CIVIL AVIATION ACT 1988 No. 63, 1988
- TABLE OF PROVISIONS
TABLE OF PROVISIONS PART I-PRELIMINARY Section 1. Short title
2. Commencement
3. Interpretation
4. Application to state aircraft
5. Act to bind Crown
6. Extension to external Territories
7. Extra-territorial application
PART II-ESTABLISHMENT, FUNCTIONS AND POWERS OF AUTHORITY
8. Establishment of Authority
9. Functions of Authority
10. Standards
11. Functions to be performed in accordance with international agreements
12. Directions
13. Powers of Authority
14. Limitations on formation of companies etc.
15. Limitations on formation of partnerships
16. Consultation
PART III-REGULATION OF CIVIL AVIATION
17. Aeronautical Information Service
18. Aeronautical Information Publications and Notices to Airmen
19. Civil Air Ensign
20. Defence aerodromes
21. Interference with navigational aids
22. Interception etc. of aircraft
23. Dangerous goods
24. Interference with crew or aircraft
25. Non-scheduled flights by foreign aircraft
26. Aircraft on international flights to have permission
27. Air Operators' Certificates
28. Exercise of discretion by Authority
29. Offences in relation to aircraft
30. Weather etc. to be a defence
31. Review of decisions
32. Powers and functions under State and Territory laws
PART IV- CONSTITUTION OF AUTHORITY
33. Constitution of Authority
34. Period of appointment of members
35. Remuneration and allowances of members
36. Outside employment
37. Leave of absence
38. Acting appointments
39. Meetings
40. Disclosure of interests
41. Resignation
42. Termination of appointment
PART V-OPERATION OF AUTHORITY
43. Corporate plan
44. Corporate plan etc. to Minister
45. Financial targets and performance indicators
46. Estimates
47. Minister may direct variation of financial plan
48. Reimbursement of cost of complying with directions
PART VI-FINANCE
Division 1-General
49. Statutory transfers of land etc. to Authority
50. Transfers of certain Commonwealth assets to Authority
51. Effects of transfers from Commonwealth to Authority
52. Money paid in advance to Commonwealth
53. Rights in respect of services and facilities formerly provided by Department 54. Capital of Authority
55. Exemption from tax
56. Payments of dividends to Commonwealth
57. Borrowing from Commonwealth
58. Borrowings otherwise than from Commonwealth
59. Guarantee of borrowings by Authority
60. Authority may give security
61. Borrowings not otherwise permitted
62. Guarantee of borrowings by subsidiary of Authority
63. Delegation by Treasurer
64. Application of Division 2 of Part XI of the Audit Act
65. Audit of subsidiaries
Division 2-Charges and Statutory Liens
66. Charges for services and facilities
67. Limits on charges
68. Register of statutory liens
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69. Imposition of statutory lien
