warrant in the terms given to the investigator by the magistrate and write on it the magistrate’s name and the date and time when the warrant was signed.

(5) Where an investigator completes a form of warrant, the investigator must, not later than the day after:

(a) the day on which the warrant ceases to have effect; or

(b) the day on which the warrant is executed;

whichever happens first, send the magistrate who signed the warrant the form of warrant completed by the investigator and the information duly sworn in connection with the warrant.

(6) Upon receipt of the documents mentioned in subsection (5), the magistrate must attach to them the warrant signed by the magistrate and deal with the documents in the same way that the magistrate would have dealt with the information if the application for the warrant had been made under section 32AF.

(7) The form of warrant completed by an investigator under subsection (4) is, if it is in accordance with the terms of the warrant signed by the magistrate, authority for any entry, search, seizure or other exercise of a power that the warrant so signed authorised.

(8) Where, in any proceedings, the court must be satisfied that an entry, search, seizure, or other exercise of power, was authorised under this section, and the warrant signed by a magistrate under this section authorising the entry, search, seizure, or other exercise of power, is not produced in evidence, the court must assume, unless the contrary is proved, that the entry, search, seizure, or other exercise of power, was not authorised by such a warrant.

32AH Discovery of evidence

(1) Where an investigator who enters premises under section 32AE or under a warrant under section 32AF or 32AG finds the thing (in this subsection called evidence) which the investigator entered the premises to find:

(a) the investigator may seize the evidence; and

(b) the investigator may keep the evidence for 60 days or, if a prosecution for an offence against this Act or the regulations, in the commission of which the evidence may have been used or otherwise involved, is started within that period, until the completion of the proceedings for the offence and of any appeal in relation to the proceedings; and

(c) if the evidence is a book, record or document—while the investigator has possession of the evidence, the investigator must allow it to be inspected at any reasonable time by anyone who would be entitled to inspect it if it were not in the investigator’s possession.

(2) If, in the course of searching premises entered under section 32AE or under a warrant under section 32AF or 32AG, the investigator:

(a) finds a thing that he or she believes on reasonable grounds to be:

(i) a thing (other than the evidence mentioned in subsection (1)) that will afford evidence of the commission of the offence mentioned in that subsection; or

(ii) a thing that will afford evidence of the commission of another offence against this Act or the regulations; and

(b) the investigator believes, on reasonable grounds, that it is necessary to seize the thing to prevent its concealment, loss or destruction;

subsection (1) applies to the thing as if it were the evidence mentioned in that subsection.

(3) CASA may, in writing, authorise the release of any thing seized under subsection (2) to its owner, or to the person from whom it was seized, either unconditionally or subject to such conditions as CASA thinks fit.

32AHA Magistrate may permit a thing to be retained

(1) A magistrate may, on application made by an investigator, make an order under this section in respect of a thing seized under section 32AH if proceedings in respect of which the thing may afford evidence have not commenced, or there is a reasonable likelihood that such proceedings will not commence, by the later of the following times:

(a) the end of 60 days after the seizure;

(b) if a previous order has been made under this section in respect of the thing—the end of the period specified in the previous order.

(2) Before making the application, the investigator must:

(a) take reasonable steps to discover who has an interest in the retention of the thing; and

(b) if it is practicable to do so, notify each such person of the proposed application.

(3) If the magistrate is satisfied that it is necessary for the investigator to continue to retain the thing:

(a) for the purposes of an investigation as to whether an offence against this Act or the regulations has been committed; or

(b) to enable evidence of an offence against this Act to be secured for the purposes of a prosecution;

the magistrate may order that the investigator may retain the thing for a period (not exceeding 90 days) specified in the order.

(4) Paragraph 32AH(1)(c) continues to apply to the thing throughout the specified period.

32AJ Power to require persons to answer questions and produce documents

(1) An investigator who is on or in premises that he or she has entered under a warrant under this Part may require anyone on or in the premises to:

(a) answer any questions put by the investigator; and

(b) produce any books, records or documents requested by the investigator.

(2) A person must not fail to comply with a requirement under subsection (1).

Penalty: 30 penalty units.

(2A) Subsection (2) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).

(3) It is not a reasonable excuse for a person to refuse or fail to answer a question or produce a book, record or document on the ground that to do so would tend to incriminate the person, but the answer to any question, or any book, record or document produced, or any information or thing obtained as a direct or indirect consequence of answering the question or producing the book, record or document is not admissible in evidence against the person in any criminal proceedings, other than proceedings for an offence against subsection (2).

32AK Powers in relation to aircraft etc.

(1) An investigator may, for the purpose of performing the functions or exercising the powers of an investigator under this Part in relation to an aircraft, vessel or vehicle, require the person apparently in control of the aircraft, vessel or vehicle to do either or both of the following:

(a) to stop and detain the aircraft, vehicle or vessel for such reasonable period as the investigator specifies;

(b) to take all reasonable steps to ensure that the aircraft, vehicle or vessel, or a specified part of it, is left undisturbed for such reasonable period as the investigator specifies.

(2) A person must not fail to comply with a requirement under subsection (1).

Penalty: 30 penalty units.

(3) Subsection (2) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

(4) An offence under subsection (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

32AL Destruction or disposal of certain goods

A magistrate may, on application by CASA, make an order authorising CASA to destroy, or otherwise dispose of, specified goods seized under section 32AH, if the magistrate is satisfied that:

(a) apart from this section, an investigator is required to return the goods to a person; and

(b) either:

(i) the investigator cannot, despite making reasonable efforts, locate the person; or

(ii) the person has refused to take possession of the goods.

32AM Compensation for acquisition of property

(1) If:

(a) apart from this section, the operation of this Part would result in the acquisition of property from a person otherwise than on just terms; and

(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;

CASA is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.

(2) If CASA and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from CASA of such reasonable amount of compensation as the court determines.

(3) In this section:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

Part IIIB—Protection of CVR (cockpit voice recording) information

32AN Definitions

In this Part:

Australian court means a federal court or a court of a State or Territory.

civil proceedings means any proceedings before an Australian court, other than criminal proceedings.

Commonwealth entity means:

(a) the Commonwealth; or

(b) an authority of the Commonwealth; or

Commonwealth place means a place referred to in paragraph 52(i) of the Constitution, other than the seat of government.

constitutional corporation means:

(a) a corporation to which paragraph 51(xx) of the Constitution applies; or

(b) a body corporate that is incorporated in a Territory.

court includes any tribunal, authority, person or body that has power to require the production of documents or answering of questions, but does not include a Royal Commission, the Parliament or either House of the Parliament.

crew member, in relation to CVR information, means any person who had operational duties on board the aircraft at any time during the recording period of the CVR.

criminal proceedings means criminal proceedings before an Australian court.

CVR or cockpit voice recording has the meaning given by section 32AO.

CVR information means:

(a) a CVR or any part of a CVR; or

(b) a copy or transcript of the whole or any part of a CVR; or

damages proceedings means civil proceedings for damages in respect of personal injury, death or damage to property.

disclose:

(a) in relation to information, includes divulge or communicate the information in any way; and

(b) in relation to information contained in a document or other article, also includes produce the document or other article, or make it available, for inspection.

operational duties means duties or functions in connection with the operation or safety of the aircraft.

Royal Commission means a Commission that has been commissioned by the Governor‑General to conduct an inquiry, and includes any member of such a Commission.

32AO Definition of CVR or cockpit voice recording

(1) A recording is a CVR (or cockpit voice recording) for the purposes of this Part if:

(a) the recording consists of (or consists mainly of) sounds or images, or sounds and images, of persons on the flight deck of an aircraft; and

(b) the recording was made in order to comply with a law of the Commonwealth; and

(i) any part of the recording was made while the aircraft was on a constitutional journey, or was made incidentally to such a journey;

(ii) at the time when the recording was made, the aircraft was owned or operated by a constitutional corporation or Commonwealth entity; and

(d) the recording is not an on‑board recording for the purposes of the Transport Safety Investigation Act 2003.

(2) In this section:

constitutional journey means:

(a) a journey in the course of trade or commerce with other countries or among the States; or

(b) a journey within a Territory, or to or from a Territory; or

32AP Copying or disclosing CVR information

(1) A person is guilty of an offence if:

(a) the person makes a copy of information; and

(b) the information is CVR information.

Penalty: Imprisonment for 2 years.

(2) A person is guilty of an offence if:

(a) the person discloses information to any person or to a court; and

(b) the information is CVR information.

Penalty: Imprisonment for 2 years.

(3) Subsection (1) or (2) does not apply to:

(a) copying or disclosure for the purposes of an investigation under the Transport Safety Investigation Act 2003; or

(b) copying or disclosure for the purposes of the investigation of any offence against a law of the Commonwealth, a State or a Territory; or

(d) disclosure of CVR information to a court in criminal proceedings against a person who is a crew member for an offence against a law of the Commonwealth, a State or a Territory punishable by a maximum penalty of imprisonment for life or more than 2 years, where:

(i) the offence does not arise as a result of an act done or omitted to be done in good faith in the performance of the person’s duties as a crew member; and

(ii) the court makes a public interest order under subsection (4) in relation to the CVR information; or

(e) disclosure to a court in damages proceedings where the court makes a public interest order under subsection (4) in relation to the CVR information.

Note: A defendant bears an evidential burden in relation to a matter in subsection (3). See subsection 13.3(3) of the Criminal Code.

(4) If the court is satisfied that, in the circumstances of the case, the public interest in the proper determination of a material question of fact outweighs:

(a) the public interest in protecting the privacy of members of crews of aircraft; and

(b) any adverse domestic and international impact that the disclosure of the information might have on any future investigation under the Transport Safety Investigation Act 2003;

then the court may order such disclosure.

(5) The court may direct that CVR information, or any information obtained from the CVR information, must not:

(a) be published or communicated to any person; or

(b) be published or communicated except in such manner, and to such persons, as the court specifies.

(6) If a person is prohibited by this section from disclosing CVR information, then:

(a) the person cannot be required by a court to disclose the information; and

(b) any information disclosed by the person in contravention of this section is not admissible in any civil or criminal proceedings (other than proceedings against the person under this section).

32AQ CVR information no ground for disciplinary action

A person is not entitled to take any disciplinary action against a crew member on the basis of CVR information.

