Civil Aviation Act 1988 (Cth)

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Civil Aviation Act 1988

No. 63, 1988

Compilation No. 64

Compilation date: 14 October 2024

Includes amendments: Act No. 39, 2024

About this compilation

This compilation

This is a compilation of the Civil Aviation Act 1988 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

An Act to establish a Civil Aviation Safety Authority with functions relating to civil aviation, in particular the safety of civil aviation, and for related purposes

Part IPreliminary 1Short title

This Act may be cited as the Civil Aviation Act 1988.

2Commencement
  1. (1)

    Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent.

  2. (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.

3Interpretation

In this Act, unless the contrary intention appears:

83 bis agreement means an agreement entered into under Article 83 bis of the Chicago Convention.

AA means Airservices Australia established by the Air Services Act 1995.

aerodrome means an area of land or water (including any buildings, installations and equipment), the use of which as an aerodrome is authorised under the regulations, being such an area intended for use wholly or partly for the arrival, departure or movement of aircraft.

aeronautical product means any part or material that is, or is intended by its manufacturer to be, a part of or used in an aircraft, unless excluded by the regulations.

aircraft means any machine or craft that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth’s surface.

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:

  1. (a)

    visual and non‑visual aids along the air routes and airways;

  2. (b)

    visual and non‑visual aids to approach and landing at aerodromes;

  3. (c)

    communications services;

  4. (d)

    meteorological observations;

  5. (e)

    air traffic control services and facilities; and

  6. (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.

ANZA is short for Australia New Zealand Aviation.

ANZA activities in Australian territory, in relation to a New Zealand AOC with ANZA privileges, means the operations in, or flights into or out of, Australian territory that are authorised by the AOC, to the extent that it is expressed to be issued under section 11G of the Civil Aviation Act 1990 of New Zealand.

ANZA activities in New Zealand, in relation to an Australian AOC with ANZA privileges, means the operations in, or flights into or out of, New Zealand that are authorised by the AOC, to the extent that it is expressed to be issued for the purposes of the ANZA mutual recognition agreements.

ANZA mutual recognition agreements means the agreement or arrangement, or agreements or arrangements, as amended and in force from time to time, identified in regulations made for the purposes of this definition.

AOC means an Air Operator’s Certificate issued under Division 2 of Part III.

Note: In some provisions AOC is used in the context of a New Zealand AOC with ANZA privileges (which is a document granted under the Civil Aviation Act 1990 of New Zealand).

Australian aircraft means:

  1. (a)

    aircraft registered in Australia; and

  2. (b)

    aircraft in Australian territory, other than foreign registered aircraft and state aircraft.

Note: Some references to Australian aircraft may be affected by the operation of section 4A.

Australian AOC with ANZA privileges means an AOC that is expressed, wholly or partly, to be issued for the purposes of the ANZA mutual recognition agreements (see subsections 27(2AA) to (2AC)).

Australian temporary stop notice has the meaning given by subsection 28D(1).

Australian territory means:

  1. (a)

    the territory of Australia and of every external Territory;

  2. (b)

    the territorial sea of Australia and of every external Territory; and

  3. (c)

    the air space over any such territory or sea.

authorised officer means an officer authorised by CASA in writing to act under the provision in which the expression occurs.

authority of the Commonwealth includes:

  1. (a)

    the Defence Force;

  2. (c)

    the Australian Federal Police;

  3. (d)

    a body, whether incorporated or not, established for public purposes by or under a law of the Commonwealth or of a Territory;

  4. (e)

    the holder of an office established for public purposes by or under a law of the Commonwealth or of a Territory; and

  5. (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 safety standards means standards relating to the following:

  1. (a)

    the flight crews engaged in operations of aircraft;

  2. (b)

    the design, construction, maintenance, operation and use of aircraft and related equipment;

  3. (c)

    the planning, construction, establishment, operation and use of aerodromes;

  4. (d)

    the establishment and use of airspace;

  5. (e)

    the planning, construction, establishment, maintenance, operation and use of:

    1. (i)

      services and facilities of the kind covered by paragraph 8(1)(a) of the Air Services Act 1995; and

    2. (iii)

      services of the kind referred to in paragraph 6(1)(b) of the Australian Maritime Safety Authority Act 1990 to the extent that those services use aircraft;

and any construction associated with those facilities or services;

  1. (f)

    the personnel engaged in:

    1. (i)

      the maintenance of aircraft and related equipment; or

    2. (ii)

      anything referred to in paragraph (c) or (e).

aviation security means a combination of measures and human and material resources intended to safeguard civil aviation against acts of unlawful interference.

Board means the Board of CASA.

Board member means a member of the Board appointed in accordance with section 54.

business day means a day that is not a Saturday, a Sunday or a public holiday in the Australian Capital Territory.

CAA New Zealand means the Civil Aviation Authority established by the Civil Aviation Act 1990 of New Zealand, or any successor to that Authority.

CASA means the Civil Aviation Safety Authority established by this Act.

certificate includes an AOC.

Chair means the Chair of the Board.

Chicago Convention means:

  1. (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;

  2. (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

  3. (c)

    the Annexes to that Convention relating to international standards and recommended practices, being Annexes adopted in accordance with that Convention.

civil aviation authorisation means an authorisation under this Act or the regulations to undertake a particular activity (whether the authorisation is called an AOC, permission, authority, licence, certificate, rating or endorsement or is known by some other name).

civil aviation legislation means:

  1. (a)

    this Act or the regulations; or

  2. (b)

    legislative instruments made under this Act or the regulations; or

  3. (c)

    Chapter 7 of the Criminal Code, insofar as that Chapter applies to conduct in relation to:

    1. (i)

      this Act or the regulations; or

    2. (ii)

      legislative instruments made under this Act or the regulations; or

    3. (iii)

      CASA; or

    4. (iv)

      an officer acting, or purporting to act, in the course of the officer’s official duties; or

    5. (v)

      an authorised person acting, or purporting to act, in accordance with powers conferred under the regulations; or

    6. (vi)

      a person to whom a power or function has been delegated under this Act, the regulations, or an instrument made under this Act or the regulations.

civil aviation offence means an offence against the civil aviation legislation.

Civil Aviation Orders means the orders made under subsection 98(4A) or referred to in subsection 98(5).

commercial presence means any type of business or professional establishment.

Example: A person can have a commercial presence through the creation or maintenance of a branch or representative office.

constitutional corporation means:

  1. (a)

    a corporation to which paragraph 51(xx) of the Constitution applies; or

  2. (b)

    a body corporate that is incorporated in a Territory.

Contracting State means a foreign country that is a party to the Chicago Convention.

Council means the Council of the International Civil Aviation Organization.

country where the aircraft is registered, in relation to an aircraft registered under a joint registration plan or an international registration plan, means any Contracting State that is a member of the international operating agency that established the plan.

data has the same meaning as in Part IAA of the Crimes Act 1914.

data held in a computer has the same meaning as in Part IAA of the Crimes Act 1914.

data storage device has the same meaning as in Part IAA of the Crimes Act 1914.

Deputy Chair means the Deputy Chair of the Board.

Director means the Director of Aviation Safety appointed under section 74.

Director of CAA New Zealand has the same meaning as Director has in the Civil Aviation Act 1990 of New Zealand.

evidential material means a thing that may be relevant to a civil aviation offence.

Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.

flight means:

  1. (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

  2. (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.

foreign registered aircraft means an aircraft registered:

  1. (a)

    in a foreign country; or

  2. (b)

    under a joint registration plan or an international registration plan.

ICAO means the International Civil Aviation Organization referred to in the Chicago Convention.

in force for Australia, in relation to a New Zealand AOC with ANZA privileges, has the meaning given by section 3AA.

inspection powers, in relation to prescribed premises, means the following powers:

  1. (a)

    power to search the premises;

  2. (b)

    power to inspect, examine, and take samples of, any substance or thing on or in the premises;

  3. (c)

    power to photograph, or make sketches of, the premises and any substance or thing on or in the premises;

  4. (d)

    power to take extracts from, or make copies of, any books, records or documents relating to an aircraft or required to be kept under this Act or the regulations.

international operating agency has the same meaning as in the regulations.

international registration plan has the same meaning as in the regulations.

investigator means an investigator appointed under section 32AA.

joint registration plan has the same meaning as in the regulations.

licence, except in paragraph 26(2)(b), includes a rating or other endorsement on a licence.

maintenance means any task required to ensure, or that could affect, the continuing airworthiness of an aircraft or aeronautical product, including any one or combination of overhaul, repair, inspection, replacement of an aeronautical product, modification or defect rectification.

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:

  1. (a)

    for the purpose of enabling passengers to board aircraft or disembark from aircraft;

  2. (b)

    for loading cargo on to aircraft or unloading cargo from aircraft; or

  3. (c)

    for refuelling, parking or carrying out maintenance on aircraft.

New Zealand has the same meaning as in the Interpretation Act 1999 of New Zealand.

New Zealand AOC with ANZA privileges has the same meaning as in section 2 of the Civil Aviation Act 1990 of New Zealand.

New Zealand temporary stop notice has the same meaning as in section 2 of the Civil Aviation Act 1990 of New Zealand.

