Part I
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Commonwealth act
The Civil Aviation Act 1988 establishes CASA as Australia’s regulator to keep flying safe: licensing, certifying and inspecting aircraft, pilots, operators and maintenance providers, and enforcing strict rules on dangerous goods and airworthiness. It affects passengers, aircrew, airlines, maintenance workers and cargo operators.
CASA has broad inspection and enforcement powers and can suspend certificates; serious breaches carry heavy criminal penalties (including up to seven years for knowingly carrying dangerous goods).
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Direct links to the current provisions in Civil Aviation Act 1988.
This Act may be cited as the Civil Aviation Act 1988.
(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.
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.
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.
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;
(c) communications services;
(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.
ANZA is short for Australia New Zealand Aviation.
ANZA activities in Australian territory, in relation to a New Zealand AOC with ANZA privileges, means the operations in, or flights into or out of, Australian territory that are authorised by the AOC, to the extent that it is expressed to be issued under section 11G of the Civil Aviation Act 1990 of New Zealand.
ANZA activities in New Zealand, in relation to an Australian AOC with ANZA privileges, means the operations in, or flights into or out of, New Zealand that are authorised by the AOC, to the extent that it is expressed to be issued for the purposes of the ANZA mutual recognition agreements.
ANZA mutual recognition agreements means the agreement or arrangement, or agreements or arrangements, as amended and in force from time to time, identified in regulations made for the purposes of this definition.
AOC means an Air Operator’s Certificate issued under Division 2 of Part III.
Note: In some provisions AOC is used in the context of a New Zealand AOC with ANZA privileges (which is a document granted under the Civil Aviation Act 1990 of New Zealand).
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.
Australian AOC with ANZA privileges means an AOC that is expressed, wholly or partly, to be issued for the purposes of the ANZA mutual recognition agreements (see subsections 27(2AA) to (2AC)).
Australian temporary stop notice has the meaning given by subsection 28D(1).
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
(c) the air space over any such territory or sea.
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;
(c) the Australian Federal Police;
(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;
(c) the planning, construction, establishment, operation and use of aerodromes;
(d) the establishment and use of airspace;
(e) the planning, construction, establishment, maintenance, operation and use of:
(i) services and facilities of the kind covered by paragraph 8(1)(a) 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.
Board means the Board of CASA.
Board member means a member of the Board appointed in accordance with section 54.
business day means a day that is not a Saturday, a Sunday or a public holiday in the Australian Capital Territory.
CAA New Zealand means the Civil Aviation Authority established by the Civil Aviation Act 1990 of New Zealand, or any successor to that Authority.
CASA means the Civil Aviation Safety Authority established by this Act.
certificate includes an AOC.
Chair means the Chair of the Board.
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 this Act or the regulations to undertake a particular activity (whether the authorisation is called an AOC, permission, authority, licence, certificate, rating or endorsement or is known by some other name).
civil aviation legislation means:
(a) this Act or the regulations; or
(b) legislative instruments made under this Act or the regulations; or
(c) Chapter 7 of the Criminal Code, insofar as that Chapter applies to conduct in relation to:
(i) this Act or the regulations; or
(ii) legislative instruments made under this Act or the regulations; or
(iii) CASA; or
(iv) an officer acting, or purporting to act, in the course of the officer’s official duties; or
(v) an authorised person acting, or purporting to act, in accordance with powers conferred under the regulations; or
(vi) a person to whom a power or function has been delegated under this Act, the regulations, or an instrument made under this Act or the regulations.
civil aviation offence means an offence against the civil aviation legislation.
Civil Aviation Orders means the orders made under subsection 98(4A) or referred to in subsection 98(5).
commercial presence means any type of business or professional establishment.
Note: Example: A person can have a commercial presence through the creation or maintenance of a branch or representative office.
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.
Contracting State means a foreign country that is a party to the Chicago Convention.
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.
data has the same meaning as in Part IAA of the Crimes Act 1914.
data held in a computer has the same meaning as in Part IAA of the Crimes Act 1914.
data storage device has the same meaning as in Part IAA of the Crimes Act 1914.
Deputy Chair means the Deputy Chair of the Board.
Director means the Director of Aviation Safety appointed under section 74.
Director of CAA New Zealand has the same meaning as Director has in the Civil Aviation Act 1990 of New Zealand.
evidential material means a thing that may be relevant to a civil aviation offence.
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
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.
in force for Australia, in relation to a New Zealand AOC with ANZA privileges, has the meaning given by section 3AA.
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;
(c) power to photograph, or make sketches of, the premises and 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.
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.
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
(c) for refuelling, parking or carrying out maintenance on aircraft.
New Zealand has the same meaning as in the Interpretation Act 1999 of New Zealand.