32AR Admissibility of CVR information in criminal proceedings against crew members

CVR information, and any information or thing obtained as a direct or indirect result of the use of CVR information, is not admissible in evidence in criminal proceedings against a crew member, except where:

(a) the CVR information has been disclosed in the proceedings because of the operation of paragraph 32AP(3)(d); or

(b) the criminal proceedings are for an offence against this Part.

32AS Admissibility of CVR information in civil proceedings

(1) CVR information is not admissible in evidence in civil proceedings unless the court makes a public interest order under subsection (3) in relation to the CVR information.

(2) A party to damages proceedings may, at any time before the determination of the proceedings, apply to the court in which the proceedings have been instituted for an order that CVR information be admissible in evidence in the proceedings.

(3) If such an application is made, the court must examine the CVR information and if the court is satisfied that:

(a) a material question of fact in the proceedings will not be able to be properly determined from other evidence available to the court; and

(b) the CVR information or part of the CVR information, if admitted in evidence in the proceedings, will assist in the proper determination of that material question of fact; and

(c) in the circumstances of the case, the public interest in the proper determination of that material question of fact outweighs:

(i) the public interest in protecting the privacy of members of crews of aircraft; and

(ii) any adverse domestic and international impact that the disclosure of the information might have on any future investigation under the Transport Safety Investigation Act 2003;

then the court may order that the CVR information, or that part of the CVR information, be admissible in evidence in the proceedings.

32AT Examination by a court of CVR information under subsection 32AS(3)

(1) This section applies if a court examines CVR information under subsection 32AS(3).

(2) The only persons who may be present at the examination are:

(a) the person or persons constituting the court, other than the members of the jury (if any); and

(b) the legal representatives of the parties to the proceedings; and

(3) The court may direct that the CVR information, or any information obtained from the CVR information, must not:

(a) be published or communicated to any person; or

(b) be published or communicated except in such manner, and to such persons, as the court specifies.

32AU Where a court makes an order under subsection 32AS(3)

(1) This section applies if CVR information is admitted as evidence under subsection 32AS(3).

(2) In relation to proceedings against a crew member, the CVR information is not evidence for the purpose of the determination of the liability in the proceedings of the crew member.

(3) In relation to any proceedings, the court may direct that the CVR information or any information obtained from the CVR information, must not:

(a) be published or communicated to any person; or

(b) be published or communicated except in such manner, and to such persons, as the court specifies.

Part V—Corporate plan

44 Corporate plan

(1) The Director must prepare a corporate plan at least once a year and give it to the Minister for the Minister’s approval.

(2) The plan must cover a period of at least 3 years.

(3) The Director must keep the Minister informed about:

(a) significant changes to the plan; and

(b) matters that arise that might significantly affect the achievement of the objectives of the plan.

(4) The plan must include details of the following matters:

(a) assumptions about CASA’s operational environment;

(b) the strategies of CASA;

(d) review of performance against previous corporate plans;

(e) analysis of risk factors likely to affect safety in the aviation industry;

(f) human resource strategies and industrial relations strategies.

(5) The plan must also cover any other matters required by the Minister, which may include further details about the matters in subsection (4).

(6) In preparing the plan, the Director must take account of notices given under section 12A.

45 Minister’s response to corporate plan

(1) The Minister must respond to a corporate plan within 60 days of being given the plan.

(2) The Minister’s response may include a direction to the Director to vary the plan.

(3) A direction under subsection (2) must be in writing and must set out its reasons.

(4) If directing a variation of the corporate plan, the Minister must consider:

(a) the objectives and policies of the Commonwealth Government; and

(b) the objects of this Act; and

(5) If the Minister’s response includes a direction to vary the corporate plan, the Director must prepare a revised plan and give it to the Minister for the Minister’s approval within 28 days of being given the response.

(6) The Minister must cause a copy of the corporate plan to be laid before each House of Parliament:

(a) within 15 sitting days after the Minister responded to the plan, if the Minister’s response did not include a direction to vary the plan; or

(b) within 15 sitting days after the Minister received a revised plan, if the Minister’s response included a direction to vary the plan.

Part VI—Finance

46 CASA to be paid money appropriated by Parliament

(1) There is payable to CASA such money as is appropriated by the Parliament for the purposes of CASA.

(2) The Minister for Finance may give directions as to the amounts in which, and the times at which, the money is to be paid to CASA.

47 Application and investment of money

(1) CASA’s money may only be applied:

(a) in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by CASA in, or in connection with, the performance of its functions or the exercise of its powers; and

(b) in payment of any remuneration or allowances payable under this Act.

(2) Subsection (1) does not prevent investment of any surplus money of CASA under section 18 of the Commonwealth Authorities and Companies Act 1997.

49 Extra matters to be included in annual report

(2) CASA must include the following particulars in each annual report prepared and submitted under section 9 of the Commonwealth Authorities and Companies Act 1997:

(a) particulars of each direction given to CASA by the Minister under section 12 or 12D, during the financial year covered by the report;

(aa) particulars of each notification given to the Director by the Minister under section 28 of the Commonwealth Authorities and Companies Act 1997, during the financial year covered by the report;

(b) in relation to notices given to CASA by the Minister under section 12A:

(i) particulars of each notice, given during the financial year covered by the report; and

(ii) a summary of action taken in the financial year by CASA, or by the Director, because of notices given to CASA in any financial year;

(c) particulars of each direction given to CASA by the Minister under section 12B, during the financial year covered by the report.

50 Taxation

CASA is not subject to taxation under any law of a State or Territory.

Part VII—Director, staff and consultants

84 Appointment of Director

(1) CASA is to have a Director of Aviation Safety, who is to be appointed by the Minister after receiving a report from the Secretary of the Department.

(2) Subject to this Part, a person appointed as Director holds office for the period of not more than 5 years that is specified in the instrument of appointment.

(2A) The Director holds office on a full‑time basis.

(3) A person appointed as Director is eligible for re‑appointment.

(3A) The Minister is the employing body for the Director for the purposes of the Remuneration Tribunal Act 1973.

Note: The office of Director is a principal executive office for the purposes of the Remuneration Tribunal Act 1973—see paragraph (e) of the definition of principal executive office in subsection 3(1) of that Act.

(4) The Director holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister in writing.

Note: This subsection has no effect at any time when a determination is in force under section 12C of the Remuneration Tribunal Act 1973—see subsection 12C(3) of that Act.

84A Duties of Director

(1) The Director is, under the Minister, to manage CASA.

(2) Anything done in the name of, or on behalf of, CASA by the Director is to be taken to have been done by CASA.

(3) The Director is the chief executive officer of CASA.

84B Functions of Director

The Director’s functions include the following:

(a) deciding the objectives, strategies and policies to be followed by CASA;

(b) ensuring that CASA performs its functions in a proper, efficient and effective manner;

(d) ensuring that CASA acts in accordance with the views of the Minister notified to CASA under section 12A.

84C Application of the Commonwealth Authorities and Companies Act 1997

(1) The Director is the director of CASA for the purposes of the Commonwealth Authorities and Companies Act 1997.

(2) Matters that must be disclosed by the Director under sections 27F and 27G of the Commonwealth Authorities and Companies Act 1997 must be disclosed to the Minister.

(3) Sections 27J and 27K of the Commonwealth Authorities and Companies Act 1997 do not apply in relation to the Director.

85 Director not to engage in other work

The Director shall not engage in paid employment outside the duties of his or her office except with the Minister’s approval.

86 Remuneration and allowances of Director

(1) The Director is to be paid the remuneration that is determined by the Remuneration Tribunal. However, if no determination of that remuneration by the Tribunal is in operation, the Director is to be paid the remuneration that is prescribed by the regulations.

(2) The Director is to be paid the allowances that are prescribed by the regulations.

(3) This section has effect subject to the Remuneration Tribunal Act 1973.

Note: This section has no effect at any time when a determination is in force under section 12C of the Remuneration Tribunal Act 1973—see subsection 12C(3) of that Act.

87 Leave of absence

The Minister may grant leave of absence to the Director on such terms and conditions as to remuneration or otherwise as the Minister determines in writing.

88 Resignation

The Director may resign by instrument in writing delivered to the Minister.

89 Director holds office during Minister’s pleasure

(1) The Director holds office during the Minister’s pleasure.

(2) Before terminating the Director’s appointment, the Minister must have received a report about the proposed termination from the Secretary of the Department.

90 Acting Director

(1) The Minister may appoint a person to act as Director:

(a) during a vacancy in the office of Director, whether or not an appointment has previously been made to the office; or

(b) during any period, or during all periods, when the Director is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office;

but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.

(2) A person acting as the Director is to be paid such remuneration and allowances as the Minister determines.

(4) Anything done by a person purporting to act under an appointment under this section is not invalid merely because:

(a) the occasion for the appointment had not arisen;

(b) there was a defect or irregularity in or in connection with the appointment;

(d) the occasion for the person to act had not arisen or had ceased.

91 Staff of CASA

The staff of CASA are to be persons appointed or employed by CASA on such terms and conditions as are determined by the Director in writing.

92 Consultants

CASA may engage such consultants as it thinks necessary.

Part VIII—Miscellaneous

94 Delegation by the Director

(1) The Director may, in writing, delegate all or any of CASA’s powers under this Act to an officer.

(2) The Director may, in writing, delegate the Director’s powers under sections 44, 45 and 91 of this Act to an officer.

94A Delegation by Minister

(1) The Minister may delegate the Minister’s powers under sections 85, 87 and 90 to the Secretary of the Department.

(2) In exercising any powers under the delegation, the Secretary must comply with any directions of the Minister.

96 Tabling of directions, notices etc. of the Minister

(1) Where the Minister gives a direction under section 12, 12B, 12D or 45 or a notice under section 12A, the Minister shall cause a copy of the direction or notice to be laid before each House of the Parliament within 15 sitting days of that House after the giving of the direction or the notice.

(2) If the Director and the Minister enter into an agreement under section 12C, the Minister must cause a copy of the agreement to be laid before each House of the Parliament within 15 sitting days of that House after the agreement is entered into.

97 Payment of prescribed fees

(1) If a prescribed fee is payable in relation to the doing of any thing under this Act, that thing is not required to be done until the fee is paid.