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.

occupier, in relation to prescribed premises, being an aircraft, vessel or vehicle, means the person apparently in charge of the aircraft, vessel or vehicle.

officer means a member of the staff of CASA.

operate, in relation to an aerodrome, includes manage, maintain and improve the aerodrome.

premises means:

  1. (a)

    an area of land or any other place, whether or not it is enclosed or built on; or

  2. (b)

    a structure, building, aircraft, vessel or vehicle;

and includes a part of any such premises.

prescribed premises means premises connected with, or used for the purposes of, activities related to civil aviation, or where any records relating to such activities are kept.

provide includes maintain, operate and use.

regulated domestic flight means a flight:

  1. (a)

    that is undertaken wholly within Australia for a purpose prescribed by the regulations for the purposes of subsection 27(9); and

  2. (b)

    that is not undertaken as part of a flight into or out of Australian territory.

regulatory function means the function under subsection 9(1).

safety rules, in relation to a permission or AOC, means the provisions of this Act, the regulations and the Civil Aviation Orders that relate to safety (including rules about the competence of persons to do anything that would be covered by the permission or AOC).

show cause notice means a written notice to the holder of a civil aviation authorisation:

  1. (a)

    that, by this Act or the regulations, is required to set out the reasons why CASA is considering making a decision under the Act or regulations; and

  2. (b)

    that is required to state a period during which the holder may show cause why CASA should not make the decision.

state aircraft means:

  1. (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); and

  2. (b)

    aircraft used in the military, customs or police services of a foreign country.

time‑in‑service, in relation to an aircraft, has the same meaning as in the regulations.

unmanned aircraft levy means the levy imposed by the Civil Aviation (Unmanned Aircraft Levy) Act 2020.

vehicle includes:

  1. (a)

    a trailer, caravan or portion of an articulated vehicle; and

  2. (b)

    an object that was designed or adapted for use as a vehicle but is incapable of being so used because:

    1. (i)

      a part has, or parts have, been removed from it; or

    2. (ii)

      it is in a wrecked or damaged condition.

3AAWhen a New Zealand AOC with ANZA privileges is in force for Australia
  1. (1)

    For the purposes of this Act, a New Zealand AOC with ANZA privileges is in force for Australia if the AOC:

    1. (a)

      is current under the Civil Aviation Act 1990 of New Zealand; and

    2. (b)

      has come into force for Australia under subsection 28C(1) of this Act.

  2. (2)

    However, while an Australian temporary stop notice is in force in relation to particular activities authorised by a New Zealand AOC with ANZA privileges, the AOC is not in force for Australia in relation to those activities.

3AMain object of this Act

The main object of this Act is to establish a regulatory framework for maintaining, enhancing and promoting the safety of civil aviation, with particular emphasis on preventing aviation accidents and incidents.

4Application to state aircraft

Except where the expression state aircraft is used, references in Part III or IIIB or section 98 to aircraft or air navigation do not include references to state aircraft or air navigation by state aircraft.

4AApplication to aircraft subject to 83 bis agreements
  1. (1)

    In this section:

    function includes duties;

    this Act includes the regulations.

  2. (2)

    Despite anything in this Act, a provision in this Act (the applied provision) applies to an aircraft that is registered in a Contracting State as if the aircraft were an Australian aircraft if:

    1. (a)

      an 83 bis agreement to which Australia is a party and which is in force has the effect of transferring a function of the Contracting State as the State of registry in respect of the aircraft to Australia; and

    2. (b)

      the agreement states that the applied provision relates to that function.

  3. (3)

    Despite anything in this Act, a provision in this Act (the disapplied provision) does not apply to an Australian aircraft if:

    1. (a)

      an 83 bis agreement to which Australia is a party and which is in force has the effect of transferring a function of Australia as the State of registry in respect of the aircraft to a Contracting State; and

    2. (b)

      the agreement states that the disapplied provision relates to that function.

  4. (4)

    Despite anything in this Act, a reference in this Act (other than subsections (2) and (3) of this section) to or in relation to a Contracting State in which an aircraft is registered includes a reference to or in relation to another Contracting State to which any function of the State of registry in respect of that aircraft has been transferred under an 83 bis agreement that has effect in relation to Australia in accordance with Article 83 bis of the Chicago Convention.

  5. (5)

    If:

    1. (a)

      Australia has entered into an 83 bis agreement; or

    2. (b)

      an 83 bis agreement to which Australia is a party has been amended;

    CASA must, as soon as practicable, publish a Gazette notice setting out particulars of the agreement or amendment.

  6. (6)

    Without limiting subsection (5), the notice must set out:

    1. (a)

      the Contracting State that is the other party to the agreement; and

    2. (b)

      the date of commencement of the agreement or amendment; and

    3. (c)

      the aircraft to which the agreement or amendment relates; and

    4. (d)

      the functions of the State of registry in respect of the aircraft that are transferred under the agreement or amendment; and

    5. (e)

      the provisions of this Act that are stated in the agreement or amendment to be related to the functions.

  7. (7)

    If an 83 bis agreement has ceased to be in force, CASA must, as soon as practicable, publish a Gazette notice setting out particulars of that cessation.

  8. (8)

    A notice under subsection (5) or (7) is prima facie evidence of the matters stated in it.

5Act to bind Crown
  1. (1)

    This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.

  1. (2)

    Nothing in this Act renders the Crown liable to be prosecuted for an offence, but this subsection does not prevent the prosecution of:

    1. (a)

      a member of the crew of an aircraft owned by the Crown; or

    2. (b)

      any other person employed by the Crown.

6Extension to external Territories

This Act extends to all the external Territories.

7Extra‑territorial application

This Act extends to matters relating to:

  1. (a)

    foreign registered aircraft flying into or out of Australian territory or operating in Australian territory; and

  2. (aa)

    foreign registered aircraft specified in any 83 bis agreement that has the effect of transferring functions or duties; and

  3. (ab)

    the provision of services referred to in subsection 9(4); and

  4. (b)

    subject to any 83 bis agreement, Australian aircraft operating outside Australian territory; and

  5. (c)

    ANZA activities in New Zealand authorised by Australian AOCs with ANZA privileges.

7AApplication of the Criminal Code

Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences created by this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Part IIEstablishment, functions etc. of CASA 8Establishment of CASA
  1. (1)

    An authority called the Civil Aviation Safety Authority is established by this subsection.

  2. (2)

    CASA:

    1. (a)

      is a body corporate with perpetual succession;

    2. (b)

      shall have a seal; and

    3. (c)

      may sue and be sued in its corporate name.

    Note: The Public Governance, Performance and Accountability Act 2013 applies to the CASA. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.

  3. (3)

    All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of CASA appearing on a document and shall presume that the document was duly sealed.

9CASA’s functions
  1. (1)

    CASA has the function of conducting the safety regulation of the following, in accordance with this Act and the regulations:

    1. (a)

      civil air operations in Australian territory;

    2. (b)

      the operation of Australian aircraft outside Australian territory;

    3. (ba)

      ANZA activities in New Zealand authorised by Australian AOCs with ANZA privileges;

    by means that include the following:

    1. (c)

      developing and promulgating appropriate, clear and concise aviation safety standards;

    2. (d)

      developing effective enforcement strategies to secure compliance with aviation safety standards;

    3. (da)

      administering Part IV (about drug and alcohol management plans and testing);

    4. (e)

      issuing certificates, licences, registrations and permits;

    5. (f)

      conducting comprehensive aviation industry surveillance, including assessment of safety‑related decisions taken by industry management at all levels for their impact on aviation safety;

    6. (g)

      conducting regular reviews of the system of civil aviation safety in order to monitor the safety performance of the aviation industry, to identify safety‑related trends and risk factors and to promote the development and improvement of the system;

    7. (h)

      conducting regular and timely assessment of international safety developments.

  2. (2)

    CASA also has the following safety‑related functions:

    1. (a)

      encouraging a greater acceptance by the aviation industry of its obligation to maintain high standards of aviation safety, through:

      1. (i)

        comprehensive safety education and training programs; and

      2. (ii)

        accurate and timely aviation safety advice; and

      3. (iii)

        fostering an awareness in industry management, and within the community generally, of the importance of aviation safety and compliance with relevant legislation;

    2. (b)

      promoting full and effective consultation and communication with all interested parties on aviation safety issues.

  3. (3)

    CASA also has the following functions:

    1. (aa)

      implementing the ANZA mutual recognition agreements;

    2. (a)

      cooperating with the Australian Transport Safety Bureau in relation to investigations under the Transport Safety Investigation Act 2003 that relate to aircraft;

    3. (b)

      any functions conferred on CASA under the Civil Aviation (Carriers’ Liability) Act 1959, or under a corresponding law of a State or Territory;

    4. (ba)

      enforcing the requirements of this Act and the regulations in relation to insurance and financial arrangements required under Part IVA of the Civil Aviation (Carriers’ Liability) Act 1959;

    5. (c)

      any functions conferred on CASA under the Air Navigation Act 1920;

    6. (ca)

      entering into 83 bis agreements on behalf of Australia;

    7. (cb)

      any functions conferred on CASA under the Aviation Transport Security Act 2004;

    8. (cc)

      any functions conferred on CASA under the Airspace Act 2007 or under regulations under that Act;

    9. (cd)

      any functions conferred on CASA under the International Interests in Mobile Equipment (Cape Town Convention) Act 2013 or rules made under that Act;

    10. (d)

      any other functions prescribed by the regulations, being functions relating to any matters referred to in this section;

    11. (e)

      promoting the development of Australia’s civil aviation safety capabilities, skills and services, for the benefit of the Australian community and for export;

    12. (f)

      providing consultancy and management services relating to any of the matters referred to in this section, both within and outside Australian territory;

    13. (g)

      any functions incidental to any of the functions specified in this section.