70. Effect of lien
71. De-registration of Australian aircraft
72. Seizure of aircraft
73. Sale of aircraft
74. Application of money
75. Cessation of lien
76. Certificates of amounts unpaid
77. Notice relating to lien
78. Dismantling etc. aircraft under lien
79. Manner of seizure of aircraft
80. Protection against actions
81. Insurance of aircraft
82. Review of decisions
83. Statements to accompany notices
PART VII-CHIEF EXECUTIVE OFFICER, STAFF AND CONSULTANTS
84. Chief Executive Officer
85. Chief Executive Officer not to engage in other work
86. Remuneration and allowances of Chief Executive Officer
87. Leave of absence
88. Resignation
89. Termination of appointment
90. Acting Chief Executive Officer
91. Staff of Authority
92. Consultants
PART VIII-MISCELLANEOUS
93. Delegation by Minister
94. Delegation by Authority
95. Substitution of Authority for Commonwealth in contracts etc.
96. Publication of directions
97. Lands Acquisition Act
98. Regulations
PART IX-CONSEQUENTIAL AMENDMENTS OF OTHER ACTS
99. Consequential amendments of other Acts
PART X-TRANSITIONAL PROVISIONS
100. Actions etc. under provisions amended or repealed
101. Statutory liens
102. Review of decisions
103. Delegations
SCHEDULE
CONSEQUENTIAL AMENDMENTS OF OTHER ACTS CIVIL AVIATION ACT 1988 No. 63 of 1988 - LONG TITLE
An Act to establish a Civil Aviation Authority with functions relating to the safety of civil aviation, and for related purposes (Assented to 15 June 1988) CIVIL AVIATION ACT 1988 No. 63 of 1988 - PART I PART I-PRELIMINARY
CIVIL AVIATION ACT 1988 No. 63 of 1988 - SECT 1 Short title
1. This Act may be cited as the Civil Aviation Act 1988. (Minister's second reading speech made in- House of Representatives on 14 April 1988 Senate on 27 April 1988) CIVIL AVIATION ACT 1988 No. 63 of 1988 - SECT 2 Commencement
2. (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. CIVIL AVIATION ACT 1988 No. 63 of 1988 - SECT 3 Interpretation
3. (1) In this Act, unless the contrary intention appears: "aerodrome" means an area of land or water (including any buildings, installations and equipment): (a) established as an aerodrome under the Air Navigation Regulations; or (b) the use of which as an aerodrome is authorised under the regulations made under this Act; being such an area intended for use wholly or partly for the arrival, departure or movement of aircraft; "aircraft": (a) except in Division 2 of Part VI-means any machine or craft that can derive support in the atmosphere from the reactions of the air; and (b) in Division 2 of Part VI-means: (i) any machine or craft that can derive support in the atmosphere from the reactions of the air; and (ii) an object that was designed or adapted for use as an aircraft
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but is incapable of being so used because: (A) a part has, or parts have, been removed from it; or (B) it is in a wrecked or damaged condition; being a machine, craft or object of a kind prescribed for the purposes of that Division; "Air Operators' Certificate" means a certificate issued under section 27; "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; "assets" means property of any description, other than rights referred to in sections 51, and 53; "Australian aircraft" means aircraft registered in Australia; "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 the Authority in writing to act under the provision in which the expression occurs; "Authority" means the Civil Aviation Authority established by this Act; "authority of the Commonwealth" includes: (a) the Defence Force; (b) the Australian Customs Service; (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 security" means a combination of measures and human and material resources intended to safeguard civil aviation against acts of unlawful interference; "certificate" includes an Air Operator's Certificate; "Chairperson" means the Chairperson of the Authority; "charge": (a) means a charge as defined by section 66; and (b) in sections 69 to 81 (inclusive) also means a charge under the Air Navigation (Charges) Act 1952; "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; "Contracting State" means a foreign country that is a party to the Chicago Convention; "Deputy Chairperson" means the Deputy Chairperson of the Authority; "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; "licence", except in paragraph 26 (2) (b), includes a rating or other endorsement on a licence; "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;
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(b) for loading cargo on to aircraft or unloading cargo from aircraft; or (c) for refuelling, parking or carrying out maintenance on aircraft; "member" means a member of the Authority and includes the Chairperson and the Deputy Chairperson; "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; "officer" means a member of the staff of the Authority; "operate", in relation to an aerodrome, includes manage, maintain and improve the aerodrome; "outstanding amount", in relation to an aircraft in respect of which a statutory lien is in effect, in relation to a particular time, means: (a) the amount of any charge payable in respect of the aircraft that, at that time, has been unpaid for the whole of the payment period and is unpaid at that time; (b) the amount of any penalty that is unpaid at that time; and (c) the amount of any debt payable under section 81 in respect of the aircraft that is unpaid at that time; to the extent that any such amount has not been remitted, waived or written off; "payable" means due and payable; "payment period": (a) in relation to a charge payable under the Air Navigation (Charges) Act 1952-means 28 days after the day on which the charge became payable; or (b) in relation to a charge payable under section 66-means the period determined under that section; "penalty", in Division 2 of Part VI: (a) means a penalty payable under section 66; and (b) in sections 69 to 81 (inclusive) also means a penalty under the Air Navigation (Charges) Act 1952; "provide" includes maintain, operate and use; "Register" means the Register maintained under section 68; "Registrar" means the person by whom the Register is maintained; "regulatory functions" means functions under paragraph 9 (1) (a); "securities" includes stocks, debentures, debenture stocks, notes, bonds, promissory notes, bills of exchange and similar instruments or documents; "share" means share in the share capital of a corporation, and includes stock; "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), other than any aircraft that by virtue of registration under the regulations is an Australian aircraft; and (b) aircraft used in the military, customs or police services of a foreign country; "statutory lien" means a lien vested in the Authority under section 69; "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. (2) A reference in this Act to services and facilities provided by the Authority is a reference to services and facilities provided as described in subsection 13 (4).
(3) The question whether a company is a subsidiary of the Authority shall be determined in the same way as the question whether a corporation is a subsidiary of another corporation is determined for the purposes of the Companies Act 1981.