(2) Payment of a prescribed fee by cheque is taken not to have been made until the cheque is honoured on presentation.

97AA Prescribed fees payable to CASA

(1) A fee prescribed by regulations made under a provision of this Act is payable to CASA.

(2) An unpaid fee is a debt due to CASA and recoverable by CASA in a court of competent jurisdiction.

(3) The regulations may make provision for the collection and recovery of any unpaid fees. In particular, the regulations may:

(a) prescribe the time when fees are due for payment; and

(b) prescribe penalties for late payment of fees.

(4) A penalty prescribed by the regulations must not exceed a penalty equivalent to 1.5% of the unpaid amount of the fee for each month or part of a month during which the fee is unpaid, calculated from the date on which the fee is due and payable, and compounded.

97AB Charging of fees by external service providers

(1) An external service provider may charge a person such fee as is agreed between the external service provider and the person for any service provided by the external service provider under this Act, the regulations or the Civil Aviation Orders.

(2) The fee is payable to the external service provider.

(3) The fee must not be such as to amount to taxation.

(4) If the fee is unpaid, it is a debt due to the external service provider and is recoverable in a court of competent jurisdiction.

(5) In this section:

external service provider means a person who is the holder of a delegation under this Act or the regulations, or who is an authorised person within the meaning of the regulations, other than a person in any of the following capacities:

(b) an officer;

(d) a person who, under a contract with CASA, provides services to the public on CASA’s behalf;

(e) an employee of a person referred to in paragraph (c) or (d).

provide a service includes deal with an application or request or do anything.

97A Conduct by directors, servants and agents

(1) Where, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:

(a) that the conduct was engaged in by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority; and

(b) that the director, servant or agent had the state of mind.

(2) Any conduct engaged in on behalf of a body corporate by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority is to be taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the body corporate unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.

(3) Where, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show:

(a) that the conduct was engaged in by a servant or agent of the person within the scope of his or her actual or apparent authority; and

(b) that the servant or agent had the state of mind.

(4) Any conduct engaged in on behalf of a person other than a body corporate by a servant or agent of the person within the scope of his or her actual or apparent authority is to be taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the first‑mentioned person unless the first‑mentioned person establishes that the first‑mentioned person took reasonable precautions and exercised due diligence to avoid the conduct.

(5) Where:

(a) a person other than a body corporate is convicted of an offence; and

(b) the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted;

the person is not liable to be punished by imprisonment for that offence.

(6) A reference in subsection (1) or (3) to the state of mind of a person includes a reference to:

(a) the knowledge, intention, opinion, belief or purpose of the person; and

(b) the person’s reasons for the intention, opinion, belief or purpose.

(7) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.

(8) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.

(9) A reference in this section to an offence against this Act includes a reference to:

(a) an offence created by the regulations; and

(b) an offence created by section 6 of the Crimes Act 1914, being an offence that relates to an offence against this Act or the regulations; and

98 Regulations etc.

(1) The Governor‑General may make regulations, not inconsistent with this Act:

(a) prescribing matters required or permitted by this Act to be prescribed;

(b) prescribing matters necessary or convenient to be prescribed for carrying out or giving effect to this Act;

(d) in relation to safety of air navigation within a Territory or to or from a Territory;

(e) in relation to safety of air navigation, being regulations with respect to trade and commerce with other countries and among the States; and

(f) in relation to safety of air navigation, being regulations with respect to any other matter with respect to which the Parliament has power to make laws.

(2) The regulations may apply in relation to state aircraft.

(3) Without limiting the generality of subsections (1) and (2), those subsections include the power to make regulations for or in relation to the following:

(aa) the design and manufacture of aircraft;

(a) the registration, marking and airworthiness of aircraft;

(b) the manner of applying for AOCs, including the information that may be required, and the conditions to be satisfied, for the issue of AOCs;

(c) requiring persons performing specified functions in relation to the operation or maintenance of aircraft and aerodromes to be the holders of licences, permits or certificates of specified kinds, and providing for the grant, issue, cancellation, suspension or variation of such licences, permits and certificates;

(d) the planning, construction, establishment, operation and use of aerodromes, including the licensing of aerodromes;

(e) the planning, construction, establishment, maintenance, operation and use of air route and airway facilities, including the obtaining of meteorological information;

(f) hygiene, sanitation and public health at aerodromes;

(g) the prohibition of the construction of buildings, structures or objects, the restriction of the dimensions of buildings, structures or objects, and the removal in whole or in part or the marking or lighting of buildings, structures or objects (including trees or other natural obstacles) that constitute or may constitute obstructions, hazards or potential hazards to aircraft flying in the vicinity of an aerodrome, and such other measures as are necessary to ensure the safety of aircraft using an aerodrome or flying in the vicinity of an aerodrome;

(h) empowering CASA, or an officer authorised by CASA, to give or issue directions or instructions to all or any of the persons holding licences, permits or certificates under this Act or the regulations, being directions or instructions with respect to matters affecting the safe navigation and operation, or the maintenance, of aircraft, and providing for the manner in which such directions and instructions are to be notified;

(j) the formal proof and authentication of instruments made or issued under this Act or the regulations;

(k) the powers (including powers of arrest) that may be exercised by members of the crew of an aircraft, in relation to persons on board the aircraft, for the purpose of ensuring the safety of the aircraft or of its passengers, crew or cargo or otherwise for the purposes of this Act or the regulations;

(ka) requiring specified persons to prepare or alter flight manuals, operations manuals, procedures manuals, maintenance manuals, systems of maintenance and other specified manuals and documents relating to the safe operation of aircraft;

(kb) the approval by CASA of such manuals, systems and documents and of alterations of them;

(kc) empowering CASA to prepare and alter such manuals, systems and documents;

(kd) requiring specified persons to comply with such manuals, systems and documents as in force at a particular time or from time to time;

(m) the review of decisions made under the regulations;

(p) the imposition of penalties, not exceeding a fine of 50 penalty units, for a contravention of a provision of the regulations or a direction, instruction or condition issued, given, made or imposed under, or in force by virtue of, the regulations;

(q) enabling a person who is alleged to have contravened a specified provision of the regulations to pay to CASA, as an alternative to prosecution, a specified penalty, not exceeding an amount equal to one‑fifth of the maximum penalty prescribed for contravening that provision;

(r) standards relating to the establishment and use of airspace;

(s) the planning, construction, establishment, maintenance, operation and use of:

(i) facilities of the kind referred to in paragraph 8(1)(a) of the Air Services Act 1995; and

(ii) services of the kind referred to in paragraph 8(1)(b) of the Air Services Act 1995; and

(iii) services of the kind referred to in paragraph 6(1)(b) of the Australian Maritime Safety Authority Act 1990 to the extent that those services use aircraft;

and any construction associated with those facilities or services;

(t) the personnel engaged in anything referred to in paragraph (s);

(u) prescribing fees (either by specifying amounts or by prescribing a method of calculation) in relation to services, applications or requests, or the doing of anything, under this Act, the regulations or the Civil Aviation Orders, other than services provided by, applications or requests dealt with in any way by, or anything done by, an external service provider (within the meaning of section 97AB).

(3A) The regulations may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in a written instrument or other document, as in force at a particular time or from time to time.

For this purpose, modifications includes omissions, additions and substitutions.

(3B) Nothing in this Act (including, in particular, subsection 9(1), subsection 13(4) and section 94) is to be taken to prevent regulations being made which provide for the delegation of:

(a) a function conferred on CASA under subsection 9(1); or

(b) a power of CASA for or in connection with the performance of that function;

to a person who is not an officer.

(4) Where the regulations provide for the removal, marking or lighting of anything referred to in paragraph (3)(g), the regulations shall also provide for the payment of compensation to any person who suffers loss or damage or incurs expense in or as a direct result of the removal, marking or lighting.

(4A) CASA may, in writing, issue Civil Aviation Orders, not inconsistent with this Act or the regulations, and not prescribing any pecuniary penalty, with respect to any matter in relation to which regulations may be made for the purposes of section 23, 23B or 28BA, and an Order so issued is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

(5) Where the regulations provide for a direction, instruction, notification, permission, approval or authority to be given or issued in the form of a Civil Aviation Order, an Order so given or issued after the commencement of this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

(5A) The regulations may empower CASA to issue written instruments in relation to the following:

(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft;

(b) the airworthiness of aircraft.

An instrument must not prescribe a penalty.

(5B) An instrument issued under subsection (5A) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

(5C) Subsection (5A) is not taken to affect CASA’s power to issue directions or instructions under paragraph 98(3)(h).

(6) The preceding provisions of this section (including provisions that do not contain references to the States or to a Territory) have effect as if the Northern Territory were a State.

(7) A law of a Territory (not being a law of the Commonwealth) does not have effect to the extent to which it is inconsistent with a provision of the regulations having effect in that Territory, but such a law shall not be taken to be inconsistent with such a provision to the extent that it is capable of operating concurrently with that provision.