  4. (4)

    In performing the function under paragraph (3)(f), CASA may, under a contract with a foreign country or with an agency of a foreign country, provide services for that country or agency in relation to the regulation of the safety of air navigation or any other matter in which CASA has expertise. Those services may include conducting safety regulation in relation to foreign registered aircraft under the law of a foreign country.

9APerformance of functions
  1. (1)

    In exercising its powers and performing its functions, CASA must regard the safety of air navigation as the most important consideration.

  2. (2)

    Subject to subsection (1), CASA must exercise its powers and perform its functions in a manner that ensures that, as far as is practicable, the environment is protected from:

    1. (a)

      the effects of the operation and use of aircraft; and

    2. (b)

      the effects associated with the operation and use of aircraft.

  3. (3)

    Subject to subsection (1), in developing and promulgating aviation safety standards under paragraph 9(1)(c), CASA must:

    1. (a)

      consider the economic and cost impact on individuals, businesses and the community of the standards; and

    2. (b)

      take into account the differing risks associated with different industry sectors.

11Functions to be performed in accordance with international agreements

CASA shall perform its functions in a manner consistent with the obligations of Australia under the Chicago Convention and any other agreement between Australia and any other country or countries relating to the safety of air navigation.

11ACompliance with Australian Airspace Policy Statement
  1. (1)

    Subject to subsection 9A(1), CASA must exercise its powers and perform its functions in a manner consistent with the Australian Airspace Policy Statement.

  2. (2)

    If CASA proposes to exercise a power or perform a function in a manner that is inconsistent with the Australian Airspace Policy Statement, CASA must notify the Minister in writing that it is proposing to do so and of its reasons.

  3. (3)

    In this section:

    Australian Airspace Policy Statement means the statement made under subsection 8(1) of the Airspace Act 2007.

12Directions
  1. (1)

    The Minister may give the Board written directions as to the performance of its functions or the exercise of its powers.

  2. (1A)

    Without limiting subsection (1), a direction under that subsection may require the Board to consult:

    1. (a)

      in the manner specified by the Minister; and

    2. (b)

      about matters specified by the Minister; and

    3. (c)

      with bodies and organisations specified by the Minister.

  3. (2)

    Directions as to the performance of its regulatory function shall be only of a general nature.

  4. (4)

    The Board must comply with a direction given under subsection (1).

  5. (5)

    This section does not affect the application of section 22 of the Public Governance, Performance and Accountability Act 2013 (which deals with the application of government policy to corporate Commonwealth entities) in relation to CASA.

12AMinister may give the Board notices about its strategic direction etc.
  1. (1)

    The Minister may notify the Board in writing of the Minister’s views on the following matters:

    1. (a)

      the appropriate strategic direction for CASA;

    2. (b)

      the manner in which CASA should perform its functions.

  2. (1A)

    Subsection (1) does not permit the Minister to notify views in relation to a particular case or a particular holder of a civil aviation authorisation.

  3. (2)

    In performing its functions, the Board must act in accordance with notices given under subsection (1).

12BMinister may direct CASA to give documents and information to nominee
  1. (1)

    The Minister may direct CASA to give to a specified ministerial nominee any documents or information relating to CASA’s operations that the nominee requests.

  2. (2)

    CASA must comply with the direction.

  3. (3)

    In this section:

    ministerial nominee means a person whose responsibilities or duties include advising the Minister about CASA’s performance and strategies.

13CASA’s powers
  1. (1)

    In addition to any other powers conferred on it by this Act, CASA 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. (2)

    Without limiting the generality of subsection (1), the powers include, subject to this Act, power:

    1. (a)

      to enter into contracts; and

    2. (b)

      to acquire, hold and dispose of real and personal property; and

    3. (e)

      to let on hire plant, machinery, equipment or goods of CASA not immediately required by CASA; and

    4. (f)

      to do anything incidental to any of the powers specified in this subsection or otherwise conferred on CASA.

  3. (4)

    Where CASA may provide a service, CASA may do so:

    1. (a)

      itself;

    2. (b)

      in co‑operation with another person (including the Commonwealth); or

    3. (c)

      by arranging for another person (including the Commonwealth) to do so on its behalf.

  4. (5)

    CASA may appoint a body or bodies to advise CASA in relation to the performance of its functions.

16Consultation

In the performance of its functions and the exercise of its powers, CASA must, where appropriate, consult with government, commercial, industrial, consumer and other relevant bodies and organisations (including ICAO and bodies representing the aviation industry).

Part IIIRegulation of civil aviationDivision 1General regulatory provisions19Civil Air Ensign
  1. (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. (2)

    The Civil Air Ensign of Australia may be flown or otherwise displayed:

    1. (a)

      by CASA; or

    2. (aa)

      by AA; or

    3. (b)

      on an Australian aircraft engaged in international air navigation; or

    4. (c)

      with the permission of CASA and in accordance with any conditions specified in the permission.

  3. (3)

    Except as provided in subsection (2), a person shall not fly or otherwise display the Civil Air Ensign.

    Penalty: 5 penalty units.

  4. (4)

    An offence under subsection (3) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

20AAFlying unregistered aircraft etc.

Flying an unregistered aircraft

(1)

A person must not fly an aircraft within Australian territory if:

  1. (a)

    the aircraft is not registered under the regulations; and

  2. (b)

    the aircraft is, under this Act or those regulations, required to be registered under those regulations.

Penalty: Imprisonment for 2 years.

(1A)

Subsection (1) does not apply to an aircraft that is employed in private operations and that possesses the nationality of a Contracting State.

Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).

(2)

In subsection (1A), employed in private operations has the same meaning as it has in the regulations.

Flying without a certificate of airworthiness

(3)

An owner, operator, hirer (other than the Crown) or pilot of an Australian aircraft must not commence a flight in the aircraft, or permit a flight in the aircraft to commence, if:

  1. (a)

    there is no certificate of airworthiness under the regulations in force in respect of the aircraft; and

  2. (b)

    the regulations do not authorise the flight without the certificate.

Penalty: Imprisonment for 2 years.

Flying without satisfying safety requirements

(4)

An owner, operator, hirer (other than the Crown) or pilot of an Australian aircraft must not commence a flight in the aircraft, or permit a flight in the aircraft to commence, if one or more of the following apply:

  1. (a)

    there is outstanding a requirement imposed by or under the regulations in relation to the maintenance of the aircraft;

  2. (b)

    the aircraft will require maintenance before the flight can end;

  3. (c)

    there is a defect or damage that may endanger the safety of the aircraft or any person or property;

  4. (d)

    the aircraft is unsafe for flight.

Penalty: Imprisonment for 2 years.

20ABFlying aircraft without licence etc.
  1. (1)

    A person must not perform any duty that is essential to the operation of an Australian aircraft during flight time unless:

    1. (a)

      the person holds a civil aviation authorisation that is in force and authorises the person to perform that duty; or

    2. (b)

      the person is authorised by or under the regulations to perform that duty without the civil aviation authorisation concerned.

    Penalty: Imprisonment for 2 years.

  2. (2)

    A person must not carry out maintenance on:

    1. (a)

      an Australian aircraft; or

    2. (b)

      an aeronautical product in Australian territory; or

    3. (c)

      an aeronautical product for an Australian aircraft;

    if the person is not permitted by or under the regulations to carry out that maintenance.

    Penalty: Imprisonment for 2 years.

  3. (3)

    Nothing in subsection (1) or (2) limits the power to make regulations under this Act that provide for an offence of undertaking another activity without the appropriate civil aviation authorisation or special authorisation under the regulations.

  4. (4)

    In this section, flight time has the same meaning as in the regulations.

20ACPurported issue of authorisation
  1. (1)

    A person must not purport to give a civil aviation authorisation for the purposes of the regulations unless the person is authorised under those regulations to give the authorisation.

    Penalty: Imprisonment for 2 years.

  2. (2)

    Without limiting subsection (1), a person is to be taken to give an authorisation for the purposes of that subsection if the person endorses the authorisation on another document (for example, endorses a rating on a licence or in a log book).

20Defence aerodromes

CASA 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, CASA may authorise the aircraft to use the aerodrome in accordance with conditions specified by CASA.

20AReckless operation of aircraft
  1. (1)

    A person must not operate an aircraft being reckless as to whether the manner of operation could endanger the life of another person.

  2. (2)

    A person must not operate an aircraft being reckless as to whether the manner of operation could endanger the person or property of another person.

21Interference with aeronautical facilities
  1. (1)

    In this section:

    installation includes any electrical or other equipment or any 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 installation is installed, kept or operated.

  2. (2)

    The following provisions apply if CASA believes on reasonable grounds that an installation is or may be, either actively or passively, causing interference with communications to or from aircraft, or communications to or from centres established for air traffic control, or with navigational aids or with surveillance systems, 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. (3)

    CASA may serve a notice on the proprietor directing the proprietor to permit the installation to be inspected and tested by an officer.