(4) A reference in this Act to dealing with securities includes a reference to: (a) creating, executing, entering into, drawing, making, accepting, endorsing, issuing, discounting, selling, purchasing or re-selling securities; (b) creating, selling, purchasing or re-selling rights or options in respect of securities; and (c) entering into agreements or other arrangements relating to securities. (5) Where a statutory lien is vested in the Authority under this Act, the lien shall not be taken by implication to have any effect otherwise than as provided by this Act. CIVIL AVIATION ACT 1988 No. 63 of 1988 - SECT 4 Application to state aircraft
4. Except where the expression "state aircraft" is used, references in Part III or section 98 to aircraft or air navigation do not include references to state aircraft or air navigation by state aircraft. CIVIL AVIATION ACT 1988 No. 63 of 1988 - SECT 5 Act to bind Crown
5. (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Northern Territory and of Norfolk Island.
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(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. CIVIL AVIATION ACT 1988 No. 63 of 1988 - SECT 6 Extension to external Territories
6. This Act extends to all the external Territories. CIVIL AVIATION ACT 1988 No. 63 of 1988 - SECT 7 Extra-territorial application
7. This Act extends to matters relating to: (a) foreign aircraft flying into or out of Australian territory or operating in Australian territory; and (b) Australian aircraft operating outside Australian territory. CIVIL AVIATION ACT 1988 No. 63 of 1988 - PART II PART II-ESTABLISHMENT, FUNCTIONS AND POWERS OF AUTHORITY
CIVIL AVIATION ACT 1988 No. 63 of 1988 - SECT 8 Establishment of Authority
8. (1) There is established by this Act an Authority by the name of the Civil Aviation Authority. (2) The Authority: (a) is a body corporate with perpetual succession; (b) shall have a seal; and (c) may sue and be sued in its corporate name. (3) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of the Authority appearing on a document and shall presume that the document was duly sealed. CIVIL AVIATION ACT 1988 No. 63 of 1988 - SECT 9 Functions of Authority
9. (1) The functions of the Authority are: (a) as provided by this Act and the regulations, to conduct safety regulation of: (i) civil air operations in Australian territory; and (ii) Australian aircraft operating outside Australian territory; (b) to provide air route and airway facilities; (c) to provide air traffic control services, and flight service services, for, in either case, surface traffic of aircraft and vehicles on the manoeuvring area of aerodromes; (d) to provide a rescue and fire fighting service; (e) to provide a search and rescue service; (f) to provide an aeronautical information service; (g) to provide consultancy and management services relating to any of the matters referred to in this subsection; (h) to provide services to the Bureau of Air Safety Investigation in relation to the investigation of aircraft accidents and incidents; (j) any functions conferred on the Authority under the Air Navigation Act 1920; (k) any other prescribed functions, being functions relating to any of the matters referred to in this subsection; and (m) any functions incidental to any of the foregoing functions. (2) The functions do not include responsibility for aviation security, but this subsection does not prevent the Authority from participating in arrangements to prevent or deal with hijacking or other acts of unlawful interference with civil aviation.
(3) The Authority may provide its services and facilities both within and outside Australian territory.
(4) Subject to section 12, the functions to provide services and facilities may be performed at the discretion of the Authority. CIVIL AVIATION ACT 1988 No. 63 of 1988 - SECT 10 Standards
10. Without limiting the generality of the functions of the Authority under paragraph 9 (1) (a), those functions include developing, ensuring compliance with, and implementing (including implementing by means of certificates, licences, registrations and permits) standards relating to: (a) the flight crews engaged in operations of aircraft; (b) the design, construction, maintenance, operation and use of aircraft and related equipment; (c) the personnel engaged in the maintenance of aircraft and related equipment; (d) the planning, construction, establishment, operation and use of aerodromes; (e) the personnel engaged in anything referred to in paragraph (d); (f) the planning, establishment, maintenance, operation and use of air route and airway facilities, rescue and fire fighting services and search and rescue services, and any construction associated with those facilities and services; and (g) the personnel engaged in anything referred to in paragraph (f). CIVIL AVIATION ACT 1988 No. 63 of 1988 - SECT 11 Functions to be performed in accordance with international agreements
11. The Authority shall perform its functions in a manner consistent with the obligations of Australia under the Chicago Convention and any other
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agreement between Australia and any other country or countries relating to the safety of air navigation. CIVIL AVIATION ACT 1988 No. 63 of 1988 - SECT 12 Directions
12. (1) The Minister may give the Authority written directions as to the performance of its functions. (2) Directions as to the performance of the regulatory functions shall be only of a general nature.