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Civil Aviation Act 1988	63, 1988	15 June 1988	Part III (ss. 17–32), s. 98 and Parts IX and X (ss. 99–103): 1 July 1988 (see Gazette 1988, No. S189) Remainder: Royal Assent
Commonwealth Authorities Legislation (Pay‑roll Tax) Amendment Act 1988	55, 1988	15 June 1988	1 July 1988	—
Transport Legislation Amendment Act 1989	6, 1989	16 Mar 1989	S. 8: (a)	—
Lands Acquisition (Repeal and Consequential Provisions) Act 1989	21, 1989	20 Apr 1989	9 June 1989 (see s. 2 and Gazette 1989, No. S185)	—
Civil Aviation Amendment Act 1990	25, 1990	24 May 1990	Ss. 1, 2, 4, 5, 8, 9, 11, 12, 32, 47, 48 and 50: Royal Assent S. 3(a): 1 July 1988 S. 10: 24 Nov 1990 S. 25: 1 July 1991 Remainder: 20 June 1990 (see Gazette 1990, No. S154)	Ss. 9(2), 11(2), 16(2), 18(2), 40, 41(2), 42(3) and 44(2) S. 42(2) (am. by 11, 1991, s. 45)
as amended by
Transport and Communications Legislation Amendment Act 1990	11, 1991	21 Jan 1991	S. 45: (b)	—
Transport and Communications Legislation Amendment Act 1990	11, 1991	21 Jan 1991	Ss. 10, 11, 13–15 and 19: Royal Assent (c) S. 12: (c) S. 16: (c) S. 17: (c) S. 18: 20 June 1990 (c)	—
Transport Legislation Amendment Act 1991	101, 1991	27 June 1991	Part 2 (ss. 4–6) and ss. 3, 13, 14, 20 and 21: 10 Dec 1991 (see s. 2(3) and Gazette 1991, No. S332) Part 3 (ss. 7–9): 17 Feb 1984 Ss. 18(a), (c) and 22: (d) Ss. 18(b) and 19: 1 July 1991 Remainder: Royal Assent	Ss. 3, 15(2) and 16
Transport and Communications Legislation Amendment Act 1991	173, 1991	25 Nov 1991	Ss. 10, 11(2), 12–15, 18 and 19: Royal Assent (e) Ss. 11(1) and 17: (e) S. 16: (e) S. 20: (e)	—
Transport and Communications Legislation Amendment Act (No. 2) 1992	71, 1992	26 June 1992	Ss. 13–17: Royal Assent (f) S. 18: 1 July 1991 (f)	—
Qantas Sale Act 1992	196, 1992	21 Dec 1992	Schedule (Part 1): 10 Mar 1993 (see Gazette 1993, No. GN17) (g) Schedule (Part 5): 30 Aug 1995 (see Gazette 1995, No. S324) (g)	S. 2(6) (am. by 60, 1993, s. 4; 168, 1994, s. 3)
as amended by
Qantas Sale Amendment Act 1993	60, 1993	3 Nov 1993	10 Mar 1993	—
Qantas Sale Amendment Act 1994	168, 1994	16 Dec 1994	S. 3 (item 17): Royal Assent (h) S. 3 (item 19): (h)	—
Transport and Communications Legislation Amendment Act (No. 3) 1992	216, 1992	24 Dec 1992	S. 21: Royal Assent (i) S. 22: 15 June 1988 (i) S. 23: 1 July 1988 (i)	—
Transport and Communications Legislation Amendment Act (No. 2) 1993	5, 1994	18 Jan 1994	Schedule (items 19, 24, 26–34, 36–40 and 42): Royal Assent (j) Schedule (items 20–23 and 25): 2 Oct 1997 (see Gazette 1997, No. S387) (j) Schedule (item 35): 15 Feb 1994 (j) Schedule (item 41): 20 June 1990 (j)	Ss. 4 and 5
Civil Aviation Legislation Amendment Act 1995	82, 1995	30 June 1995	Schedule 1 (items 1–14, 16–152) and ss. 7–22: 6 July 1995 (see Gazette 1995, No. S270) (k) Schedule 1 (item 15): (k) Schedule 2: 1 Jan 1998 (see Gazette 1997, No. GN49) (k)	Ss. 8–17 Ss. 18(1), (2), 19(2)–22 S. 2(2), (3) (am. by 152, 1997, Sch. 3 [item 4]) S. 7 (am. by 152, 1997, Sch 3 [item 6]) S. 18(3) (am. by 152, 1997, Sch. 3 [items 7, 8]) S. 19(1) (am. by 16, 1998, Sch. 10 [item 65])
as amended by
Audit (Transitional and Miscellaneous) Amendment Act 1997	152, 1997	24 Oct 1997	Schedule 3 (items 4, 6–8): 30 June 1995 (l)	—
Taxation Laws Amendment Act (No. 1) 1998	16, 1998	16 Apr 1998	Schedule 10 (items 65, 66): 16 Apr 1998	Sch. 10 (item 66)
Competition Policy Reform Act 1995	88, 1995	20 July 1995	S. 77: 6 Nov 1995 (see Gazette 1995, No. S423) (m)	—
as amended by
Civil Aviation Legislation Amendment Act 1998	1, 1998	24 Mar 1998	Schedule 4: 6 Nov 1995 (ma)	—
Transport Legislation Amendment Act (No. 3) 1995	174, 1995	16 Dec 1995	S. 4: 1 July 1995 Remainder: Royal Assent	—
Statute Law Revision Act 1996	43, 1996	25 Oct 1996	Schedule 2 (items 29, 30): (n) Schedule 2 (item 28): (n)	—
Civil Aviation Amendment Act 1997	14, 1997	20 Mar 1997	20 Mar 1997	—
Transport Legislation Amendment (Search and Rescue Service) Act 1997	130, 1997	17 Sept 1997	1 Nov 1997 (see Gazette 1997, No. S438)	—
Audit (Transitional and Miscellaneous) Amendment Act 1997	152, 1997	24 Oct 1997	Schedule 2 (item 621): 1 Jan 1998 (see Gazette 1997, No. GN49) (o)	—
Civil Aviation Legislation Amendment Act 1998	1, 1998	24 Mar 1998	Schedule 2 (items 1, 3–11): Royal Assent (p) Schedule 2 (item 2): 6 July 1995 (p)	—
as amended by
Statute Law Revision Act 2002	63, 2002	3 July 2002	Schedule 2 (item 3): (pa)	—
Public Employment (Consequential and Transitional) Amendment Act 1999	146, 1999	11 Nov 1999	Schedule 1 (item 292): 5 Dec 1999 (see Gazette 1999, No. S584) (q)	—
Corporate Law Economic Reform Program Act 1999	156, 1999	24 Nov 1999	Schedule 10 (item 69): 13 Mar 2000 (see Gazette 2000, No. S114) (r)	—
Civil Aviation Amendment Act 2000	8, 2000	7 Mar 2000	Schedule 1 (items 2, 6, 12, 13, 16–18, 20–22, 24–26): 7 Sept 2000 Schedule 1 (item 28): 15 June 1988 Schedule 1 (item 29): 6 July 1995 Remainder: Royal Assent	S. 4 [see Table A]
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000	137, 2000	24 Nov 2000	Ss. 1–3 and Schedule 1 (items 1, 4, 6, 7, 9–11, 32): Royal Assent Remainder: 24 May 2001	Sch. 2 (items 418, 419) [see Table A]

Commencement information
32. Schedule 2, item 3	Immediately after the time specified in the Civil Aviation Legislation Amendment Act 1998 for the commencement of item 11 of Schedule 2 to that Act	24 March 1998

Provision(s)	Commencement	Date/Details
2. Schedule 1	Immediately after the commencement of section 3 of the Transport Safety Investigation Act 2003	1 July 2003 (see Gazette 2003, No. S229)

Provision(s)	Commencement	Date/Details
2. Schedule 1, item 1	A single day to be fixed by Proclamation, subject to subsection (3)	[see Note 2]
3. Schedule 1, item 2	A single day to be fixed by Proclamation, subject to subsection (3)	[see Note 2]
4. Schedule 1, item 3	At the same time as the provision covered by item 2 of this table	[see Note 2]
6. Schedule 1, items 8 to 18	At the same time as the provision covered by item 2 of this table	[see Note 2]

Provision(s)	Commencement	Date/Details
3. Schedule 1, item 2	At the end of the period of 4 months beginning on the day on which this Act receives the Royal Assent	[see Note 3]
5. Schedule 1, items 4 and 5	At the end of the period of 4 months beginning on the day on which this Act receives the Royal Assent	[see Note 3]
7. Schedule 1, item 9	At the end of the period of 4 months beginning on the day on which this Act receives the Royal Assent	[see Note 3]
9. Schedule 1, items 14 to 17	At the end of the period of 4 months beginning on the day on which this Act receives the Royal Assent	[see Note 3]
11. Schedule 2, item 1	At the end of the period of 4 months beginning on the day on which this Act receives the Royal Assent	[see Note 3]