  4. (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. (5)

    An officer exercising powers under subsection (4) shall produce identification in writing if requested to do so.

  6. (6)

    If as a result of such an inspection or otherwise, CASA considers it necessary to do so for the safety of aircraft referred to in subsection (2), CASA 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. (7)

    If the installation has been installed and is used and operated in accordance with all applicable laws, the proprietor may recover from CASA the amount of all reasonable expenses incurred, and of loss actually suffered, in complying with a direction under subsection (6).

  8. (8)

    A person must not fail to comply with a direction contained in a notice under this section.

    Penalty: Imprisonment for 12 months.

  9. (8A)

    Subsection (8) does not apply if the person has a reasonable excuse.

    Note: A defendant bears an evidential burden in relation to the matter in subsection (8A) (see subsection 13.3(3) of the Criminal Code).

  10. (9)

    If the proprietor fails to comply with a direction under subsection (6), CASA 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.

  11. (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.

  12. (11)

    The Director may, in writing, delegate any of CASA’s powers under this section to AA.

  13. (12)

    The Chief Executive Officer of AA may delegate to a member or employee of AA any powers that are delegated to AA under subsection (11).

  14. (13)

    In this section:

    officer includes an employee of AA.

22Interception etc. of aircraft
  1. (1)

    This section applies to:

    1. (a)

      an Australian aircraft; or

    2. (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. (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: Imprisonment for 2 years.

  3. (3)

    Where:

    1. (a)

      an aircraft flies over the territory of a foreign country; and

    2. (b)

      either:

      1. (i)

        the flight is required to be authorised by the foreign country and is not so authorised; or

      2. (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:

    1. (c)

      requiring that the aircraft land at a specified aerodrome in the territory of the foreign country; or

    2. (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: Imprisonment for 2 years.

  4. (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. (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.

  1. (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.

  2. (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:

    1. (a)

      a member of the military, police, customs or air‑traffic control services of the foreign country; or

    2. (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.

23Dangerous goods
  1. (1)

    An aircraft must not carry dangerous goods except:

    1. (a)

      in accordance with the regulations, including any conditions subject to which the regulations permit the carriage of those goods; or

    2. (ab)

      in accordance with the Aviation Transport Security Regulations 2005, including any conditions subject to which those regulations permit the carriage of those goods; or

    3. (b)

      with the written permission of CASA and in accordance with any conditions specified in the permission.

  2. (2)

    A person must not carry or consign for carriage any dangerous goods on board an aircraft except:

    1. (a)

      in accordance with the regulations, including any conditions subject to which the regulations permit the carriage or consignment of those goods; or

    2. (ab)

      in accordance with the Aviation Transport Security Regulations 2005, including any conditions subject to which those regulations permit the carriage or consignment of those goods; or

    3. (b)

      with the written permission of CASA and in accordance with any conditions specified in the permission.

    Penalty: Imprisonment for 7 years.

  3. (2AA)

    A person must not carry or consign for carriage any goods on board an aircraft and be negligent as to whether the goods are dangerous goods, except:

    1. (a)

      in accordance with the regulations, including any conditions subject to which the regulations permit the carriage or consignment of those goods; or

    2. (b)

      in accordance with the Aviation Transport Security Regulations 2005, including any conditions subject to which those regulations permit the carriage or consignment of those goods; or

    3. (c)

      with the written permission of CASA and in accordance with any conditions specified in the permission.

    Penalty: Imprisonment for 2 years.

  4. (2A)

    A person must not carry or consign for carriage any dangerous goods on board an aircraft, except:

    1. (a)

      in accordance with the regulations, including any conditions subject to which the regulations permit the carriage or consignment of those goods; or

    2. (ab)

      in accordance with the Aviation Transport Security Regulations 2005, including any conditions subject to which those regulations permit the carriage or consignment of those goods; or

    3. (b)

      with the written permission of CASA and in accordance with any conditions specified in the permission.

    Penalty: Imprisonment for 2 years.

  5. (2B)

    An offence under subsection (2A) is an offence of strict liability.

    Note: For strict liability, see section 6.1 of the Criminal Code.

  6. (3)

    In this section:

    dangerous goods means:

    1. (a)

      explosive substances; and

    2. (b)

      things:

      1. (i)

        which by reason of their nature are liable to endanger the safety of an aircraft or persons on board an aircraft; or

      2. (ii)

        which the regulations declare to be dangerous goods.

  7. (3A)

    Regulations made for the purposes of subparagraph (b)(ii) of the definition of dangerous goods in subsection (3) may apply, adopt or incorporate (with or without modification) the Dangerous Goods List contained in the Technical Instructions for the Safe Transport of Dangerous Goods by Air, approved and published by decision of the Council of the International Civil Aviation Organisation, as in force from time to time.

  8. (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.

23AStatements of the contents of cargo
  1. (1)

    The regulations may require a person who, in the circumstances specified in the regulations, consigns for carriage any cargo on board an aircraft to make a statement, of a kind specified in the regulations, concerning the contents of the cargo.

  2. (2)

    A person must not consign for carriage any cargo on board an aircraft, in circumstances in which regulations made for the purposes of subsection (1) require a statement to be made, unless:

    1. (a)

      the cargo is accompanied by; or

    2. (b)

      the person responsible for delivery of the cargo has been given;

    a statement that complies with the regulations made for the purposes of that subsection.

    Penalty: 30 penalty units.

23BTraining relating to dangerous goods
  1. (1)

    The regulations may require that persons handling, or involved in handling, cargo in the course of the cargo being carried or consigned for carriage on an aircraft are to undertake specified training relating to dangerous goods.

  2. (2)

    A person must not carry or consign for carriage any cargo on board an aircraft unless each person who:

    1. (a)

      handles, or is involved in the handling of, the cargo for or on behalf of the first‑mentioned person; and

    2. (b)

      has been required, by regulations made for the purposes of this section, to undertake training relating to dangerous goods;

    has undertaken training relating to dangerous goods in accordance with the regulations.

    Penalty: 30 penalty units.

  3. (3)

    In this section:

    dangerous goods has the same meaning as in section 23.

24Interference with crew or aircraft
  1. (1)

    A person commits an offence if:

    1. (a)

      the person does an act; and

    2. (b)

      the act:

      1. (i)

        interferes with a crew member of an aircraft in the course of the performance of his or her duties as such a crew member; or

      2. (ii)

        threatens the safety of an aircraft or of persons on board an aircraft.

    Penalty: Imprisonment for 2 years.

  2. (2)

    A person must not tamper with:

    1. (a)

      an aircraft; or

    2. (b)

      an aeronautical product that is of such a type that tampering with it may endanger the safety of an aircraft or any person or property;

    if tampering with it may endanger the safety of the aircraft or any person or property.

    Penalty: Imprisonment for 2 years.

25Non‑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:

  1. (a)

    that the aircraft follow an established air route; or

  2. (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:

  1. (a)

    if the person does not have a commercial presence in Australia—the condition referred to in paragraph (5)(a) (if applicable); and

  2. (b)

    in any case—the safety rules.

Permissions—conditions

(5)

A permission granted under subsection (2) or (3) is subject to:

  1. (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

  2. (b)

    any conditions specified in the permission.

(6)

CASA must not do either of the following, except to ensure compliance with the safety rules:

  1. (a)

    specify a condition under paragraph (5)(b);

  2. (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:

  1. (a)

    if the condition referred to in paragraph (5)(a) is breached; or

  2. (b)

    to ensure compliance with the safety rules.

26Aircraft on international flights to have permission

Permissions

(1)

An aircraft shall not, except with the permission of CASA and in accordance with any conditions to which the permission is subject:

  1. (a)

    arrive in Australian territory from a place outside Australian territory; or

  2. (b)

    depart from Australian territory for a place outside Australian territory.

(2)

Subsection (1) does not apply to anything done:

  1. (a)

    as provided by section 14 of the Air Navigation Act 1920;

  2. (b)

    in accordance with an international airline licence granted under regulations made under that Act;

  3. (c)

    in accordance with a permission granted under subsection 25(3) and any conditions to which the permission is subject; or

  4. (d)

    as authorised by an AOC; or

  5. (e)

    as authorised by a New Zealand AOC with ANZA privileges that is in force for Australia (but only so far as it authorises ANZA activities in Australian territory).

Note: For when a New Zealand AOC with ANZA privileges is in force for Australia, see section 3AA.

(3)

If a person applies to CASA for a permission under this section, CASA must grant the permission if CASA is satisfied that the person has complied with, or is capable of complying with:

  1. (a)

    if the person does not have a commercial presence in Australia—the condition referred to in paragraph (4)(a) (if applicable); and

  2. (b)

    in any case—the safety rules.

(3A)

For the purposes of being satisfied that the person has complied with, or is capable of complying with, the safety rules, CASA may have regard to the matters set out in section 28AA as if:

  1. (a)

    the reference in that section to subsection 28(1A) were a reference to paragraph (3)(b) of this section; and

  2. (b)

    the reference in subparagraph (1)(c)(ii) and paragraph (5)(a) of that section to an AOC were to a permission.