(3) Particulars of any directions given in a financial year shall be included in the annual report of the Authority for that year. CIVIL AVIATION ACT 1988 No. 63 of 1988 - SECT 13 Powers of Authority
13. (1) In addition to any other powers conferred on it by this Act, the Authority 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; (b) to acquire, hold and dispose of real and personal property; (c) to join in the formation of companies; (d) to enter partnerships; (e) to let on hire plant, machinery, equipment or goods of the Authority not immediately required by the Authority; and (f) to do anything incidental to any of the powers specified in this subsection or otherwise conferred on the Authority. (3) The Authority shall not, except with the approval of the Minister, enter into a contract involving the payment by the Authority of an amount exceeding $6,000,000 or such higher amount as is prescribed.
(4) Where the Authority may provide a facility or service, the Authority 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) The Authority may appoint a body or bodies to advise the Authority in relation to the performance of its functions. CIVIL AVIATION ACT 1988 No. 63 of 1988 - SECT 14 Limitations on formation of companies etc.
14. (1) The Authority shall not, without the written approval of the Minister: (a) subscribe for, or purchase, shares in, or debentures or other securities of, a company; or (b) join in the formation of a company that would, upon its formation, be a subsidiary of the Authority. (2) An approval under subsection (1): (a) may be of general or special application; and (b) may be given subject to conditions or restrictions set out in the instrument of approval. (3) Subject to subsection (4), where the Authority subscribes for or purchases shares in, or debentures or other securities of, a company, the Minister shall: (a) cause to be prepared a statement setting out particulars of the subscription or purchase and the reasons for it; and (b) cause a copy of the statement to be laid before each House of the Parliament within 15 sitting days of that House after: (i) subject to subparagraph (ii)-the subscription or purchase took place; or (ii) if the Minister is of the opinion that the disclosure of the subscription or purchase would adversely affect the commercial interests of the Authority-the Minister ceases to be of that opinion. (4) Where the Authority holds a controlling interest in a company, the Authority shall ensure that the company does not do anything that the Authority cannot do.
(5) Without limiting the generality of subsection (4), the Authority shall ensure that a company in which it holds a controlling interest does not: (a) borrow money otherwise than from the Commonwealth; or (b) raise money otherwise than by borrowing; except on terms and conditions that are specified in, or consistent with, the approval of the Treasurer of the borrowing or raising of money by the Authority. CIVIL AVIATION ACT 1988 No. 63 of 1988 - SECT 15 Limitations on formation of partnerships
15. (1) The Authority shall not enter into a partnership without the written approval of the Minister. (2) An approval: (a) may be of general or special application; and (b) may be given subject to conditions or restrictions. (3) Subject to subsection (4), where the Authority enters into a partnership, the Minister shall: (a) cause to be prepared a statement setting out particulars of the partnership and the reasons for it; and
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(b) cause a copy of the statement to be laid before each House of the Parliament within 15 sitting days of that House after: (i) subject to subparagraph (ii)-the partnership was entered into; or (ii) if the Minister is of the opinion that the disclosure of the partnership would adversely affect the commercial interests of the Authority-the Minister ceases to be of that opinion. (4) Where the Authority is able to control the acts and things done by a partnership of which it is a member, the Authority shall ensure that the partnership does not do anything that the Authority cannot do. CIVIL AVIATION ACT 1988 No. 63 of 1988 - SECT 16 Consultation
16. In the performance of its functions and the exercise of its powers, the Authority shall, where appropriate, consult with government, commercial, industrial, consumer and other relevant bodies and organisations. CIVIL AVIATION ACT 1988 No. 63 of 1988 - PART III PART III-REGULATION OF CIVIL AVIATION
CIVIL AVIATION ACT 1988 No. 63 of 1988 - SECT 17 Aeronautical Information Service
17. The Authority shall provide a service to be known as the Aeronautical Information Service, which shall comprise the collection and dissemination of aeronautical information and instructions relating to the safety, regularity and efficiency of air navigation, being information and instructions with respect to: (a) aerodromes; (b) air traffic control services and facilities; (c) communication and air navigation services and facilities; (d) meteorological services and facilities; (e) search and rescue services and facilities; (f) procedures and regulatory requirements connected with air navigation; and (g) hazards to air navigation. CIVIL AVIATION ACT 1988 No. 63 of 1988 - SECT 18 Aeronautical Information Publications and Notices to Airmen
18. (1) In providing the Aeronautical Information Service the Authority shall publish publications to be known as Aeronautical Information Publications and notices to be known as Notices to Airmen. (2) The Aeronautical Information Publications shall include: (a) the aeronautical information and instructions that, by this Act or the regulations, are required to be so published; (b) such other aeronautical information and instructions as are of a lasting character essential to air navigation; (c) the procedure to be followed and the particulars to be supplied by applicants for a permission referred to in this Part or subsection 14 (2), or section 17, of the Air Navigation Act 1920; and (d) any matter relating to the facilitation of air traffic. (3) The Notices to Airmen shall include: (a) the aeronautical information and instructions that, by this Act or the regulations, are required to be so published; and (b) such other aeronautical information and instructions as: (i) are of a temporary character; or (ii) cannot be made available quickly enough by publication in Aeronautical Information Publications. (4) The Authority shall forward copies of Aeronautical Information Publications and Notices to Airmen to the International Civil Aviation Organization. CIVIL AVIATION ACT 1988 No. 63 of 1988 - SECT 19 Civil Air Ensign
19. (1) The design and colours of the Civil Air Ensign of Australia are as specified by notification in the Gazette on 4 March 1948, until another ensign is appointed in its place under section 5 of the Flags Act 1953.