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Title ...................	am. No. 11, 1991; No. 82, 1995
Part I
S. 3....................	am. No. 6, 1989; No. 25, 1990; Nos. 11, 101 and 173, 1991; No. 196, 1992 (as am. by No. 168, 1994); No. 5, 1994; No. 82, 1995; Nos. 14 and 130, 1997; No. 8, 2000; Nos. 83 and 105, 2003
S. 3A ...................	ad. No. 82, 1995
S. 4....................	am. No. 19, 2003
S. 4A...................	ad. No. 5, 1994
	am. No. 82, 1995; No. 43, 1996
S. 5 ....................	am. No. 82, 1995
S. 7 ....................	am. No. 5, 1994; No. 82, 1995
S. 7A ...................	ad. No. 143, 2001
Part II
Heading to Part II ..........	rs. No. 82, 1995
Heading to s. 8 ...........	am. No. 82, 1995
S. 8 ....................	am. No. 82, 1995
Note to s. 8(2) ............	ad. No. 152, 1997
S. 9 ....................	am. Nos. 11 and 173, 1991
	rs. No. 82, 1995
	am. Nos. 19 and 83, 2003
S. 9AA .................	ad. No. 173, 1991
	rep. No. 82, 1995
S. 9A ...................	ad. No. 11, 1991
	rs. No. 82, 1995
S. 10 ...................	am. No. 25, 1990
	rep. No. 82, 1995
S. 10A ..................	ad. No. 5, 1994
	rep. No. 82, 1995
S. 11 ...................	am. No. 82, 1995
S. 11A ..................	ad. No. 25, 1990
	rep. No. 82, 1995
S. 12 ...................	am. No. 11, 1991; No. 82, 1995 (as am. by No. 152, 1997); No. 105, 2003
S. 12A ..................	ad. No. 82, 1995
	am. No. 105, 2003
S. 12B..................	ad. No. 82, 1995
Ss. 12C, 12D.............	ad. No. 105, 2003
Heading to s. 13 ..........	rs. No. 82, 1995
S. 13 ...................	am. No. 25, 1990; No. 82, 1995
Ss. 14, 15 ...............	rs. No. 25, 1990
	rep. No. 82, 1995
S. 16 ...................	am. No. 82, 1995
Part III
Division 1
Heading to Div. 1 of Part III ...	ad. No. 82, 1995
S. 17 ...................	rep. No. 82, 1995
S. 18 ...................	rs. No. 82, 1995
	am. No. 1, 1998
S. 19 ...................	am. No. 5, 1994; No. 82, 1995; No. 143, 2001
S. 20AA ................	ad. No. 173, 1991
	am. No. 71, 1992; No. 8, 2000; No. 8, 2002; No. 83, 2003
Ss. 20AB, 20AC ...........	ad. No. 173, 1991
	am. No. 8, 2000
S. 20 ...................	am. No. 82, 1995
S. 20A ..................	ad. No. 25, 1990
	am. No. 82, 1995
	rs. No. 143, 2001
Heading to s. 21 ..........	am. No. 82, 1995
S. 21 ...................	am. No. 25, 1990; No. 82, 1995; No. 143, 2001
S. 22 ...................	am. No. 25, 1990
S. 23 ...................	am. No. 25, 1990; No. 82, 1995; No. 143, 2001; No. 8, 2002
S. 23A ..................	ad. No. 25, 1990
	rs. No. 11, 1991
	am. No. 5, 1994; No. 137, 2000
S. 23B ..................	ad. No. 25, 1990
	am. No. 5, 1994
S. 24 ...................	am. No. 25, 1990; No. 8, 2002
Ss. 25, 26 ...............	am. No. 82, 1995
Division 2
Heading to Div. 2 of Part III ...	ad. No. 82, 1995
Subdivision A
Heading to Subdiv. A ....... of Div. 2 of Part III	ad. No. 82, 1995
Heading to s. 27 ..........	rs. No. 82, 1995
S. 27 ...................	am. No. 25, 1990; No. 5, 1994; No. 82, 1995; No. 8, 2000
Subdivision B
Subdiv. B of Div. 2 of Part III ..	ad. No. 82, 1995
S. 27AA ................	ad. No. 82, 1995
S. 27AB ................	ad. No. 82, 1995
	am. No. 8, 2000
Ss. 27AC, 27AD ..........	ad. No. 82, 1995
S. 27AE.................	ad. No. 82, 1995
	am. No. 8, 2000
S. 27AF.................	ad. No. 82, 1995
Subdivision C
Heading to Subdiv. C ....... of Div. 2 of Part III	ad. No. 82, 1995
Heading to s. 27A .........	am. No. 82, 1995
S. 27A ..................	ad. No. 5, 1994
	am. No. 82, 1995; No. 8, 2000
Subdivision D
Heading to Subdiv. D ....... of Div. 2 of Part III	ad. No. 82, 1995
S. 28 ...................	rs. No. 5, 1994; No. 82, 1995
	am. No. 1, 1998; No. 8, 2000
Heading to s. 28A .........	am. No. 82, 1995
S. 28A ..................	ad. No. 5, 1994
	am. No. 82, 1995
Subdivision E
Subdiv. E of Div. 2 of Part III ..	ad. No. 82, 1995
S. 28BA.................	ad. No. 82, 1995
	am. No. 1, 1998
S. 28BB.................	ad. No. 82, 1995
Heading to s. 28BC.........	am. No. 8, 2000
S. 28BC.................	ad. No. 82, 1995
	am. No. 1, 1998; No. 8, 2000
Ss. 28BD–28BH...........	ad. No. 82, 1995
S. 28BI..................	ad. No. 1, 1998 (as am. by No. 63, 2002)
Division 3
Heading to Div. 3 of Part III ...	ad. No. 82, 1995
S. 29 ...................	am. No. 25, 1990
	rs. No. 143, 2001
S. 30A ..................	ad. No. 173, 1991
	am. No. 5, 1994; No. 82, 1995
S. 30B ..................	ad. No. 173, 1991
	am. No. 82, 1995
Heading to s. 30C .........	am. No. 82, 1995
S. 30C .................	ad. No. 173, 1991
	am. No. 82, 1995
Division 4
Heading to Div. 4 of Part III ...	ad. No. 82, 1995
S. 32 ...................	am. No. 25, 1990; No. 82, 1995; No. 105, 2003
Part IIIA
Part IIIA .................	ad. No. 101, 1991
S. 32AA ................	ad. No. 101, 1991
	am. No. 82, 1995
S. 32AB ................	ad. No. 101, 1991
	am. No. 5, 1994; No. 82, 1995; No. 143, 2001
Ss. 32AC–32AE ...........	ad. No. 101, 1991
S. 32AF .................	ad. No. 101, 1991
	am. No. 71, 1992
S. 32AG ................	ad. No. 101, 1991
S. 32AH ................	ad. No. 101, 1991
	am. No. 82, 1995
S. 32AHA................	ad. No. 8, 2000
	am. No. 83, 2003
S. 32AJ.................	ad. No. 101, 1991
	am. No. 5, 1994; No. 8, 2002
S. 32AK ................	ad. No. 101, 1991
	am. No. 5, 1994; No. 143, 2001
Heading to s. 32AL.........	rs. No. 83, 2003
S. 32AL .................	ad. No. 82, 1995
	rep. No. 174, 1995
	ad. No. 8, 2000
	am. No. 83, 2003
S. 32AM.................	ad. No. 8, 2000
Part IIIB
Part IIIB.................	ad. No. 19, 2003
Ss. 32AN–32AU...........	ad. No. 19, 2003
Part IV..................	rep. No. 105, 2003
Heading to Part IV .........	am. No. 25, 1990; No. 82, 1995
	rep. No. 105, 2003
S. 32A ..................	ad. No. 25, 1990
	rs. No. 82, 1995
	rep. No. 105, 2003
S. 32B ..................	ad. No. 25, 1990
	am. No. 82, 1995
	rep. No. 105, 2003
S. 33 ...................	am. No. 25, 1990
	rs. No. 82, 1995
	am. No. 14, 1997
	rep. No. 105, 2003
Ss. 34, 35 ...............	am. No. 25, 1990; No. 82, 1995
	rep. No. 105, 2003
S. 36...................	rep. No. 105, 2003
S. 37 ...................	am. No. 25, 1990
	rs. No. 101, 1991
	am. No. 146, 1999
	rep. No. 105, 2003
S. 38 ...................	am. No. 82, 1995; No. 43, 1996; No. 14, 1997
	rep. No. 105, 2003
S. 39 ...................	am. No. 25, 1990; No. 82, 1995; No. 14, 1997
	rep. No. 105, 2003
Ss. 39A, 39B .............	ad. No. 25, 1990
	rep. No. 105, 2003
S. 40 ...................	am. No. 25, 1990
	rep. No. 82, 1995
S. 41 ...................	am. No. 82, 1995
	rep. No. 105, 2003
S. 42 ...................	am. No. 25, 1990; No. 101, 1991; No. 82, 1995 (as am. by No. 152, 1997); No. 156, 1999
	rep. No. 105, 2003
Part V
Part V ..................	rs. No. 82, 1995
S. 43 ...................	am. No. 25, 1990
	rep. No. 82, 1995
S. 44 ...................	am. No. 25, 1990
	rs. No. 82, 1995
	am. No. 105, 2003
S. 45 ...................	am. No. 25, 1990
	rs. No. 82, 1995
	am. No. 43, 1996; No. 105, 2003
Part VI
Part VI .................	rs. No. 82, 1995
S. 46 ...................	am. No. 25, 1990
	rs. No. 82, 1995
S. 47 ...................	am. No. 25, 1990
	rs. No. 82, 1995
	am. No. 82, 1995 (as am. by No. 152, 1997)
S. 48 ...................	am. No. 71, 1992
	rs. No. 82, 1995
	rep. No. 82, 1995
S. 48A ..................	ad. No. 25, 1990
	rep. No. 82, 1995
Heading to s. 49...........	rs. No. 82, 1995
S. 49...................	rs. No. 82, 1995
	am. No. 82, 1995 (as am. by No. 152, 1997); No. 105, 2003
S. 50...................	rs. No. 82, 1995
Ss. 51–54 ...............	rep. No. 82, 1995
S. 54A ..................	ad. No. 25, 1990
	rep. No. 82, 1995
S. 55 ...................	am. No. 55, 1988; No. 25, 1990; No. 173, 1991
	rep. No. 82, 1995
S. 56 ...................	am. No. 25, 1990
	rep. No. 82, 1995
S. 57 ...................	rep. No. 82, 1995
S. 58 ...................	am. No. 25, 1990
	rep. No. 82, 1995
Ss. 59, 60 ...............	rep. No. 82, 1995
S. 61 ...................	rep. No. 25, 1990
S. 62 ...................	am. No. 25, 1990
	rep. No. 82, 1995
S. 62A ..................	ad. No. 173, 1991
	rep. No. 82, 1995
Ss. 63, 64 ...............	am. No. 25, 1990
	rep. No. 82, 1995
S. 65 ...................	am. No. 5, 1994
	rep. No. 82, 1995
S. 66 ...................	am. No. 25, 1990; No. 11, 1991; No. 216, 1992; No. 5, 1994
	rep. No. 82, 1995
Ss. 67, 68 ...............	rep. No. 82, 1995
S. 69 ...................	am. No. 173, 1991
	rep. No. 82, 1995
Ss. 70–74 ...............	rep. No. 82, 1995
S. 75 ...................	am. No. 71, 1992
	rep. No. 82, 1995
Ss. 76, 77 ...............	rep. No. 82, 1995
S. 78 ...................	am. No. 25, 1990
	rep. No. 82, 1995
S. 78A ..................	ad. No. 173, 1991
	rep. No. 82, 1995
S. 79 ...................	rep. No. 82, 1995
S. 80 ...................	am. No. 25, 1990
	rep. No. 82, 1995
Ss. 81–83 ...............	rep. No. 82, 1995
Div. 3 of Part VI ...........	ad. No. 71, 1992
	rep. No. 82, 1995
Ss. 83A–83E .............	ad. No. 71, 1992
	rep. No. 82, 1995
Part VII
Heading to Part VII .........	am. No. 82, 1995
S. 84 ...................	am. No. 25, 1990
	rs. No. 82, 1995
	am. No. 105, 2003
Note to s. 84(4)............	ad. No. 105, 2003
Heading to s. 84A .........	am. No. 82, 1995
S. 84A ..................	ad. No. 25, 1990
	am. No. 82, 1995; No. 105, 2003
S. 84B..................	ad. No. 105, 2003
S. 84C..................	ad. No. 105, 2003
Heading to s. 85 ..........	am. No. 82, 1995
S. 85 ...................	am. No. 25, 1990; No. 82, 1995; No. 105, 2003
S. 86 ...................	rs. No. 25, 1990; No. 82, 1995
Note to s. 86..............	ad. No. 105, 2003
Ss. 87, 88 ...............	am. No. 25, 1990; No. 82, 1995; No. 105, 2003
Heading to s. 89 ..........	am. No. 82, 1995; No. 105, 2003
S. 89 ...................	rs. No. 25, 1990
	am. No. 82, 1995; No. 105, 2003
Heading to s. 90 ..........	am. No. 82, 1995
S. 90 ...................	am. No. 25, 1990; No. 82, 1995; No. 105, 2003
Heading to s. 91 ..........	am. No. 82, 1995
S. 91 ...................	rs. No. 25, 1990
	am. No. 82, 1995; No. 105, 2003
S. 92 ...................	am. No. 82, 1995
S. 93 ...................	am. No. 25, 1990
	rep. No. 82, 1995
Part VIII
Heading to s. 94 ..........	am. No. 82, 1995
S. 94 ...................	rs. No. 25, 1990
	am. No. 82, 1995
	rs. No. 105, 2003
S. 94A ..................	ad. No. 25, 1990
	rs. No. 105, 2003
S. 95 ...................	rep. No. 82, 1995
Heading to s. 96...........	am. No. 105, 2003
S. 96 ...................	rs. No. 82, 1995
	am. No. 105, 2003
S. 97 ...................	am. No. 21, 1989
	rs. No. 82, 1995
S. 97AA ................	ad. No. 8, 2000
S. 97AB.................	ad. No. 8, 2000
	am. No. 105, 2003
S. 97A ..................	ad. No. 25, 1990
	am. No. 143, 2001
S. 98 ...................	am. No. 25, 1990; Nos. 11, 101 and 173, 1991; No. 216, 1992; No. 5, 1994; No. 82, 1995; No. 130, 1997; No. 8. 2000; No. 105, 2003
Part IX .................	rep. No. 82, 1995
S. 99 ...................	rep. No. 82, 1995
Part X ..................	rep. No. 82, 1995
Ss. 100–103 .............	rep. No. 82, 1995
Schedule ................	am. No. 6, 1989
	rep. No. 82, 1995