Permissions—conditions

(4)

A permission granted under this section is subject to:

  1. (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

  2. (b)

    any conditions specified in the permission.

(4A)

For the purposes of deciding whether to specify a condition in the permission, CASA may have regard to the matters set out in section 28AA as if:

  1. (a)

    the reference in that section to subsection 28(1A) were a reference to paragraph (4)(b) of this section; and

  2. (b)

    the reference in subparagraph (1)(c)(ii) and paragraph (5)(a) of that section to an AOC were to a permission.

(5)

CASA must not do either of the following, except to ensure compliance with the safety rules:

  1. (a)

    specify a condition under paragraph (4)(b);

  2. (b)

    vary a condition specified under paragraph (4)(b).

Permissions—suspension and cancellation

(6)

CASA must not suspend or cancel a permission granted under this section, except:

  1. (a)

    if the condition referred to in paragraph (4)(a) is breached; or

  2. (b)

    to ensure compliance with the safety rules.

Division 1AGeneral provisions about mutual recognition under the ANZA mutual recognition agreements26AGuide to how this Act deals with mutual recognition between Australia and New Zealand
  1. (1)

    This Division contains various general provisions relating to mutual recognition under the ANZA mutual recognition agreements.

  2. (2)

    Other provisions of this Act also deal with mutual recognition under the ANZA mutual recognition agreements, as set out in the table below.

Outline of other provisions of this Act that deal with mutual recognition

Item

For provisions concerning...

See...

1

New Zealand AOCs that will be recognised in Australia (known as New Zealand AOCs with ANZA privileges)

(a) section 3AA (when a New Zealand AOC with ANZA privileges is in force for Australia); and

(b) paragraph 26(2)(e) and subsection 27(2) (operating in Australia under such an AOC); and

(c) section 28C (holder of such an AOC to provide certain documents and information to CASA); and

(d) sections 28D and 28E (the Director’s power to issue and revoke Australian temporary stop notices); and

(e) section 28G (disapplying regulations that would otherwise apply to the holder of a New Zealand AOC with ANZA privileges).

2

Australian AOCs that will be recognised in New Zealand (known as Australian AOCs with ANZA privileges)

(a) paragraph 7(c) (extension of Act to New Zealand activities); and

(b) paragraph 9(1)(ba) (CASA’s safety regulation role in relation to New Zealand activities); and

(c) subsections 27(2AA) to (2AC) (CASA’s power to issue Australian AOCs with ANZA privileges); and

(d) paragraph 28(1)(e) and section 28B (additional conditions for issue of such AOCs); and

(da) subsection 28BAA(2) (making certain additional conditions for issue of Australian AOCs with ANZA privileges have effect as ongoing conditions); and

(e) subsection 28BD(2) (holders of such AOCs to comply with New Zealand law); and

(f) section 28F (CASA’s obligations in response to a New Zealand temporary stop notice).

3

Other aspects of mutual recognition

(a) subsection 3(1) (definitions of key terms); and

(b) paragraph 9(3)(aa) (CASA’s role in implementing the ANZA mutual recognition agreements); and

(c) Part IIIA (use of powers to monitor compliance with New Zealand law).

26BDisclosure of information by CASA to the Director of CAA New Zealand
  1. (1)

    CASA may disclose information (including personal information) to the Director of CAA New Zealand for a purpose connected with the ANZA mutual recognition agreements.

  2. (2)

    In this section:

    personal information has the same meaning as in section 6 of the Privacy Act 1988.

26CObligation to consult Director of CAA New Zealand before taking certain actions

Before taking any action under this Act or the regulations that would or might affect the ANZA activities in New Zealand that an Australian AOC with ANZA privileges authorises, CASA must:

  1. (a)

    if required by the ANZA mutual recognition agreements, consult the Director of CAA New Zealand; and

  2. (b)

    carry out the consultation in accordance with the ANZA mutual recognition agreements.

26DDelegation of Australian powers to employees of CAA New Zealand
  1. (1)

    The Director may, in writing, delegate all or any of CASA’s powers under this Act, other than Part IIIA, to an employee of CAA New Zealand for the purposes of the ANZA mutual recognition agreements.

  2. (2)

    A delegate is, in the exercise of a power delegated under subsection (1), subject to the directions of the Director.

26EDelegation of New Zealand powers and functions to CASA officers
  1. (1)

    Subject to subsection (2), an officer may exercise powers or perform functions delegated to the officer under the Civil Aviation Act 1990 of New Zealand, but only so far as they relate to New Zealand AOCs with ANZA privileges.

  2. (2)

    Subsection (1) does not apply to powers or functions conferred by section 15, 21 or 24 of the Civil Aviation Act 1990 of New Zealand.

Division 2Air Operators’ Certificates (AOCs)Subdivision AGeneral27AOCs
  1. (1)

    CASA may issue AOCs for the purposes of its functions.

  2. (2)

    Except as authorised by an AOC, by a New Zealand AOC with ANZA privileges that is in force for Australia (but only so far as it authorises ANZA activities in Australian territory), or by a permission under section 27A:

    1. (a)

      an aircraft shall not fly into or out of Australian territory; and

    2. (b)

      an aircraft shall not operate in Australian territory; and

    3. (c)

      an Australian aircraft shall not operate outside Australian territory.

    Note: For when a New Zealand AOC with ANZA privileges is in force for Australia, see section 3AA.

  3. (2AA)

    For the purpose of the ANZA mutual recognition agreements, CASA may issue an AOC that authorises aircraft to operate in, or fly into or out of, New Zealand, but only if the AOC also authorises aircraft to operate in, or fly into or out of, Australian territory.

    Note: The kind of operations authorised by the AOC in New Zealand need not be the same kind of operations as are authorised by the AOC in Australian territory.

  4. (2AB)

    Subsection (2AA) is not intended to limit the circumstances in which CASA may, otherwise than for the purpose of the ANZA mutual recognition agreements, issue an AOC that covers matters referred to in that subsection.

  5. (2AC)

    An AOC that is, to an extent (whether wholly or partly), issued for the purpose of the ANZA mutual recognition agreements, must be expressed to be issued for that purpose to that extent.

  6. (2A)

    An AOC may authorise the flying or operation of an aircraft, other than the operation of a foreign registered aircraft on regulated domestic flights, by authorising the flying or operation of aircraft included in a class of aircraft described in the AOC.

  7. (2B)

    An AOC may be issued only to a natural person or to a body having legal personality.

  8. (3)

    If a holder of an AOC makes a request in writing to CASA for the revocation of the AOC, CASA must cancel the AOC.

  9. (7)

    The term of an AOC shall be as determined by CASA.

  10. (8)

    An AOC is not transferable.

  11. (9)

    Subsection (2) applies only to the flying or operation of an aircraft for such purposes as are prescribed.

  12. (10)

    For the purpose of subsection (2A) as it applies to an Australian AOC with ANZA privileges, a foreign registered aircraft does not include an aircraft registered in New Zealand.

Subdivision BApplication for AOC27AAApplication in approved form

An application for an AOC must be in a form approved by CASA.

27ABLodgment of manuals
  1. (2)

    If an applicant for an AOC is (or will be) required by the regulations or Civil Aviation Orders to have any of the following manuals, the applicant must lodge the current or proposed version of the manual concerned:

    1. (a)

      an operations manual;

    2. (b)

      a training and checking manual;

    3. (c)

      a dangerous goods manual.

  2. (3)

    The applicant is not required to lodge a manual under this section if the applicant has previously lodged a copy of the same version of the manual.

  3. (4)

    If the applicant already holds a current AOC and is applying for a new AOC that:

    1. (a)

      would authorise the same things as the current AOC; and

    2. (b)

      would come into force when the term of the current AOC expires;

    the applicant is required to comply with the lodgment requirements of this section only to the extent (if any) that CASA, by written notice, requires compliance.

27ACCASA may require information etc. and inspections etc.
  1. (1)

    CASA may give a written notice to an applicant for an AOC, requiring the applicant to give CASA information in writing, or documents, that:

    1. (a)

      are described in the notice; and

    2. (b)

      are in the applicant’s possession or under the applicant’s control; and

    3. (c)

      are reasonably required by CASA:

      1. (i)

        to properly consider the application; or

      2. (ii)

        to ensure that section 28BI (which deals with personal injury liability insurance) is complied with in relation to an operation, which would be covered by the AOC, to which that section applies; or

      3. (iii)

        in accordance with the regulations (if any) referred to in paragraph 98(3)(b).

  2. (2)

    CASA may give a written notice to an applicant for an AOC, requiring the applicant to permit an authorised officer to carry out an inspection or test that:

    1. (a)

      is described in the notice; and

    2. (b)

      is reasonably required by CASA to properly consider the application.

  3. (3)

    In this section:

    inspection or test means an inspection or test of any of the following:

    1. (a)

      any aircraft covered by the application;

    2. (b)

      any aeronautical product that is a part of, or that relates to, any aircraft covered by the application;

    3. (c)

      any premises used, or proposed to be used, for the purpose of conducting or carrying out the operations covered by the application;

    1. (d)

      any facilities, procedures or practices used, or proposed to be used, for a purpose covered by the application.

