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Commonwealth act
This is Australia's foundational aviation safety law. It creates the Civil Aviation Safety Authority (CASA) — the government body that makes sure flying in Australia is as safe as possible. Think of CASA as the aviation equivalent of a building inspector, but for planes, pilots, airports, and everything else that makes air travel work.
If you fly as a passenger: This law exists to protect you. CASA sets the rules that airlines, pilots, and aircraft mechanics must follow. It's why planes are regularly inspected and why pilots must hold valid licences.
If you're a pilot or work in aviation: CASA licences you, certifies your aircraft, and can inspect your operations at any time. Flying without a valid licence or in an unregistered aircraft can land you in jail for up to 2 years.
If you run an airline or air charter business: You must hold an Air Operator's Certificate (AOC) — essentially a government permit to run a commercial flight operation. CASA can suspend or cancel it if you breach safety rules.
If you work in aircraft maintenance: You must be properly qualified and authorised. Carrying out maintenance you're not permitted to do carries a 2-year jail term.
If you transport cargo by air: There are strict rules about dangerous goods (explosives, hazardous chemicals, etc.). Knowingly carrying undeclared dangerous goods on a plane carries up to .
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Direct links to the current provisions in Civil Aviation Act 1988.
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View on official registerSourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
If you're a New Zealand airline: Under a special arrangement (called the ANZA mutual recognition agreement), New Zealand operators with the right credentials can fly into and within Australia without needing a separate Australian permit, and vice versa.
CASA's safety priority: Safety of air navigation must always be the most important consideration — above cost, convenience, or commercial interests.
Aircraft must be registered and airworthy: You can't fly an unregistered plane or one without a valid airworthiness certificate (a document confirming it's safe to fly).
Pilots and crew need licences: Anyone performing essential duties during a flight must hold the appropriate civil aviation authorisation.
Dangerous goods rules: Strict controls on what can be carried on planes, with heavy criminal penalties for breaches.
CASA's inspection powers: CASA officers can enter aviation premises, search them, take samples, and copy records — without needing to go to court first.
International rules apply: Australia follows the Chicago Convention (the key international aviation treaty), and CASA must act consistently with it.
Minister oversight: The Minister can give CASA general directions, but cannot interfere in specific licensing decisions about individual operators.
83 bis agreements: Australia can enter agreements with other countries to swap oversight responsibilities for specific aircraft — for example, an Australian-registered plane leased to a foreign airline might be regulated by that country instead of Australia under such an arrangement.
| Offence | Maximum Penalty | |---|---| | Carrying dangerous goods knowingly | 7 years jail | | Flying unregistered aircraft | 2 years jail | | Flying without airworthiness certificate | 2 years jail | | Flying unsafely | 2 years jail | | Flying without a licence | 2 years jail | | Unlicensed maintenance | 2 years jail | | Interfering with aircraft or crew | 2 years jail | | Ignoring foreign air control directions | 2 years jail | | Interfering with navigation equipment | 12 months jail | | Unauthorised display of Civil Air Ensign | Fine only |
This law is the legal backbone of Australian aviation safety. It touches everyone who flies, works in aviation, or sends cargo by air. CASA has broad powers to inspect, licence, certify, and enforce — all in the name of keeping the skies safe.