CIVIL AVIATION ACT 1988
Table of Provisions
PART I--PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Interpretation
- 3AA When a New Zealand AOC with ANZA privileges is
- 3A Main object of this Act
- 4 Application to state aircraft
- 4A Application to aircraft subject to 83 bis agreements
- 5 Act to bind Crown
- 6 Extension to external Territories
- 7 Extra-territorial application
- 7A Application of the
PART II--ESTABLISHMENT--, FUNCTIONS ETC. OF CASA
- 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 givethe Boardnotices 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 Defence aerodromes
- 20A Reckless operation of aircraft
- 21 Interference with aeronautical facilities
- 22 Interception etc. of aircraft
- 23 Dangerous goods
- 23A Statements of the contents of cargo
- 23B Training relating to dangerous goods
- 24 Interference with crew or aircraft
- 25 Non-scheduled flights byforeign registered aircraft
- 26 Aircraft on international flights to have permission DIVISION 1A--General provisions about mutual recognition under the ANZA mutual recognition agreements
- 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)
- 27 AOCs
- 27AA Application in approved form
- 27AB Lodgment of manuals
- 27AC CASA may require information etc. and inspections 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
- 27A Permission for operation of foreign registered aircraft without AOC
- 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
- 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 Duty to exercise care and diligence
- 28BF Organisation, personnel etc.
- 28BG Operations headquarters and suitable buildings
- 28BH Reference library
- 28BI Personal injury liability insurance
- 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
- 30A Court may impose exclusion period if offence committed
- 30B Variation and termination of exclusion order
- 30C Court to give CASA details of exclusion orders DIVISION 3A--Serious and imminent risks to air safety
- 30DA Engage in conduct
- 30DB Serious and imminent risk prohibition
- 30DC Suspension
- 30DD CASA may suspend despite other processes
- 30DE Application for and making of order
- 30DF Court may vary period of order
- 30DG CASA must investigate circumstances giving rise to suspension decision
- 30DH CASA may give a show cause notice within 5 days after end of order
- 30DI CASA may vary, suspend or cancel an authorisation within 5 days after end of show cause period
- 30DJ When a suspension under section 30DC ends DIVISION 3B--Enforceable voluntary undertakings
- 30DK Enforceable voluntary undertakings DIVISION 3C--Protection from administrative action for voluntary reporting
- 30DL Definitions
- 30DM Prescribed person
- 30DN Voluntary reporting scheme
- 30DO Protection for reporting a reportable contravention
- 30DP Proof of report
- 30DQ Only protected once every 5 years
- 30DR Use of information DIVISION 3D--Demerit points scheme
- 30DS Definitions
- 30DT Regulations may prescribe offences that the demerit points scheme applies to
- 30DU Classes of civil aviation authorisations
- 30DV Other regulations
- 30DW When demerit points are incurred
- 30DX Demerit points are incurred in relation to a class of authorisations
- 30DY First-time demerit suspension notice
- 30DZ Second-time demerit suspension notice
- 30EA Details in a demerit suspension notice
- 30EB Suspension period not to be served concurrently
- 30EC Demerit cancellation notice
- 30ED Details in a demerit cancellation notice
- 30EE Expiry of demerit points
- 30EF CASA may reinstate if satisfied that holder's livelihood depends on authorisation
- 30EG CASA must maintain a demerit points register
- 30EH CASA may maintain other records
- 30EI Demerit points incurred to be included in register
- 30EJ Expired points to be removed from register DIVISION 4--Miscellaneous
- 31 Review of decisions
- 31A Automatic stay of certain reviewable decisions
- 31B Stay ends if application is withdrawn
- 31C Tribunal's ordinary powers not affected
- 31D CASA may still suspend for a serious and imminent risk
- 32 Powers and functions under State and Territory laws
PART IIIA--INVESTIGATION--POWERS
DIVISION 1--Appointment of investigators and issue of identity cards- 32AA Appointment of investigators
- 32AB Identity cards DIVISION 2--Powers of investigators
- 32AC Search with consent to monitor compliance
- 32ACA Search with consent for evidence in relation to civil aviation offences
- 32ACB Consent to enter premises
- 32AD Monitoring warrants
- 32AF Offence related warrants
- 32AG Warrants may be granted by telephone
- 32AH Seizures related to civil aviation offences
- 32AHA Announcement before entry
- 32AHB Assistance and force in executing a warrant
- 32AHC Copy of warrant to be shown to occupier etc.