27ADCASA may require proving flights etc.
  1. (1)

    CASA may give a written notice to an applicant for an AOC, requiring the applicant:

    1. (a)

      to conduct proving flights; or

    2. (b)

      to carry out other aircraft tests or demonstrations of procedures;

    to assess whether the applicant can safely conduct the operations covered by the application.

  2. (2)

    The notice must describe the proving flights, tests or demonstrations that the applicant is required to conduct or carry out.

  3. (3)

    The proving flights, tests or demonstrations must be conducted or carried out under the supervision or observation of an authorised officer and in accordance with the requirements mentioned in the notice.

27AEApplication for foreign aircraft AOC
  1. (1)

    CASA may give a written notice to an applicant for a foreign aircraft AOC, requiring the applicant to give CASA all or any of the following:

    1. (a)

      a copy of any air operator’s certificate, or any document having substantially the same effect, issued by the authority responsible for regulating civil aviation in the country in which the aircraft is registered or operating;

    2. (b)

      a copy of any limitations or conditions imposed by the authority on operations conducted or carried out by the applicant, unless those limitations or conditions are specified in a certificate or document specified in paragraph (a);

    3. (c)

      copies of any operational authorisations or requirements, however described, issued by the authority in relation to the operations of the applicant, unless those authorisations or requirements are specified in a certificate or document specified in paragraph (a) or (b);

    4. (d)

      written particulars of all licences held by flight crew members intended to be engaged in carrying out operations under the foreign aircraft AOC;

    5. (e)

      evidence of the matters listed in paragraphs 28AA(1)(a), (b), (c) and (d) (including, as applicable, by giving examples of the things mentioned in subsections 28AA(2) to (5)).

  2. (2)

    CASA must state in the notice whether the applicant is to comply with the notice:

    1. (a)

      in addition to complying with the lodgment requirements of section 27AB; or

    2. (b)

      instead of complying with those requirements, or such of them as are identified in the notice.

  3. (3)

    If the notice indicates that the applicant is to do something instead of complying with all or any of the requirements of section 27AB, the applicant need not comply with those requirements of section 27AB.

  4. (4)

    In this section:

    foreign aircraft AOC means:

    1. (a)

      an AOC (other than an Australian AOC with ANZA privileges) authorising the operation of a foreign registered aircraft on flights that are not regulated domestic flights; or

    2. (b)

      an Australian AOC with ANZA privileges authorising the operation of a foreign registered aircraft, other than an aircraft registered in New Zealand, on flights that are not regulated domestic flights.

27AFCASA not required to consider application until requirements complied with
  1. (1)

    CASA may refuse to consider an application, or to consider it further, while there are requirements under this Subdivision that the applicant has not complied with.

  2. (2)

    If the applicant is not a constitutional corporation, subsection (1) applies, in relation to a requirement that relates to an acceptable contract of insurance or adequate financial arrangements (within the meaning of Part IVA of the Civil Aviation (Carriers’ Liability) Act 1959), to the extent that the application relates to carriage by air covered by Part IA, II, III or IV of that Act.

Subdivision COperation of a foreign registered aircraft without AOC27APermission for operation of foreign registered aircraft without AOC

Granting permission

(1)

If:

  1. (a)

    a person wishes to operate a foreign registered aircraft on regulated domestic flights; and

  2. (b)

    CASA has not entered into an agreement of a kind referred to in paragraph 28A(1)(a) that is necessary to permit the issue of an AOC authorising that operation;

the person may apply for a permission for the aircraft to be so operated.

(1A)

CASA may, by written notice given to the applicant, require the applicant to give CASA evidence of the matters listed in paragraphs 28AA(1)(a), (b), (c) and (d) (including, as applicable, by giving examples of the things mentioned in subsections 28AA(2) to (5)).

(2)

CASA may only grant the permission if it is satisfied:

  1. (a)

    if the person does not have a commercial presence in Australia—that the person has complied with, or is capable of complying with, the condition referred to in paragraph (4)(a) (if applicable); and

  2. (b)

    in any case—that to do so will not adversely affect the safety of air navigation.

(3)

The permission may be granted only for a period of not more than 7 days specified in the permission starting on a day specified in the permission.

Conditions

(4)

A permission granted under this section has effect subject to:

  1. (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

  2. (b)

    any conditions relating to the operation, maintenance and airworthiness of the aircraft covered by the permission:

    1. (i)

      that CASA considers necessary in the interests of the safety of air navigation; and

    2. (ii)

      that are specified by CASA in the permission.

(5)

CASA may, at any time, by written notice given to the holder of the permission, vary the conditions (other than the condition referred to in paragraph (4)(a)) or impose further conditions if CASA considers it necessary to do so in the interests of the safety of air navigation.

Cancellation

(6)

CASA may, by oral or written notice given to the holder of a permission granted under this section, cancel the permission if:

  1. (a)

    the condition referred to in paragraph (4)(a) is breached; or

  2. (b)

    CASA considers it necessary to do so in the interests of the safety of air navigation.

Subdivision DIssue of AOCs28CASA must issue AOC if satisfied about certain matters
  1. (1)

    If a person applies to CASA for an AOC, CASA must issue the AOC if, and only if:

    1. (a)

      CASA is satisfied that the applicant has complied with, or is capable of complying with, the safety rules; and

    2. (b)

      CASA is satisfied about the following matters in relation to the applicant’s organisation:

      1. (i)

        the organisation is suitable to ensure that the AOC operations can be conducted or carried out safely, having regard to the nature of the AOC operations;

      2. (ii)

        the organisation’s chain of command is appropriate to ensure that the AOC operations can be conducted or carried out safely;

      3. (iii)

        the organisation has a sufficient number of suitably qualified and competent employees to conduct or carry out the AOC operations safely;

      4. (iv)

        key personnel in the organisation have appropriate experience in air operations to conduct or to carry out the AOC operations safely;

      5. (v)

        the facilities of the organisation are sufficient to enable the AOC operations to be conducted or carried out safely;

      6. (vi)

        the organisation has suitable procedures and practices to control the organisation and ensure that the AOC operations can be conducted or carried out safely;

      7. (vii)

        if CASA requires particulars of licences held by flight crew members of the organisation—the authorisations conferred by the licences are appropriate, having regard to the nature of the AOC operations; and

    3. (c)

      if the AOC sought is:

      1. (i)

        an AOC (other than an Australian AOC with ANZA privileges) authorising the operation of a foreign registered aircraft on regulated domestic flights; or

      2. (ii)

        an Australian AOC with ANZA privileges authorising the operation of a foreign registered aircraft, other than an aircraft registered in New Zealand, on regulated domestic flights;

    CASA is also satisfied that the additional conditions in section 28A are satisfied; and

    1. (d)

      CASA is satisfied that the person does not hold a New Zealand AOC with ANZA privileges that covers all or any of the AOC operations; and

    2. (e)

      if the AOC sought is an Australian AOC with ANZA privileges—the additional conditions in section 28B are satisfied.

  2. (1A)

    For the purposes of paragraph (1)(a), if the AOC sought is an AOC authorising the operation of foreign registered aircraft into Australia, out of Australia, or both, or on regulated domestic flights, other than:

    1. (a)

      an Australian AOC with ANZA privileges; or

    2. (b)

      an Australian AOC with ANZA privileges authorising operations of an aircraft registered in New Zealand on regulated domestic flights;

    CASA may have regard to the matters set out in section 28AA.

  3. (2)

    The financial position of the applicant is one of the matters that CASA may take into account in forming a view for the purposes of paragraph (1)(a).

  4. (3)

    In this section:

    AOC operations means the operations covered by the application.

    applicant’s organisation means the organisation established, or proposed to be established, by the applicant to conduct or carry out the operations covered by the application.

    key personnel means the people (however they are described) that hold, or carry out the duties of, the following positions in the applicant’s organisation:

    1. (a)

      the chief executive officer;

    2. (b)

      the head of the flying operations part of the organisation;

    3. (c)

      the head of the aircraft airworthiness and maintenance control part (if any) of the organisation;

    4. (d)

      the head of the training and checking part (if any) of the organisation;

    5. (e)

      any other position prescribed by the regulations.

28AAdditional conditions for issue of AOC in relation to certain foreign registered aircraft
  1. (1)

    The additional conditions of which CASA must be satisfied for the purposes of paragraph 28(1)(c) are:

    1. (a)

      that CASA has entered into agreements with:

      1. (i)

        the authority responsible for regulating civil aviation in the country where the aircraft is registered; and

      2. (ii)

        if, when the application for the AOC is made, the aircraft is operating in another country under an air operator’s certificate, or a document to substantially the same effect, issued by the authority responsible for regulating civil aviation in that other country (a foreign certificate)—the body that issued the foreign certificate; and

    2. (b)

      that each agreement sets out the areas of responsibility of the parties to the agreement in relation to the supervision of flight operations, the maintenance, and the airworthiness, of aircraft covered by the agreement; and

    3. (c)

      that the applicant has informed CASA:

      1. (i)

        of the aircraft’s type, serial number and registration marks; and

      2. (ii)

        of the country where the aircraft is registered; and

      3. (iii)

        of the name and address of the person in whose name the aircraft is registered; and

    4. (d)

      that the applicant has informed CASA:

      1. (i)

        of the age and total time‑in‑service of the aircraft; and

      2. (ii)

        of the country in which any person who operated the aircraft in the period of one year immediately before the application for the AOC had his or her principal place of business; and

      3. (iii)

        of the country or countries in which maintenance was carried out on the aircraft during that year, other than line maintenance; and

    5. (e)

      that the applicant has given CASA a copy of either:

      1. (i)

        the certificate of airworthiness of the aircraft; or

      2. (ii)

        a document to substantially the same effect as such a certificate;

    that was issued by the authority responsible for regulating civil aviation in the country where the aircraft is registered; and

    1. (f)

      that the applicant has given CASA a statement that the aircraft complies with the airworthiness requirements of Annex 8 of the Chicago Convention or with such other airworthiness standard as CASA directs; and

    2. (g)

      if the aircraft is leased—that the applicant has given CASA:

      1. (i)

        the name and address of the person responsible for operational control of the aircraft under the lease agreement (whether or not that person is the applicant); and

      2. (ii)

        the name and address of the person responsible for controlling the airworthiness and maintenance of the aircraft (whether or not the person is the applicant); and

      3. (iii)

        a separate signed statement from each of those persons that they understand their respective responsibilities under the regulations; and

    3. (h)

      if the aircraft is leased—that the applicant for the AOC has given CASA a description of the lease provisions.