Note 2

Civil Aviation Legislation Amendment Act 2003 (No. 83, 2003)

The following amendments commence on 6 September 2004 unless proclaimed earlier:

Schedule 1

1 Subsection 3(1)

Insert:

aeronautical product means any part or material that is, or is intended by its manufacturer to be, a part of or used in an aircraft, unless excluded by the regulations.

2 Subsection 3(1) (definition of Australian aircraft)

Repeal the definition, substitute:

Australian aircraft means:

(a) aircraft registered in Australia; and

(b) aircraft in Australian territory, other than foreign registered aircraft and state aircraft.

Note: Some references to Australian aircraft may be affected by the operation of section 4A.

3 Subsection 3(1)

Insert:

maintenance means any task required to ensure, or that could affect, the continuing airworthiness of an aircraft or aeronautical product, including any one or combination of overhaul, repair, inspection, replacement of an aeronautical product, modification or defect rectification.

8 Subsection 20AA(3)

Repeal the subsection, substitute:

Flying without a certificate of airworthiness

(3) An owner, operator, hirer (other than the Crown) or pilot of an Australian aircraft must not commence a flight in the aircraft, or permit a flight in the aircraft to commence, if:

(a) there is no certificate of airworthiness under the regulations in force in respect of the aircraft; and

(b) the regulations do not authorise the flight without the certificate.

Penalty: Imprisonment for 2 years.

Flying without satisfying safety requirements

(4) An owner, operator, hirer (other than the Crown) or pilot of an Australian aircraft must not commence a flight in the aircraft, or permit a flight in the aircraft to commence, if one or more of the following apply:

(a) there is outstanding a requirement imposed by or under the regulations in relation to the maintenance of the aircraft;

(b) the aircraft will require maintenance before the flight can end;

(d) the aircraft is unsafe for flight.

Penalty: Imprisonment for 2 years.

9 Subsection 20AB(2)

Repeal the subsection, substitute:

(2) A person must not carry out maintenance on:

(a) an Australian aircraft; or

(b) an aeronautical product in Australian territory; or

if the person is not permitted by or under the regulations to carry out that maintenance.

Penalty: Imprisonment for 2 years.

10 Subsection 20AB(4)

Repeal the subsection, substitute:

(4) In this section, flight time has the same meaning as in the regulations.

11 Subsection 24(2)

Repeal the subsection, substitute:

(2) A person must not tamper with:

(a) an aircraft; or

(b) an aeronautical product that is of such a type that tampering with it may endanger the safety of an aircraft or any person or property;

if tampering with it may endanger the safety of the aircraft or any person or property.

Penalty: Imprisonment for 2 years.

12 Subsection 27AC(3) (definition of aircraft component)

Repeal the definition.

13 Subsection 27AC(3) (definition of aircraft material)

Repeal the definition.

14 Subsection 27AC(3) (paragraph (b) of the definition of inspection or test)

Repeal the paragraph, substitute:

(b) any aeronautical product that is a part of, or that relates to, any aircraft covered by the application;

15 Subsection 28(3) (paragraph (c) of the definition of key personnel)

Omit “aircraft maintenance”, substitute “aircraft airworthiness and maintenance control”.

16 Subparagraph 28A(1)(d)(iii)

Repeal the subparagraph, substitute:

(iii) of the country or countries in which maintenance was carried out on the aircraft during that year, other than line maintenance; and

17 Subparagraph 28A(1)(g)(ii)

Repeal the subparagraph, substitute:

(ii) the name and address of the person responsible for controlling the airworthiness and maintenance of the aircraft (whether or not the person is the applicant); and

(iii) a separate signed statement from each of those persons that they understand their respective responsibilities under the regulations; and

18 Subsection 28A(2)

Repeal the subsection, substitute:

(2) In this section:

line maintenance, in relation to an aircraft, means routine checks, inspections and malfunction rectifications performed en route and at base stations on the aircraft during transit, turn‑around or night stops.

As at 31 October 2003 the amendments are not incorporated in this compilation.

Note 3

Civil Aviation Amendment Act 2003 (No. 105, 2003)

The following amendments commence at the end of 20 February 2004:

Schedule 1

2 Subsection 3(1)

Insert:

business day means a day that is not a Saturday, a Sunday or a public holiday in the Australian Capital Territory.

4 Subsection 3(1) (definition of civil aviation authorisation)

After “authorisation under”, insert “this Act or”.

5 Subsection 3(1) (definition of civil aviation authorisation)

After “authorisation is called an”, insert “AOC, permission,”.

9 Subsection 3(1)

Insert:

show cause notice means a written notice to the holder of a civil aviation authorisation:

(a) that, by this Act or the regulations, is required to set out the reasons why CASA is considering making a decision under the Act or regulations; and

(b) that is required to state a period during which the holder may show cause why CASA should not make the decision.

14 At the end of section 28BA

Add:

(4) Before making a decision under subsection (3), CASA must:

(a) give the holder of the AOC a notice setting out the reasons why CASA is considering making the decision; and

(b) allow the holder of the AOC to show cause, within such reasonable time as CASA specifies in the notice, why CASA should not make the decision.

(5) If CASA makes a decision under subsection (3), the notice of its decision must include a summary of section 31A. However, a failure to include such a summary does not affect the validity of the notice.

15 After Division 3 of Part III

Insert:

Division 3A—Serious and imminent risks to air safety

Subdivision A—Preliminary

30DA Engage in conduct

In this Division:

engage in conduct means to do an act or omit to do an act.

Subdivision B—Suspension for contravening the serious and imminent risk prohibition

30DB Serious and imminent risk prohibition

The holder of a civil aviation authorisation must not engage in conduct that constitutes, contributes to or results in a serious and imminent risk to air safety.

30DC Suspension

(1) Where CASA has reason to believe that the holder of a civil aviation authorisation has engaged in, is engaging in, or is likely to engage in, conduct that contravenes section 30DB, CASA may suspend the authorisation by giving written notice to the holder.

Note: CASA is not required to give the holder a show cause notice before making a decision under this subsection.

(2) The notice of the decision must include a summary of Subdivisions C and D. However, a failure to include such a summary does not affect the validity of the notice.

(3) The suspension ends at the end of the fifth business day after the day on which the holder was notified of the suspension, unless before that time CASA makes an application to the Federal Court under section 30DE.

Note: If CASA makes an application in time, the suspension continues in force until it comes to an end under the rules in section 30DJ.

30DD CASA may suspend despite other processes

(1) CASA may make a decision under section 30DC in relation to a civil aviation authorisation even if CASA has given the holder of the authorisation the show cause notice required before making a decision under another provision of this Act or the regulations.

(2) A suspension of a civil aviation authorisation under section 30DC has effect despite a stay (whether or not a stay under section 31A) of an earlier decision to vary, suspend or cancel the authorisation.

Subdivision C—Court order in relation to the serious and imminent risk prohibition

30DE Application for and making of order

(1) If CASA suspends a civil aviation authorisation under section 30DC, CASA may, before the end of the fifth business day after the day on which the holder of the authorisation was notified of the suspension, apply to the Federal Court for an order under this section.

(2) If the Federal Court is satisfied that there are reasonable grounds to believe that the holder has engaged in, is engaging in, or is likely to engage in, conduct that contravenes section 30DB, the Court must make an order that prohibits the holder from doing anything that is authorised by the authorisation but that, without the authorisation, would be unlawful.

(3) In deciding under subsection (2), the Federal Court must have regard to section 3A and subsection 9A(1).

(4) Subject to section 30DF, an order continues in force for the period determined by the Federal Court when making the order, being the period (not more than 40 days) that the Court considers reasonable to allow CASA to complete an investigation into the circumstances that gave rise to CASA’s decision to suspend the authorisation.

30DF Court may vary period of order

(1) On application by CASA or the holder of the civil aviation authorisation, the Federal Court may:

(a) extend (but not for more than 28 days); or

(b) shorten;

the period determined by the Court in relation to an order under subsection 30DE(4) (the original period).

(2) An application under subsection (1) must be made before the end of the original period.

(3) CASA may apply only once to extend the period of an order.

(4) If the Court has heard and determined an application under subsection (1) in relation to an order, no further applications to vary the period of that order may be made.