- 32AHD Occupier entitled to watch search
- 32AHE Specific powers available to investigator executing a warrant
- 32AHF Use of equipment to examine or process things
- 32AHG Use of electronic equipment at premises without expert assistance
- 32AHH Use of electronic equipment at premises with expert assistance
- 32AHI Person with knowledge of a computer or a computer system to assist access etc.
- 32AHJ Accessing data held on other premises--notification to occupier of those premises
- 32AHK Compensation for damage to electronic equipment
- 32AHL Copies of seized things to be provided
- 32AHM Receipts of things seized under warrant
- 32AHN Retention of seized things
- 32AHO Magistrate may permit a thing to be retained
- 32AJ Power to require persons to answer questions and produce documents
- 32AK Powers in relation to aircraft etc.
- 32AL Destruction or disposal of certain goods
- 32AM Compensation for acquisition of property DIVISION 3--Offences
- 32AMA Making false statements in warrants
- 32AMB Offence for stating incorrect names in telephone warrants
- 32AMC Offence for unauthorised form of warrant
- 32AMD Offence for executing etc. an unauthorised form of warrant
- 32AME Offence for giving unexecuted form of warrant DIVISION 4--Miscellaneous
- 32AMF Other laws about search and seizure not affected
- 32AMG Magistrates--personal capacity
PART IIIB--PROTECTION--OF CVR (COCKPIT VOICE RECORDING) INFORMATION
- 32AN Definitions
- 32AO Definition ofor
- 32AP Copying or disclosing CVR information
- 32AQ CVR information no ground for disciplinary action
- 32AR Admissibility of CVR information in criminal proceedings against crew members
- 32AS Admissibility of CVR information in civil proceedings
- 32AT Examination by a court of CVR information under subsection 32AS(3)
- 32AU Where a court makes an order under subsection 32AS(3)
PART IV--DRUG--AND ALCOHOL MANAGEMENT PLANS AND TESTING
DIVISION 1--Definitions- 33 Definitions DIVISION 2--Regulations
- 34 General regulation-making power
- 35 Drug and alcohol management plans
- 36 Drug or alcohol tests
- 37 Conferral of administrative powers
- 38 Conferral of power to make legislative instruments
- 39 General regulation-making power not limited
PART V--CORPORATE--PLAN
PART VI--FINANCE
- 46 CASA to be paid money appropriated by Parliament
- 46A Payment of amounts of levy to CASA
- 47 Application and investment of money
- 49 Extra matters to be included in annual report
- 50 Taxation
PART VII--BOARD--OF CASA
DIVISION 1--Establishment and functions- 51 Establishment
- 52 Membership
- 53 Functions DIVISION 2--Appointment etc. of Board members
- 54 Appointment
- 55 Term of appointment
- 56 Remuneration and allowances
- 57 Leave of absence
- 58 Outside employment
- 59 Resignation
- 60 Termination of appointment
- 61 Other terms and conditions
- 62 Acting Chair
- 63 Acting Board members DIVISION 3--Board procedures
- 64 Times and places of meetings
- 65 Presiding at meetings
- 66 Quorum
- 67 Voting at meetings etc.
- 68 Conduct of meetings
- 69 Minutes
- 70 Decisions without meetings
- 71 Record of decisions
PART VIIA--THE--DIRECTOR AND STAFF OF CASA
DIVISION 1--Appointing the Director- 72 Director
- 73 Duties
- 74 Appointment
- 75 Term of appointment
- 76 Remuneration and allowances
- 77 Leave of absence
- 78 Outside employment
- 79 Other terms and conditions
- 80 Resignation
- 81 Termination of appointment
- 82 Acting Director DIVISION 2--Staff of CASA
- 83 Staff of CASA
- 84 Consultants
PART VIII--MISCELLANEOUS
- 94 Delegation by the Director
- 95 Delegation by Board
- 95A Delegation by Secretary of the Department
- 95B Delegation by Minister
- 96 Tabling of directions, notices etc. of the Minister
- 97 Payment of prescribed fees
- 97AA Prescribed fees payable to CASA
- 97AB Charging of fees by external service providers
- 97A Conduct by directors, employees and agents
- 98 Regulations etc.