  2. (2)

    In this section:

    line maintenance, in relation to an aircraft, means routine checks, inspections and malfunction rectifications performed en route and at base stations on the aircraft during transit, turn‑around or night stops.

28AAMatters that CASA may have regard to in issuing an AOC in relation to certain flights by foreign registered aircraft
  1. (1)

    For the purposes of subsection 28(1A), the matters which CASA may have regard to are:

    1. (a)

      evidence of any serious safety deficiencies in relation to the applicant’s operations in another country; and

    2. (b)

      evidence of the applicant’s ability and willingness to address those safety deficiencies; and

    3. (c)

      evidence relating to the authority or authorities responsible for:

      1. (i)

        the safety oversight of the applicant’s operations; and

      2. (ii)

        the registration, certification and airworthiness of aircraft used by the applicant in its operations or to be used under the AOC sought; and

    4. (d)

      evidence relating to the management and control of the applicant’s operations.

  2. (2)

    For the purposes of paragraph (1)(a), examples of the kinds of evidence of serious safety deficiencies include all or any of the following:

    1. (a)

      a report that identifies serious safety deficiencies;

    2. (b)

      the applicant’s failure to address deficiencies identified during ramp inspections, or similar inspections, carried out by the aviation authority of another country or group of countries;

    3. (c)

      the fact that another country or group of countries has imposed an operating ban on the applicant because of deficiencies relating to international aviation safety standards;

    4. (d)

      information relating to an accident or serious incident that indicates systemic safety deficiencies in relation to the applicant’s operations.

  3. (3)

    For the purposes of paragraph (1)(b), examples of the kinds of evidence of the applicant’s ability and willingness to address safety deficiencies include either or both of the following:

    1. (a)

      how the applicant responds to requests from CASA for information about the safety aspects of the applicant’s operations;

    2. (b)

      if the applicant has presented a plan for corrective action to CASA, the aviation authority of another country or group of countries, ICAO or another relevant body or organisation—whether the corrective action proposed is appropriate and sufficient.

  4. (4)

    For the purposes of paragraph (1)(c), examples of the kinds of evidence mentioned in that paragraph include all or any of the following:

    1. (a)

      how a relevant authority responds to concerns or issues raised by CASA about:

      1. (i)

        the safety of the applicant’s operations; or

      2. (ii)

        the safety of aircraft used by the applicant or another carrier licensed or certified by that authority;

    2. (b)

      a relevant authority’s reputation for implementing and enforcing relevant aviation safety standards, including:

      1. (i)

        audits and related corrective action plans established under ICAO’s Universal Safety Oversight Audit Programme or any other similar program; and

      2. (ii)

        whether the applicant’s authorisation (however described) by the authority is not, or is no longer, recognised by another country or group of countries; and

      3. (iii)

        if the applicant’s authorisation was not issued by the authority of the country in which the applicant has its principal place of business—that fact;

    3. (c)

      in relation to aircraft used by the applicant in the country in which the aircraft is registered—whether the aviation authority of that country administers its obligations in accordance with the Chicago Convention.

  5. (5)

    For the purposes of paragraph (1)(d), examples of the kinds of evidence relating to the management and control of the applicant’s operations include either or both of the following:

    1. (a)

      whether a person who is participating in, or is likely to participate in, managing the applicant’s operations is not a fit and proper person to participate in the management of the operations of a holder of an AOC;

    2. (b)

      whether a person who has, or is likely to have, effective control over the applicant’s operations is not a fit and proper person to have effective control over the applicant’s operations.

28BAdditional conditions for issue of an Australian AOC with ANZA privileges
  1. (1)

    The additional conditions that must be satisfied for the purposes of paragraph 28(1)(e) are:

    1. (a)

      that CASA is satisfied that the applicant does not hold an aviation document granted by the Director of CAA New Zealand that authorises the applicant to conduct all or any of the ANZA activities in New Zealand that the AOC will authorise; and

    2. (b)

      that the Secretary of the Department has advised CASA that, having regard to the ANZA mutual recognition agreements, the applicant is eligible for consideration for an Australian AOC with ANZA privileges; and

    3. (c)

      that CASA is satisfied that the applicant has complied, or is capable of complying, with the provisions of the Civil Aviation Act 1990 of New Zealand, and the regulations and rules made under that Act, that will apply to the applicant in relation to the ANZA activities in New Zealand that the AOC will authorise; and

    4. (d)

      that CASA is satisfied that it will be able to effectively regulate all the operations covered by the application, having regard to the following matters:

      1. (i)

        whether the applicant’s supervision of systems that affect the safety of the operations will be principally undertaken from or within Australian territory; and

      2. (ii)

        whether the applicant’s training and supervision of employees involved in those systems will be undertaken principally from or within Australian territory; and

      3. (iii)

        whether the majority of the resources used in those systems that are required for the operations will be situated within Australian territory; and

      4. (iv)

        whether the persons who will control the operations will spend the majority of their time in Australian territory; and

    5. (e)

      any applicable additional conditions set out in regulations.

  2. (2)

    CASA must consult the Director of CAA New Zealand about whether the conditions referred to in subsection (1) (other than paragraph (1)(b)) are satisfied.

Subdivision EConditions of AOC28BAGeneral conditions
  1. (1)

    An AOC has effect subject to the following conditions:

    1. (a)

      the condition that sections 28BD, 28BE, 28BF, 28BG and 28BH are complied with;

    2. (aa)

      the conditions subject to which the AOC has effect because of section 28BAA;

    3. (ab)

      the condition that section 28BI is complied with in relation to each operation, covered by the AOC, to which that section applies;

    4. (b)

      any conditions specified in the regulations or Civil Aviation Orders;

    5. (c)

      any conditions imposed by CASA under section 28BB.

  2. (2)

    If a condition of an AOC referred to in paragraph (1)(a) or (aa) is breached, the AOC continues, despite the breach, to authorise flights or operations to which the condition relates.

  3. (2A)

    If a condition of an AOC referred to in paragraph (1)(ab), (b) or (c) is breached, the AOC does not authorise any flight or operation to which the condition relates while the breach continues.

  4. (3)

    If a condition of an AOC is breached, CASA may, by written notice given to its holder, suspend or cancel:

    1. (a)

      the AOC; or

    2. (b)

      any specified authorisation contained in the AOC;

    whether or not the breach is continuing.

  5. (4)

    Before making a decision under subsection (3), CASA must:

    1. (a)

      give the holder of the AOC a notice setting out the reasons why CASA is considering making the decision; and

    2. (b)

      allow the holder of the AOC to show cause, within such reasonable time as CASA specifies in the notice, why CASA should not make the decision.

  6. (5)

    If CASA makes a decision under subsection (3), the notice of its decision must include a summary of section 31A. However, a failure to include such a summary does not affect the validity of the notice.

28BAACertain conditions for grant of AOC also have effect as ongoing conditions on the AOC
  1. (1)

    An AOC has effect subject to the condition that CASA remains satisfied as mentioned in paragraphs 28(1)(a) and (b) in relation to the operations that are covered by the AOC.

