25Non‑scheduled flights by foreign registered aircraft

25 Non‑scheduled flights by foreign registered aircraft

Directions (1) Notwithstanding anything in section 14 of the Air Navigation Act 1920, if CASA considers that a foreign registered 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. Permissions (2) Where a foreign registered 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 to which the permission is subject. (3) A foreign registered 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 to which the permission is subject. (4) If a person applies to CASA for a permission under subsection (2) or (3), CASA must grant the permission if CASA is satisfied that the person has complied with, or is capable of complying with: (a) if the person does not have a commercial presence in Australia—the condition referred to in paragraph (5)(a) (if applicable); and (b) in any case—the safety rules. Permissions—conditions (5) A permission granted under subsection (2) or (3) is subject to: (a) the condition that section 41E of the Civil Aviation (Carriers’ Liability) Act 1959 (which deals with personal injury liability insurance) is complied with (if applicable); and (b) any conditions specified in the permission. (6) CASA must not do either of the following, except to ensure compliance with the safety rules: (a) specify a condition under paragraph (5)(b); (b) vary a condition specified under paragraph (5)(b). Permissions—suspension and cancellation (7) CASA must not suspend or cancel a permission granted under subsection (2) or (3), except: (a) if the condition referred to in paragraph (5)(a) is breached; or (b) to ensure compliance with the safety rules.