(2) The Civil Air Ensign of Australia may be flown or otherwise displayed: (a) by the Authority; (b) on an Australian aircraft engaged in international air navigation; or (c) with the permission of the Authority and in accordance with any conditions specified in the permission. (3) Except as provided in subsection (2), a person shall not fly or otherwise display the Civil Air Ensign. Penalty: $500. CIVIL AVIATION ACT 1988 No. 63 of 1988 - SECT 20 Defence aerodromes
20. The Authority may arrange with the appropriate Ministers for aircraft to use an aerodrome controlled by a part of the Defence Force and, subject to the arrangement, the Authority may authorise the aircraft to use the aerodrome in accordance with conditions specified by the Authority. CIVIL AVIATION ACT 1988 No. 63 of 1988 - SECT 21 Interference with navigational aids
21. (1) In this section: "installation" includes any electrical or other equipment or any metallic structure; "proprietor", in relation to an installation, means the owner or user of the installation or the owner or occupier of the premises or place where the
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installation is installed, kept or operated. (2) The following provisions apply if the Authority believes on reasonable grounds that an installation is or may be, either actively or passively, causing interference with radiocommunications to or from aircraft, or with navigational aids, in circumstances that are likely to endanger the safety of aircraft engaged in interstate or international air navigation or air navigation within, to or from a Territory.
(3) The Authority may serve a notice on the proprietor directing the proprietor to permit the installation to be inspected and tested by an officer.
(4) Upon the service of the notice, an officer may enter the premises or place where the installation is installed, kept or operated and inspect or test the installation.
(5) An officer exercising powers under subsection (4) shall produce identification in writing if requested to do so.
(6) If as a result of such an inspection or otherwise, the Authority considers it necessary to do so for the safety of aircraft referred to in subsection (2), the Authority may serve a notice on the proprietor directing the proprietor to make such modifications to the installation, or to take such other action, as is necessary to eliminate the cause of the interference, within a reasonable time specified in the notice.
(7) If the installation has been installed and is used and operated in accordance with all applicable laws, the proprietor may recover from the Authority the amount of all reasonable expenses incurred, and of loss actually suffered, in complying with a direction under subsection (6).
(8) A person shall not, without reasonable excuse, fail to comply with a direction contained in a notice under this section. Penalty: $2,000 or imprisonment for 12 months, or both. (9) If the proprietor fails to comply with a direction under subsection (6), the Authority may authorise an officer, with such reasonable assistance as the officer requires, to enter the premises or place in which the installation is installed, kept or operated, with such force as is necessary and reasonable, and to take the action that was so directed.
