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Civil Aviation Act 1988
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Administered by
Department of Infrastructure, Transport, Regional Development, Communications and the Arts
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C2021C00060 (C63)
18 December 2020
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Part I—Preliminary
1 Short title
2 Commencement
3 Interpretation
3AA When a New Zealand AOC with ANZA privileges is in force for Australia
3A Main object of this Act
4 Application to state aircraft
4A Application to aircraft subject to 83 bis agreements
5 Act to bind Crown
6 Extension to external Territories
7 Extra territorial application
7A Application of the Criminal Code
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Part II—Establishment, functions etc. of CASA
8 Establishment of CASA
9 CASA’s functions
9A Performance of functions
11 Functions to be performed in accordance with international agreements
11A Compliance with Australian Airspace Policy Statement
12 Directions
12A Minister may give the Board notices about its strategic direction etc.
12B Minister may direct CASA to give documents and information to nominee
13 CASA’s powers
16 Consultation
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Part III—Regulation of civil aviation
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Division 1—General regulatory provisions
19 Civil Air Ensign
20AA Flying unregistered aircraft etc.
20AB Flying aircraft without licence etc.
20AC Purported issue of authorisation
20 Defence aerodromes
20A Reckless operation of aircraft
21 Interference with aeronautical facilities
22 Interception etc. of aircraft
23 Dangerous goods
23A Statements of the contents of cargo
23B Training relating to dangerous goods
24 Interference with crew or aircraft
25 Non scheduled flights by foreign registered aircraft
26 Aircraft on international flights to have permission
Division 1A—General provisions about mutual recognition under the ANZA mutual recognition agreements
26A Guide to how this Act deals with mutual recognition between Australia and New Zealand
26B Disclosure of information by CASA to the Director of CAA New Zealand
26C Obligation to consult Director of CAA New Zealand before taking certain actions
26D Delegation of Australian powers to employees of CAA New Zealand
26E Delegation of New Zealand powers and functions to CASA officers
Division 2—Air Operators’ Certificates (AOCs)
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Subdivision A—General
27 AOCs
Subdivision B—Application for AOC
27AA Application in approved form
27AB Lodgment of manuals
27AC CASA may require information etc. and inspections etc.
27AD CASA may require proving flights etc.
27AE Application for foreign aircraft AOC
27AF CASA not required to consider application until requirements complied with
Subdivision C—Operation of a foreign registered aircraft without AOC
27A Permission for operation of foreign registered aircraft without AOC
Subdivision D—Issue of AOCs
28 CASA must issue AOC if satisfied about certain matters
28A Additional conditions for issue of AOC in relation to certain foreign registered aircraft
28AA Matters that CASA may have regard to in issuing an AOC in relation to certain flights by foreign registered aircraft
28B Additional conditions for issue of an Australian AOC with ANZA privileges
Subdivision E—Conditions of AOC
28BA General conditions
28BAA Certain conditions for grant of AOC also have effect as ongoing conditions on the AOC
28BB CASA may impose and vary AOC conditions
28BC Limits on CASA’s powers in relation to suspension, cancellation and AOC conditions
28BD Compliance with civil aviation law
28BE Duty to exercise care and diligence
28BF Organisation, personnel etc.
28BG Operations headquarters and suitable buildings
28BH Reference library
28BI Personal injury liability insurance
Subdivision F—Other provisions relating to Australian and New Zealand AOCs with ANZA privileges
28C Certain documents and information to be given to CASA by holder of New Zealand AOC with ANZA privileges
28D Director’s power to give an Australian temporary stop notice to holder of New Zealand AOC with ANZA privileges
28E Revocation of an Australian temporary stop notice
28F CASA’s obligation on receiving copy of a New Zealand temporary stop notice
28G Disapplying regulations that would otherwise apply to the holder of a New Zealand AOC with ANZA privileges
Division 3—General offences in relation to aircraft
29 Offences in relation to aircraft
30 Weather etc. to be a defence
30A Court may impose exclusion period if offence committed
30B Variation and termination of exclusion order
30C Court to give CASA details of exclusion orders
Division 3A—Serious and imminent risks to air safety
Subdivision A—Preliminary
30DA Engage in conduct
Subdivision B—Suspension for contravening the serious and imminent risk prohibition
30DB Serious and imminent risk prohibition
30DC Suspension
30DD CASA may suspend despite other processes
Subdivision C—Court order in relation to the serious and imminent risk prohibition
30DE Application for and making of order
30DF Court may vary period of order
Subdivision D—Investigation and further action by CASA
30DG CASA must investigate circumstances giving rise to suspension decision
30DH CASA may give a show cause notice within 5 days after end of order
30DI CASA may vary, suspend or cancel an authorisation within 5 days after end of show cause period
30DJ When a suspension under section 30DC ends
Division 3B—Enforceable voluntary undertakings
30DK Enforceable voluntary undertakings
Division 3C—Protection from administrative action for voluntary reporting
Subdivision A—Preliminary
30DL Definitions
30DM Prescribed person
30DN Voluntary reporting scheme
Subdivision B—Protection from administrative action
30DO Protection for reporting a reportable contravention
30DP Proof of report
30DQ Only protected once every 5 years
30DR Use of information
Division 3D—Demerit points scheme
Subdivision A—Preliminary
30DS Definitions
30DT Regulations may prescribe offences that the demerit points scheme applies to
30DU Classes of civil aviation authorisations
30DV Other regulations
Subdivision B—Incurring demerit points
30DW When demerit points are incurred
30DX Demerit points are incurred in relation to a class of authorisations
Subdivision C—Consequences of incurring demerit points
30DY First time demerit suspension notice
30DZ Second time demerit suspension notice
30EA Details in a demerit suspension notice
30EB Suspension period not to be served concurrently
30EC Demerit cancellation notice
30ED Details in a demerit cancellation notice