New Zealand AOC with ANZA privileges has the same meaning as in section 2 of the Civil Aviation Act 1990 of New Zealand.
New Zealand temporary stop notice has the same meaning as in section 2 of the Civil Aviation Act 1990 of New Zealand.
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).
safety rules, in relation to a permission or AOC, means the provisions of this Act, the regulations and the Civil Aviation Orders that relate to safety (including rules about the competence of persons to do anything that would be covered by the permission or AOC).
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.
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.
unmanned aircraft levy means the levy imposed by the Civil Aviation (Unmanned Aircraft Levy) Act 2020.
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.
(1) For the purposes of this Act, a New Zealand AOC with ANZA privileges is in force for Australia if the AOC: (a) is current under the Civil Aviation Act 1990 of New Zealand; and (b) has come into force for Australia under subsection 28C(1) of this Act. (2) However, while an Australian temporary stop notice is in force in relation to particular activities authorised by a New Zealand AOC with ANZA privileges, the AOC is not in force for Australia in relation to those activities.
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.
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.
(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 (c) the aircraft to which the agreement or amendment relates; 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 prima facie evidence of the matters stated in it.
(1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory. (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.
This Act extends to all the external Territories.
This Act extends to matters relating to: (a) foreign registered aircraft flying into or out of Australian territory or operating in Australian territory; and (aa) foreign registered 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; and (c) ANZA activities in New Zealand authorised by Australian AOCs with ANZA privileges.
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.
(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 (c) may sue and be sued in its corporate name.
Note: The Public Governance, Performance and Accountability Act 2013 applies to the CASA. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.
(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.
(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; (ba) ANZA activities in New Zealand authorised by Australian AOCs with ANZA privileges; by means that include the following: (c) developing and promulgating appropriate, clear and concise aviation safety standards; (d) developing effective enforcement strategies to secure compliance with aviation safety standards; (da) administering Part IV (about drug and alcohol management plans and testing); (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: (aa) implementing the ANZA mutual recognition agreements; (a) cooperating with the Australian Transport Safety Bureau 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; (ba) enforcing the requirements of this Act and the regulations in relation to insurance and financial arrangements required under Part IVA of the Civil Aviation (Carriers’ Liability) Act 1959; (c) any functions conferred on CASA under the Air Navigation Act 1920; (ca) entering into 83 bis agreements on behalf of Australia; (cb) any functions conferred on CASA under the Aviation Transport Security Act 2004; (cc) any functions conferred on CASA under the Airspace Act 2007 or under regulations under that Act; (cd) any functions conferred on CASA under the International Interests in Mobile Equipment (Cape Town Convention) Act 2013 or rules made under that Act; (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 registered aircraft under the law of a foreign country.
(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. (3) Subject to subsection (1), in developing and promulgating aviation safety standards under paragraph 9(1)(c), CASA must: (a) consider the economic and cost impact on individuals, businesses and the community of the standards; and (b) take into account the differing risks associated with different industry sectors.
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.
(1) Subject to subsection 9A(1), CASA must exercise its powers and perform its functions in a manner consistent with the Australian Airspace Policy Statement. (2) If CASA proposes to exercise a power or perform a function in a manner that is inconsistent with the Australian Airspace Policy Statement, CASA must notify the Minister in writing that it is proposing to do so and of its reasons. (3) In this section:
Australian Airspace Policy Statement means the statement made under subsection 8(1) of the Airspace Act 2007.
(1) The Minister may give the Board 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 the Board to consult: (a) in the manner specified by the Minister; and (b) about matters specified by the Minister; and (c) with bodies and organisations specified by the Minister. (2) Directions as to the performance of its regulatory function shall be only of a general nature. (4) The Board must comply with a direction given under subsection (1). (5) This section does not affect the application of section 22 of the Public Governance, Performance and Accountability Act 2013 (which deals with the application of government policy to corporate Commonwealth entities) in relation to CASA.
(1) The Minister may notify the Board 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, the Board must act in accordance with notices given under subsection (1).
(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.
(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 (c) by arranging for another person (including the Commonwealth) to do so on its behalf. (5) CASA may appoint a body or bodies to advise CASA in relation to the performance of its functions.
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).
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Civil Aviation Act 1988.
(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.
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.
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.
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;
(c) communications services;
(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.
ANZA is short for Australia New Zealand Aviation.
ANZA activities in Australian territory, in relation to a New Zealand AOC with ANZA privileges, means the operations in, or flights into or out of, Australian territory that are authorised by the AOC, to the extent that it is expressed to be issued under section 11G of the Civil Aviation Act 1990 of New Zealand.
