Civil Aviation Act 1988
No. 63, 1988 as amended
Compilation start date: 1 July 2014 Includes amendments up to: Act No. 62, 2014
Prepared by the Office of Parliamentary Counsel, Canberra
About this compilation
This compilation
This is a compilation of the Civil Aviation Act 1988 as in force on 1 July 2014. It includes any commenced amendment affecting the legislation to that date.
This compilation was prepared on 1 September 2014.
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.
Uncommenced amendments
The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.
Provisions ceasing to have effect
If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.
Contents
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 Mainobject ofthisAct
4 Application to state aircraft
4A Applicationtoaircraft subject to83 bis agreements
5 Act to bind Crown
6 Extension to external Territories
7 Extra-territorial application
7A Application of the Criminal Code
Part II—Establishment, functions etc. of CASA 14 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
Part III—Regulation of civil aviation
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 Defenceaerodromes
20A Reckless operationofaircraft
21 Interference with aeronautical facilities
22 Interception etc. of aircraft
23 Dangerous goods
23A Statements ofthecontents ofcargo
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 34 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)
Subdivision A—General
27 AOCs
Subdivision B—Application for AOC
27AA Application in approved form
27AB Lodgment of manuals
27AC CASAmayrequire informationetc. andinspections 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
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 51
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 Dutytoexercisecareanddiligence
28BF Organisation, personnel etc.
28BG Operations headquarters and suitable buildings
28BH Referencelibrary
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