(5) If:

(a) a party (being CASA or the holder of the civil aviation authorisation concerned) applies to vary the period of an order; and

(b) before the Court determines the application, the other party also applies to vary the period of the order;

the Court must hear the applications together.

(6) If an application is made to vary the period of an order, the order continues in force until the day worked out under the table.

Period of order when an application to vary is made
Item	If...	the order continues in force until...
1	the holder applies to shorten the period and CASA does not apply to extend it	the earlier of: (a) the last day of the original period; and (b) if the Court grants the application—the day determined by the Court in granting the application.
2	CASA applies to extend the period of the order and the holder does not apply to shorten it	whichever of the following applies: (a) if the Court grants CASA’s application—the day determined by the Court in granting the application; (b) if the Court refuses CASA’s application before the end of the original period—the end of the original period; (c) if the Court refuses CASA’s application after the end of the original period and before the 28th day after the end of the original period—the day of the refusal; (d) otherwise—the 28th day after the end of the original period.
3	the Court hears applications from both parties together under subsection (5)	whichever of the following applies: (a) if the Court grants one of the applications—the day determined by the Court in granting the application; (b) if the Court refuses both applications before the end of the original period—the end of the original period; (c) if the Court refuses the extension application after the end of the original period and before the 28th day after the end of the original period—the day of the refusal; (d) otherwise—the 28th day after the end of the original period.

Subdivision D—Investigation and further action by CASA

30DG CASA must investigate circumstances giving rise to suspension decision

If the Federal Court makes an order under section 30DE in relation to a civil aviation authorisation, CASA must, by the end of the period that the order is in force, complete an investigation into the circumstances that gave rise to CASA’s decision to suspend the authorisation under section 30DC.

30DH CASA may give a show cause notice within 5 days after end of order

(1) This section applies if, after CASA’s investigation under section 30DG:

(a) CASA has reason to believe that a serious and imminent risk to air safety would exist if the civil aviation authorisation were not varied, suspended or cancelled; and

(b) the grounds for CASA’s belief are related to the circumstances that gave rise to CASA’s decision to suspend the authorisation under section 30DC.

(2) CASA may, within 5 business days after the last day on which the order is in force:

(a) give the holder of the authorisation a show cause notice; and

(b) allow the holder to show cause, within such reasonable time as CASA specifies in the notice (not more than 28 days), why the authorisation should not be varied, suspended or cancelled.

Note: The suspension under section 30DC continues in force beyond the end of the order and may continue until at least the end of the 5 days that CASA has to decide whether to give a show cause notice—see section 30DJ.

30DI CASA may vary, suspend or cancel an authorisation within 5 days after end of show cause period

(1) This section applies if, after the end of the period specified in a show cause notice given under section 30DH:

(a) CASA is satisfied that a serious and imminent risk to air safety would exist if the civil aviation authorisation were not varied, suspended or cancelled; and

(b) the grounds for CASA’s belief are related to the circumstances that gave rise to CASA’s decision to suspend the authorisation under section 30DC.

(2) CASA may vary, suspend or cancel the authorisation, by written notice given to the holder of the authorisation within 5 business days after the end of the period specified in the show cause notice.

Note: The suspension under section 30DC continues in force beyond the end of the period specified in the show cause notice and may continue until the end of the 5 days that CASA has to decide whether to vary, suspend or cancel the authorisation—see section 30DJ.

30DJ When a suspension under section 30DC ends

If CASA suspends a civil aviation authorisation under section 30DC and applies to the Federal Court for an order under section 30DE, the suspension continues in force until the time worked out under the table (unless earlier revoked).

When a section 30DC suspension ends
Item	If...	suspension ends at...
1	CASA’s application for an order is withdrawn or refused	the time of withdrawal or refusal.
2	in the 5 business days after the last day on which the order was in force, CASA does not give the holder a show cause notice under section 30DH in relation to the authorisation	the end of the fifth business day after the order ceased to be in force.
3	CASA varies, suspends or cancels the authorisation under section 30DI	the time the holder is notified of the variation, suspension or cancellation.
4	CASA gave the holder a show cause notice under section 30DH in relation to the authorisation, but, in the 5 business days after the last day of the period specified in the notice, CASA does not vary, suspend or cancel the authorisation	the end of the fifth business day after the last day of the period specified in the show cause notice.

Division 3B—Enforceable voluntary undertakings

30DK Enforceable voluntary undertakings

(1) CASA may accept a written undertaking given by the holder of a civil aviation authorisation in connection with a matter:

(a) arising under this Act or the regulations; and

(b) in relation to which CASA has a function or power under this Act or the regulations.

(2) The period for which the undertaking applies must not exceed 6 months. However, CASA may accept a further undertaking from the holder.

(3) The undertaking must not require, or have the effect of requiring, the holder to pay money to CASA.

(4) CASA must publish details of the undertaking on the Internet.

(5) The holder may withdraw or vary the undertaking at any time, but only with the consent of CASA.

(6) If CASA considers that the holder has breached any of the terms of the undertaking, CASA may apply to the Federal Court for an order under subsection (7).

(7) If the Federal Court is satisfied that the holder has breached a term of the undertaking, the Court may make all or any of the following orders:

(a) an order directing the holder to comply with that term of the undertaking;

(b) an order directing the holder to pay to the Commonwealth an amount up to the amount of any financial benefit that the holder has obtained directly or indirectly and that is reasonably attributable to the breach of the undertaking;

Division 3C—Protection from administrative action for voluntary reporting

Subdivision A—Preliminary

30DL Definitions

In this Division:

accident means an occurrence that is associated with the operation or maintenance of an aircraft and that results in:

(a) the death of, or serious injury to, a person; or

(b) the destruction of, or serious damage to, an aircraft or other property (whether or not property on the aircraft).

prescribed person means the person prescribed under section 30DM.

reportable contravention means a contravention of the regulations, other than the following:

(a) a contravention that is deliberate;

(b) a contravention that is fraudulent;

(c) a contravention that causes or contributes to an accident or to a serious incident (whether before or after the contravention is reported);

(d) a contravention of a regulation that is prescribed for the purposes of this paragraph.

serious incident means an occurrence that is associated with the operation or maintenance of an aircraft where either or both of the following applies:

(a) the occurrence gives rise to a danger of death or serious harm to a person;

(b) the occurrence gives rise to a danger of serious damage to an aircraft or other property (whether or not property on the aircraft).

30DM Prescribed person

(1) The regulations may prescribe a person for the purposes of this Division.

(2) Without limitation, the person prescribed under subsection (1) may be:

(a) a statutory corporation; or

(b) any person from time to time holding, occupying or performing the duties of, a specified position or office (including a statutory office).

(3) The prescribed person has the powers and functions conferred on the person by the regulations.

30DN Voluntary reporting scheme

(1) The regulations may establish a scheme for the voluntary reporting of reportable contraventions to the prescribed person.

(2) The regulations may prescribe:

(a) the purposes of the scheme; and

(b) the manner in which reports are to be made; and

(d) any other matters necessary or incidental to the establishment or operation of a scheme in accordance with subsection (1).

(3) The regulations must not permit the prescribed person to disclose information about a reportable contravention that is personal information within the meaning of the Privacy Act 1988 (except where the person who reported the contravention consents to the disclosure).

Subdivision B—Protection from administrative action

30DO Protection for reporting a reportable contravention

(1) In exercising a power under this Act or the regulations to vary, suspend or cancel a civil aviation authorisation, CASA must disregard a reportable contravention if the holder of the authorisation proves to CASA, in accordance with section 30DP, that the holder reported the contravention to the prescribed person:

(a) within 10 days after the contravention; and

(b) before the holder was given the show cause notice for the proposed decision.

(2) If:

(a) the holder of a civil aviation authorisation is given an infringement notice under the regulations; and

(b) the holder proves to CASA, in accordance with section 30DP, that the holder reported the contravention to the prescribed person:

(i) within 10 days after the contravention; and

(ii) before the holder was given the infringement notice;

then:

(d) the notice is taken to be withdrawn.

30DP Proof of report

It is proof in accordance with this section if:

(a) before CASA varies, suspends or cancels the authorisation; or

(b) before the due date for payment of the penalty specified in the infringement notice;

the holder produces a receipt from the prescribed person that identifies:

(d) the date the report was made to the person; and

(e) the date and nature of the contravention.

30DQ Only protected once every 5 years

Section 30DO does not apply to a reportable contravention by the holder of a civil aviation authorisation if, in the 5 years ending on the date of the contravention:

(a) CASA was required by that section to disregard another reportable contravention by the same holder; or

(b) an infringement notice given to the same holder for another reportable contravention was taken under that section to be withdrawn.

30DR Use of information

(1) None of the following is admissible in evidence in any criminal proceedings against the holder of a civil aviation authorisation:

(a) a report of a reportable contravention made by the holder to the prescribed person;

(b) a receipt given to CASA in accordance with section 30DP by the holder;

(c) any other evidence of the fact that a report of a reportable contravention was made by the holder to the prescribed person.

(2) Subsection (1) only applies if the contravention is still a reportable contravention at the time when the criminal proceedings commence.

Division 3D—Demerit points scheme

Subdivision A—Preliminary

30DS Definitions

In this Division:

demerit cancellation notice means a notice under section 30EC.

demerit suspension notice means a notice under section 30DY or 30DZ.

prescribed offence means an offence prescribed under section 30DT.

30DT Regulations may prescribe offences that the demerit points scheme applies to

The regulations may prescribe:

(a) offences to which this Division applies; and

(b) the number of points that are incurred in relation to an offence.

30DU Classes of civil aviation authorisations

The regulations must prescribe classes to which particular civil aviation authorisations belong, having regard to the activities covered by the civil aviation authorisations.

30DV Other regulations

If:

(a) a civil aviation authorisation is cancelled; and

(b) if the authorisation had not been cancelled, a subsequent suspension or cancellation under this Division would have had effect in relation to the authorisation; and

the regulations may provide that the subsequent suspension or cancellation under this Division has effect in accordance with the regulations.

Subdivision B—Incurring demerit points

30DW When demerit points are incurred

The holder of a civil aviation authorisation incurs demerit points for a prescribed offence if:

(a) the holder is given an infringement notice under the regulations in relation to the offence and pays (in whole or in part) the penalty specified in the notice; or

(b) the holder is convicted or found guilty of the offence.