(10) A notice under this section may be served personally or may be served by post at the last-known place of residence or business of the proprietor or at the address at which the installation is installed, kept or operated. CIVIL AVIATION ACT 1988 No. 63 of 1988 - SECT 22 Interception etc. of aircraft
22. (1) This section applies to: (a) an Australian aircraft; or (b) any other aircraft (including an aircraft that is not registered anywhere) that is, at the relevant time, being operated by an Australian operator. (2) The pilot in command of an aircraft that is in flight over the territory of a foreign country shall not operate the aircraft for a purpose that is prejudicial to the security or public order of, or to the safety of air navigation in relation to, the foreign country. Penalty: $5,000 or imprisonment for 2 years, or both. (3) Where: (a) an aircraft flies over the territory of a foreign country; and (b) either: (i) the flight is required to be authorised by the foreign country and is not so authorised; or (ii) there are reasonable grounds for believing that the aircraft is being operated for a purpose that is prejudicial to the security or public order of, or to the safety of air navigation in relation to, the foreign country; the pilot in command of the aircraft shall comply with any direction given by an authorised official of the foreign country: (c) requiring that the aircraft land at a specified aerodrome in the territory of the foreign country; or (d) for the purpose of preserving the security or public order of, or the safety of air navigation in relation to, the foreign country. Penalty: $5,000 or imprisonment for 2 years, or both. (4) In a prosecution of a person for an offence against subsection (3) it is a defence if it is established that the person believed on reasonable grounds that compliance with the direction would be more likely to endanger the safety of the aircraft or of persons on board the aircraft than would a failure to comply with the direction.
(5) Subsections (2) and (3) do not affect any other obligation imposed by law, including the law of a foreign country, to comply with a direction given by an authorised official of a foreign country.
(6) Where a person has been convicted of an offence in respect of an act or omission under the law of the foreign country, the person is not liable to be convicted of an offence arising under subsection (2) or (3) in respect of the act or omission.
(7) In this section: "Australian operator" means an operator whose principal place of business, or whose place of permanent residence, is in Australian territory; "authorised official", in relation to a foreign country, means: (a) a member of the military, police, customs or air-traffic control
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services of the foreign country; or (b) a person authorised by the foreign country to give directions to aircraft flying over the territory of the foreign country; "operator" has the same meaning as in the regulations; "territory", in relation to a foreign country, means the land and the adjacent territorial sea under the sovereignty, suzerainty, protection or mandate of the foreign country. CIVIL AVIATION ACT 1988 No. 63 of 1988 - SECT 23 Dangerous goods
23. (1) An aircraft shall not carry dangerous goods, except with the permission in writing of the Authority and in accordance with the conditions specified in the permission. (2) A person shall not carry or consign for carriage any dangerous goods on board an aircraft, except with the permission in writing of the Authority and in accordance with the conditions specified in the permission. Penalty: $5,000 or imprisonment for 2 years, or both. (3) In this section: "dangerous goods" means: (a) explosive substances; and (b) things: (i) which by reason of their nature are liable to endanger the safety of an aircraft or persons on board an aircraft; or (ii) which the Authority declares, in the manner prescribed, to be things which, in its opinion, are likely to endanger the safety of an aircraft or persons on board an aircraft. (4) Nothing in this section prevents the carriage and use on aircraft of signalling apparatus and other apparatus necessary for the operation or navigation of the aircraft or the safety of the crew or passengers. CIVIL AVIATION ACT 1988 No. 63 of 1988 - SECT 24 Interference with crew or aircraft
24. (1) A person shall not, while in an aircraft: (a) interfere with a crew member; or (b) do any act that threatens the safety of the aircraft or of persons on board the aircraft. (2) A person shall not tamper with an aircraft or an aircraft component or item of equipment. Penalty: $5,000 or imprisonment for 2 years, or both. CIVIL AVIATION ACT 1988 No. 63 of 1988 - SECT 25 Non-scheduled flights by foreign aircraft
25. (1) Notwithstanding anything in section 14 of the Air Navigation Act 1920, if the Authority considers that an 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, the Authority may direct: (a) that the aircraft follow an established air route; or (b) that the flight be conducted in accordance with conditions specified by the Authority. (2) Where an 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 the Authority and in accordance with any conditions specified in the permission.
(3) A foreign 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 the Authority and in accordance with any conditions specified in the permission. CIVIL AVIATION ACT 1988 No. 63 of 1988 - SECT 26 Aircraft on international flights to have permission
26. (1) An aircraft shall not, except with the permission of the Authority and in accordance with any conditions specified in the permission: (a) arrive in Australian territory from a place outside Australian territory; or (b) depart from Australian territory for a place outside Australian territory. (2) Subsection (1) does not apply to anything done: (a) as provided by subsection 14 (1) of the Air Navigation Act 1920; (b) in accordance with an international airline licence issued under regulations made under that Act; (c) in accordance with a permission given under subsection 25 (3) and any conditions specified in the permission; or (d) as authorised by an Air Operator's Certificate. CIVIL AVIATION ACT 1988 No. 63 of 1988 - SECT 27