ANZA activities in New Zealand, in relation to an Australian AOC with ANZA privileges, means the operations in, or flights into or out of, New Zealand that are authorised by the AOC, to the extent that it is expressed to be issued for the purposes of the ANZA mutual recognition agreements.
ANZA mutual recognition agreements means the agreement or arrangement, or agreements or arrangements, as amended and in force from time to time, identified in regulations made for the purposes of this definition.
AOC means an Air Operator’s Certificate issued under Division 2 of Part III.
Note: In some provisions AOC is used in the context of a New Zealand AOC with ANZA privileges (which is a document granted under the Civil Aviation Act 1990 of New Zealand).
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.
Australian AOC with ANZA privileges means an AOC that is expressed, wholly or partly, to be issued for the purposes of the ANZA mutual recognition agreements (see subsections 27(2AA) to (2AC)).
Australian temporary stop notice has the meaning given by subsection 28D(1).
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
(c) the air space over any such territory or sea.
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;
(c) the Australian Federal Police;
(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;
(c) the planning, construction, establishment, operation and use of aerodromes;
(d) the establishment and use of airspace;
(e) the planning, construction, establishment, maintenance, operation and use of:
(i) services and facilities of the kind covered by paragraph 8(1)(a) 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.
Board means the Board of CASA.
Board member means a member of the Board appointed in accordance with section 54.
business day means a day that is not a Saturday, a Sunday or a public holiday in the Australian Capital Territory.
CAA New Zealand means the Civil Aviation Authority established by the Civil Aviation Act 1990 of New Zealand, or any successor to that Authority.
CASA means the Civil Aviation Safety Authority established by this Act.
certificate includes an AOC.
Chair means the Chair of the Board.
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 this Act or the regulations to undertake a particular activity (whether the authorisation is called an AOC, permission, authority, licence, certificate, rating or endorsement or is known by some other name).
civil aviation legislation means:
(a) this Act or the regulations; or
(b) legislative instruments made under this Act or the regulations; or
(c) Chapter 7 of the Criminal Code, insofar as that Chapter applies to conduct in relation to:
(i) this Act or the regulations; or
(ii) legislative instruments made under this Act or the regulations; or
(iii) CASA; or
(iv) an officer acting, or purporting to act, in the course of the officer’s official duties; or
(v) an authorised person acting, or purporting to act, in accordance with powers conferred under the regulations; or
(vi) a person to whom a power or function has been delegated under this Act, the regulations, or an instrument made under this Act or the regulations.
civil aviation offence means an offence against the civil aviation legislation.
Civil Aviation Orders means the orders made under subsection 98(4A) or referred to in subsection 98(5).
commercial presence means any type of business or professional establishment.
Note: Example: A person can have a commercial presence through the creation or maintenance of a branch or representative office.
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.
Contracting State means a foreign country that is a party to the Chicago Convention.
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.
data has the same meaning as in Part IAA of the Crimes Act 1914.
data held in a computer has the same meaning as in Part IAA of the Crimes Act 1914.
data storage device has the same meaning as in Part IAA of the Crimes Act 1914.
Deputy Chair means the Deputy Chair of the Board.
Director means the Director of Aviation Safety appointed under section 74.
Director of CAA New Zealand has the same meaning as Director has in the Civil Aviation Act 1990 of New Zealand.
evidential material means a thing that may be relevant to a civil aviation offence.
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
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.
in force for Australia, in relation to a New Zealand AOC with ANZA privileges, has the meaning given by section 3AA.
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;
(c) power to photograph, or make sketches of, the premises and 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.
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.
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
(c) for refuelling, parking or carrying out maintenance on aircraft.
New Zealand has the same meaning as in the Interpretation Act 1999 of New Zealand.
New Zealand AOC with ANZA privileges has the same meaning as in section 2 of the Civil Aviation Act 1990 of New Zealand.
New Zealand temporary stop notice has the same meaning as in section 2 of the Civil Aviation Act 1990 of New Zealand.
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).
safety rules, in relation to a permission or AOC, means the provisions of this Act, the regulations and the Civil Aviation Orders that relate to safety (including rules about the competence of persons to do anything that would be covered by the permission or AOC).
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.
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.
unmanned aircraft levy means the levy imposed by the Civil Aviation (Unmanned Aircraft Levy) Act 2020.
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.
(1) For the purposes of this Act, a New Zealand AOC with ANZA privileges is in force for Australia if the AOC: (a) is current under the Civil Aviation Act 1990 of New Zealand; and (b) has come into force for Australia under subsection 28C(1) of this Act. (2) However, while an Australian temporary stop notice is in force in relation to particular activities authorised by a New Zealand AOC with ANZA privileges, the AOC is not in force for Australia in relation to those activities.
The main object of this A
This is an opening excerpt, not the complete document.