30EE Expiry of demerit points
Subdivision D—Reinstatement of civil aviation authorisation in special circumstances
30EF CASA may reinstate if satisfied that holder’s livelihood depends on authorisation
Subdivision E—Administration of the demerit points scheme
30EG CASA must maintain a demerit points register
30EH CASA may maintain other records
30EI Demerit points incurred to be included in register
30EJ Expired points to be removed from register
Division 4—Miscellaneous
31 Review of decisions
31A Automatic stay of certain reviewable decisions
31B Stay ends if application is withdrawn
31C Tribunal’s ordinary powers not affected
31D CASA may still suspend for a serious and imminent risk
32 Powers and functions under State and Territory laws
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Part IIIA—Investigation powers
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Division 1—Appointment of investigators and issue of identity cards
32AA Appointment of investigators
32AB Identity cards
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Division 2—Powers of investigators
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Subdivision A—Searches without a warrant
32AC Search with consent to monitor compliance
32ACA Search with consent for evidence in relation to civil aviation offences
32ACB Consent to enter premises
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Subdivision B—Applying for and issuing a warrant
32AD Monitoring warrants
32AF Offence related warrants
32AG Warrants may be granted by telephone
32AH Seizures related to civil aviation offences
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Subdivision C—General provisions about executing a warrant
32AHA Announcement before entry
32AHB Assistance and force in executing a warrant
32AHC Copy of warrant to be shown to occupier etc.
32AHD Occupier entitled to watch search
32AHE Specific powers available to investigator executing a warrant
32AHF Use of equipment to examine or process things
32AHG Use of electronic equipment at premises without expert assistance
32AHH Use of electronic equipment at premises with expert assistance
32AHI Person with knowledge of a computer or a computer system to assist access etc.
32AHJ Accessing data held on other premises—notification to occupier of those premises
32AHK Compensation for damage to electronic equipment
32AHL Copies of seized things to be provided
32AHM Receipts of things seized under warrant
32AHN Retention of seized things
32AHO Magistrate may permit a thing to be retained
32AJ Power to require persons to answer questions and produce documents
32AK Powers in relation to aircraft etc.
32AL Destruction or disposal of certain goods
32AM Compensation for acquisition of property
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Division 3—Offences
32AMA Making false statements in warrants
32AMB Offence for stating incorrect names in telephone warrants
32AMC Offence for unauthorised form of warrant
32AMD Offence for executing etc. an unauthorised form of warrant
32AME Offence for giving unexecuted form of warrant
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Division 4—Miscellaneous
32AMF Other laws about search and seizure not affected
32AMG Magistrates—personal capacity
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Part IIIB—Protection of CVR (cockpit voice recording) information
32AN Definitions
32AO Definition of CVR or cockpit voice recording
32AP Copying or disclosing CVR information
32AQ CVR information no ground for disciplinary action
32AR Admissibility of CVR information in criminal proceedings against crew members
32AS Admissibility of CVR information in civil proceedings
32AT Examination by a court of CVR information under subsection 32AS(3)
32AU Where a court makes an order under subsection 32AS(3)
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Part IV—Drug and alcohol management plans and testing
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Division 1—Definitions
33 Definitions
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Division 2—Regulations
34 General regulation making power
35 Drug and alcohol management plans
36 Drug or alcohol tests
37 Conferral of administrative powers
38 Conferral of power to make legislative instruments
39 General regulation making power not limited
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Part V—Corporate plan
44 Corporate plan
45 Minister’s response to corporate plan
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Part VI—Finance
46 CASA to be paid money appropriated by Parliament
46A Payment of amounts of levy to CASA
47 Application and investment of money
49 Extra matters to be included in annual report
50 Taxation
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Part VII—Board of CASA
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Division 1—Establishment and functions
51 Establishment
52 Membership
53 Functions
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Division 2—Appointment etc. of Board members
54 Appointment
55 Term of appointment
56 Remuneration and allowances
57 Leave of absence
58 Outside employment
59 Resignation
60 Termination of appointment
61 Other terms and conditions
62 Acting Chair
63 Acting Board members
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Division 3—Board procedures
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Subdivision A—Meetings
64 Times and places of meetings
65 Presiding at meetings
66 Quorum
67 Voting at meetings etc.
68 Conduct of meetings
69 Minutes
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Subdivision B—Decisions without meetings
70 Decisions without meetings
71 Record of decisions
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Part VIIA—The Director and staff of CASA
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Division 1—Appointing the Director
72 Director
73 Duties
74 Appointment
75 Term of appointment
76 Remuneration and allowances
77 Leave of absence
78 Outside employment
79 Other terms and conditions
80 Resignation
81 Termination of appointment
82 Acting Director
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Division 2—Staff of CASA
83 Staff of CASA
84 Consultants
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Part VIII—Miscellaneous
94 Delegation by the Director
95 Delegation by Board
95A Delegation by Secretary of the Department
95B Delegation by Minister
96 Tabling of directions, notices etc. of the Minister
97 Payment of prescribed fees
97AA Prescribed fees payable to CASA
97AB Charging of fees by external service providers
97A Conduct by directors, employees and agents
98 Regulations etc.
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history