30DX Demerit points are incurred in relation to a class of authorisations

If the holder of a civil aviation authorisation incurs demerit points, the demerit points are incurred in relation to the class of authorisations to which the offence relates.

Subdivision C—Consequences of incurring demerit points

30DY First‑time demerit suspension notice

(1) CASA must give the holder of a civil aviation authorisation a demerit suspension notice under this section if:

(a) the holder incurs demerit points for a prescribed offence; and

(b) taken together with demerit points incurred by the holder for offences committed by the holder in the 3 years ending on the day the offence was committed, the holder has incurred at least 12 demerit points in relation to the same class of authorisations; and

(2) The effect of giving the notice is that:

(a) from the start date specified in the notice, all of the holder’s civil aviation authorisations of that class are suspended for the suspension period; and

(b) the holder is not entitled to be granted a civil aviation authorisation of that class, from the date of the notice until the end of the last day on which a civil aviation authorisation of that class is suspended as a result of the notice.

(3) The suspension period for an authorisation is:

(a) if the total of the demerit points counted under paragraphs (1)(a) and (b) is 12, 13, 14 or 15—90 days; or

(b) if the total of the demerit points counted under paragraphs (1)(a) and (b) is 16, 17, 18 or 19—120 days; or

Note: The suspension period for a particular authorisation may be affected by section 30EB.

30DZ Second‑time demerit suspension notice

(1) CASA must give the holder of a civil aviation authorisation a demerit suspension notice under this section if:

(a) the holder incurs demerit points for a prescribed offence; and

(b) taken together with demerit points incurred by the holder for offences committed by the holder in the 3 years ending on the day the offence was committed, the holder has incurred at least 6 demerit points in relation to the same class of authorisations; and

(2) The effect of giving the notice is that:

(a) from the start date specified in the notice, all of the holder’s civil aviation authorisations of that class are suspended for the suspension period; and

(3) The suspension period for an authorisation is:

(a) if the total of the demerit points counted under paragraphs (1)(a) and (b) is 6, 7, 8 or 9—90 days; or

(b) if the total of the demerit points counted under paragraphs (1)(a) and (b) is 10, 11, 12 or 13—120 days; or

Note: The suspension period for a particular authorisation may be affected by section 30EB.

30EA Details in a demerit suspension notice

A demerit suspension notice must state the following:

(a) the date of the notice;

(b) the start date, being the date that the suspension period begins (which must not be earlier than the 28th day after the date of the notice);

(d) the class of authorisations covered by the notice;

(e) any other information required by the regulations.

30EB Suspension period not to be served concurrently

A day is not counted for the purposes of a suspension period that applies to a holder’s civil aviation authorisation under this Division if:

(a) on that day, a suspension of the authorisation has effect under another provision of this Act or the regulations; or

(b) the day is a day prescribed by the regulations for the purposes of this section.

Example: At the time that a 90 day suspension under section 30DY comes into force, another suspension of one of the affected civil aviation authorisations has been stayed under section 31A. 20 days into the section 30DY suspension, the Administrative Appeals Tribunal reviews the other suspension and upholds it. The other suspension runs for 30 days. Those 30 days do not count for the purposes of the section 30DY suspension of the relevant authorisation. The section 30DY suspension of that authorisation has 70 days to run after the end of the other suspension.

30EC Demerit cancellation notice

(1) CASA must give the holder of a civil aviation authorisation a demerit cancellation notice if:

(a) the holder incurs demerit points for a prescribed offence; and

(b) taken together with demerit points incurred by the holder for offences committed by the holder in the 3 years ending on the day the offence was committed, the holder has incurred at least 6 demerit points in relation to the same class of authorisations; and

(c) the holder has, twice previously, been given a demerit suspension notice in relation to that class of authorisations.

(2) The effect of giving the notice is that:

(a) from the start date specified in the notice, all of the holder’s civil aviation authorisations of that class are cancelled; and

(b) the holder is not entitled to be granted a civil aviation authorisation of that class for 3 years from the date of the notice.

30ED Details in a demerit cancellation notice

A demerit cancellation notice must state the following:

(a) the date of the notice;

(b) the start date, being the date that the cancellation begins (which must not be earlier than the 28th day after the date of the notice);

(d) the class of authorisations covered by the notice;

(e) any other information required by the regulations.

30EE Expiry of demerit points

If the holder of a civil aviation authorisation is given a demerit suspension notice or a demerit cancellation notice, all demerit points incurred by the holder that counted under subsection 30DY(1), 30DZ(1) or 30EC(1) towards that suspension or cancellation are disregarded for the purposes of subsequent calculations of demerit points under those subsections.

Note: Demerit points incurred after the date of the notice but before the suspension or cancellation begins are not disregarded.

Subdivision D—Reinstatement of civil aviation authorisation in special circumstances

30EF CASA may reinstate if satisfied that holder’s livelihood depends on authorisation

(1) A holder of a civil aviation authorisation who has been given a demerit suspension notice or demerit cancellation notice may apply to CASA to have the authorisation reinstated.

(2) Subsection (1) applies despite paragraphs 30DY(2)(b), 30DZ(2)(b) and 30EC(2)(b).

(3) If, and only if, CASA is satisfied that the suspension or cancellation would cause the holder severe financial hardship because, without the authorisation, the holder would not be able to earn the holder’s principal or only income, CASA may:

(a) reinstate the authorisation; and

(b) impose on the authorisation such conditions as CASA considers appropriate in the circumstances.

Subdivision E—Administration of the demerit points scheme

30EG CASA must maintain a demerit points register

(1) CASA must maintain a register that records details necessary for, or directly relevant to, the administration of this Division.

(2) CASA must, if it becomes aware of it, correct any mistake, error or omission in the register.

(3) The regulations may provide for other matters in relation to the keeping of the register.

30EH CASA may maintain other records

For the purposes of administering this Division, CASA may, in addition to the register, keep records of information obtained and actions taken under this Division.

30EI Demerit points incurred to be included in register

If the holder of a civil aviation authorisation incurs demerit points in relation to a prescribed offence, CASA must record in the register:

(a) the number of demerit points prescribed by the regulations in relation to the offence; and

(b) the date the offence was committed; and

30EJ Expired points to be removed from register

CASA must remove from the register demerit points that can no longer be taken into account under subsection 30DY(1), 30DZ(1) or 30EC(1).

16 Subsection 31(1) (paragraph (b) of the definition of reviewable decision)

Repeal the paragraph, substitute:

(b) the imposition or variation of a condition, or the cancellation, suspension or variation of an authorisation, contained in such a certificate, permission, permit or licence; or

(c) a decision under subsection 30EF(3) (about reinstating a civil aviation authorisation that has been suspended or cancelled under Division 3D);

but does not include:

(d) a suspension of a civil aviation authorisation under section 30DC (suspension for contravening the serious and imminent risk prohibition); or

(e) a suspension or cancellation of a civil aviation authorisation under Division 3D (the demerit points scheme).

17 After section 31

Insert:

31A Automatic stay of certain reviewable decisions

(1) This section applies to a decision under this Act or the regulations that is reviewable by the Administrative Appeals Tribunal if, before making the decision, CASA was required by this Act or the regulations to give a show cause notice to the holder of the civil aviation authorisation concerned.

(2) This section does not apply to a decision under section 30DI or a decision under the regulations to cancel a licence, certificate or authority on the ground that the holder of that licence, certificate or authority has contravened a provision of this Act or the regulations (including the regulations as in force by virtue of a law of a State).

(3) If this section applies to a decision, the operation of the decision is stayed by force of this section.

(4) The stay ceases to have effect at the end of the fifth business day after the day CASA notified the holder of the decision, unless, before the end of that fifth business day, the holder applies to the Tribunal for review of the decision.

(5) If the holder applies to the Tribunal in accordance with subsection (4), the stay continues to have effect until the earlier of:

(a) the time when the decision of the Tribunal on the application comes into operation; and

(b) the end of the 90th day after the day CASA notified the holder of the decision.

(6) If the holder applies to the Tribunal in accordance with subsection (4), the holder must give a copy of the application to CASA as soon as practicable after lodging it with the Tribunal.

(7) At any time before the end of the period mentioned in paragraph (5)(b), the holder may apply to the Tribunal for an order under subsection 41(2) of the Administrative Appeals Tribunal Act 1975. Any time limit for making such an application does not apply if this subsection applies.

31B Stay ends if application is withdrawn

(1) If the holder of a civil aviation authorisation withdraws an application covered by section 31A, the stay ceases to have effect from the time of the withdrawal.

(2) The holder must notify CASA of the withdrawal as soon as practicable.

31C Tribunal’s ordinary powers not affected

To avoid doubt, section 31A does not affect:

(a) the operation of subsection 31(2); or

(b) the powers of the Tribunal under subsection 41(2) of the Administrative Appeals Tribunal Act 1975.

31D CASA may still suspend for a serious and imminent risk

Nothing in section 31A prevents CASA from suspending a civil aviation authorisation under section 30DC (suspension for contravening the serious and imminent risk prohibition).

Note: See also section 30DD.

As at 31 October 2003 the amendments are not incorporated in this compilation.

Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2001	143, 2001	1 Oct 2001	2 Oct 2001	S. 4 [see Table A]
Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2002	8, 2002	4 Apr 2002	5 Apr 2002	—
Transport Safety Investigation (Consequential Amendments) Act 2003	19, 2003	11 Apr 2003	Schedule 1 (items 4A, 5, 5A): (s)	—
Civil Aviation Legislation Amendment Act 2003	83, 2003	6 Sept 2003	Schedule 1 (items 1–3, 8–18): [see (t) and Note 2] Schedule 1 (items 4–7, 19–23): Royal Assent	—
Civil Aviation Amendment Act 2003	105, 2003	21 Oct 2003	S. 4 and Schedule 1 (items 1, 3, 6–8, 10–13, 18–48): Royal Assent Schedule 1 (items 2, 4, 5, 9, 14–17): [see (u) and Note 3]	S. 4 [see Table A]

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
32. Schedule 2, item 3	Immediately after the time specified in the Civil Aviation Legislation Amendment Act 1998 for the commencement of item 11 of Schedule 2 to that Act	24 March 1998