  2. (2)

    If the AOC is an Australian AOC with ANZA privileges, the AOC also has effect subject to the conditions that:

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

Endnote 3Legislation history

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Civil Aviation Act 1988

63, 1988

15 June 1988

s 17–32, 98 and 99–103: 1 July 1988 (s 2(2) and gaz 1988, No S189)

Remainder: 15 June 1988 (s 2(1))

Commonwealth Authorities Legislation (Pay‑roll Tax) Amendment Act 1988

55, 1988

15 June 1988

Sch: 1 July 1988 (s 2)

Transport Legislation Amendment Act 1989

6, 1989

16 Mar 1989

Sch 2: 15 June 1988 (s 2(3))

Lands Acquisition (Repeal and Consequential Provisions) Act 1989

21, 1989

20 Apr 1989

Sch 2: 9 June 1989 (s 2)

Civil Aviation Amendment Act 1990

25, 1990

24 May 1990

s 1, 2, 4, 5, 8, 9, 11, 12, 32, 47, 48 and 50: 24 May 1990 (s 2(4))

s 3(a): 1 July 1988 (s 2(3))

s 10: 24 Nov 1990 (s 2(5))

s 25: 1 July 1991 (s 2(6))

Remainder: 20 June 1990 (s 2(1) and gaz 1990, No S154)

s 9(2), 11(2), 16(2), 18(2), 40, 41(2), 42(2), (3) and 44(2)

as amended by

Transport and Communications Legislation Amendment Act 1990

11, 1991

21 Jan 1991

Sch: 20 June 1990 (s 2(13)(b))

Transport and Communications Legislation Amendment Act 1990

11, 1991

21 Jan 1991

s 10, 11, 13–15 and 19: 21 Jan 1991 (s 2(1))

s 12: 15 June 1988 (s 2(4))

s 16: 24 Nov 1990 (s 2(5))

s 17: never commenced (s 2(7))

s 18: 20 June 1990 (s 2(8))

Transport Legislation Amendment Act 1991

101, 1991

27 June 1991

s 3 and 10–16: 27 June 1991 (s 2(1))

s 3, 15(2) and 16

Transport and Communications Legislation Amendment Act 1991

173, 1991

25 Nov 1991

s 10, 11(2), 12–15, 18 and 19: 25 Nov 1991 (s 2(1))

s 11(1) and 17: 15 June 1988 (s 2(3))

s 16: 1 July 1991 (s 2(4))

s 20: 1 July 1988 (s 2(5))

Transport and Communications Legislation Amendment Act (No. 2) 1992

71, 1992

26 June 1992

s 13–17: 26 June 1992 (s 2(1))

s 18: 1 July 1991 (s 2(2))

Qantas Sale Act 1992

196, 1992

21 Dec 1992

Sch (Pt 1): 10 Mar 1993 (s 2(2), (3)(a) and gaz 1993, No GN17)

Sch (Pt 5): 30 Aug 1995 (s 2(2), (3)(c) and gaz 1995, No S324)

as amended by

Qantas Sale Amendment Act 1994

168, 1994

16 Dec 1994

Sch (item 19): 30 Aug 1995 (s 2(9))

Transport and Communications Legislation Amendment Act (No. 3) 1992

216, 1992

24 Dec 1992

s 21: 24 Dec 1992 (s 2(1))

s 22: 15 June 1988 (s 2(2))

s 23: 1 July 1988 (s 2(3))

Transport and Communications Legislation Amendment Act (No. 2) 1993

5, 1994

18 Jan 1994

s 4, 5 and Sch (items 19, 24, 26–34, 36–40, 42): 18 Jan 1994 (s 2(1))

Sch (items 20–23, 25): 2 Oct 1997 (s 2(3) and gaz 1997, No S387)

Sch (item 35): 15 Feb 1994 (s 2(2))

Sch (item 41): 20 June 1990 (s 2(5))

s 4 and 5

Civil Aviation Legislation Amendment Act 1995

82, 1995

30 June 1995

s 7–22 and Sch 1 (items 1–14, 16–152): 6 July 1995 (s 2(1)(a) and gaz 1995, No S270)

Sch 1 (item 15): 2 Oct 1997 (s 2(4))

Sch 2: 1 Jan 1998 (s 2(2))

s 7–22

as amended by

Audit (Transitional and Miscellaneous) Amendment Act 1997

152, 1997

24 Oct 1997

Sch 3 (items 4, 6–8): 30 June 1995 (s 2(3)(d))

Taxation Laws Amendment Act (No. 1) 1998

16, 1998

16 Apr 1998

Sch 10 (items 65, 66): 16 Apr 1998 (s 2(1))

Sch 10 (item 66)

Competition Policy Reform Act 1995

88, 1995

20 July 1995

Sch 3: never commenced (s 2(2))

as amended by

Civil Aviation Legislation Amendment Act 1998

1, 1998

24 Mar 1998

Sch 4: 6 Nov 1995 (s 2(4))

Transport Legislation Amendment Act (No. 3) 1995

174, 1995

16 Dec 1995

Sch 3 (item 1): 16 Dec 1995 (s 2(1))

Statute Law Revision Act 1996

43, 1996

25 Oct 1996

Sch 2 (item 28): 2 Oct 1997 (s 2(2))

Sch 2 (items 29, 30): 6 July 1995 (s 2(2))

Civil Aviation Amendment Act 1997

14, 1997

20 Mar 1997

20 Mar 1997 (s 2)

Transport Legislation Amendment (Search and Rescue Service) Act 1997

130, 1997

17 Sept 1997

Sch 3: 1 Nov 1997 (s 2(1) and gaz 1997, No S438)

Audit (Transitional and Miscellaneous) Amendment Act 1997

152, 1997

24 Oct 1997

Sch 2 (item 621): 1 Jan 1998 (s 2(2))

Civil Aviation Legislation Amendment Act 1998

1, 1998

24 Mar 1998

Sch 2 (items 1, 3–11): 24 Mar 1998 (s 2(1))

Sch 2 (item 2): 6 July 1995 (s 2(2))

as amended by

Statute Law Revision Act 2002

63, 2002

3 July 2002

Sch 2 (item 3): 24 Mar 1998 (s 2(1) item 32)

Public Employment (Consequential and Transitional) Amendment Act 1999

146, 1999

11 Nov 1999

Sch 1 (item 292): 5 Dec 1999 (s 2(1), (2))

Corporate Law Economic Reform Program Act 1999

156, 1999

24 Nov 1999

Sch 10 (item 69): 13 Mar 2000 (s 2(2)(c) and gaz 2000, No S114)

Civil Aviation Amendment Act 2000

8, 2000

7 Mar 2000

Sch 1 (items 2, 6, 12, 13, 16–18, 20–22, 24–26): 7 Sept 2000 (s 2(3))

Sch 1 (item 28): 15 June 1988 (s 2(4))

Sch 1 (item 29): 6 July 1995 (s 2(5))

Remainder: 7 Mar 2000 (s 2(1))

s 4

Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000

137, 2000

24 Nov 2000

Sch 2 (items 129, 418, 419): 24 May 2001 (s 2(3))

Sch 2 (items 418, 419)

Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2001

143, 2001

1 Oct 2001

s 4 and Sch 3 (items 39–49): 2 Oct 2001 (s 2)

s 4

Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2002

8, 2002

4 Apr 2002

Sch 1 (items 76–81): 5 Apr 2002 (s 2)

Transport Safety Investigation (Consequential Amendments) Act 2003

19, 2003

11 Apr 2003

Sch 1 (items 4A, 5, 5A): 1 July 2003 (s 2(1) item 2)

Civil Aviation Legislation Amendment Act 2003

83, 2003

6 Sept 2003

Sch 1 (items 1–3, 8–18): 6 Sept 2004 (s 2(1) items 2–4, 6)

Sch 1 (items 4–7, 19–23): 6 Sept 2003 (s 2(1) items 5, 7)

Civil Aviation Amendment Act 2003

105, 2003

21 Oct 2003

s 4 and Sch 1 (items 1, 3, 6–8, 10–13, 18–48): 21 Oct 2003 (s 2(1) items 1, 2, 4, 6, 8, 10)

Sch 1 (items 2, 4, 5, 9, 14–17): 20 Feb 2004 (s 2(1) items 3, 5, 7, 9)

s 4

Aviation Security Amendment Act 2004

149, 2004

14 Dec 2004

Sch 1 (items 7–10): 10 Mar 2005 (s 2(1) item 2)

Civil Aviation Amendment Act 2005

86, 2005

6 July 2005

Sch 1 (items 1, 4–6) and Sch 2: 6 July 2005 (s 2)

Sch 1 (items 4–6)

Civil Aviation Legislation Amendment (Mutual Recognition with New Zealand) Act 2006

102, 2006

16 Sept 2006

Sch 1 (items 1–38): 30 Mar 2007 (s 2(1) items 2–6)

Maritime Transport and Offshore Facilities Security Amendment (Security Plans and Other Measures) Act 2006

109, 2006

27 Sept 2006

Sch 2 (items 17–22): 27 Sept 2006 (s 2(1) item 3)

Airspace (Consequentials and Other Measures) Act 2007

39, 2007

30 Mar 2007

Sch 1: 1 July 2007 (s 2(1) item 2)

Sch 2 (items 4, 5): 30 Mar 2007 (s 2(1) item 3)

Aviation Legislation Amendment (2007 Measures No. 1) Act 2007

131, 2007

20 Aug 2007

Sch 1 (items 23–25): 21 Aug 2007 (s 2)

Civil Aviation Legislation Amendment (1999 Montreal Convention and Other Measures) Act 2008

79, 2008

12 July 2008

Sch 1 (items 14, 15): 24 Jan 2009 (s 2(1) item 2)

Aviation Legislation Amendment (2008 Measures No. 1) Act 2008

86, 2008

20 Sept 2008

Sch 1 (items 8–10): 20 Sept 2008 (s 2)

Aviation Legislation Amendment (International Airline Licences and Carriers’ Liability Insurance) Act 2008

87, 2008

20 Sept 2008

Sch 1 (item 25) and Sch 2 (items 1–28, 48, 49(1)–(6), 50(1), 51, 53): 20 Mar 2009 (s 2(1) items 2–4)

Sch 2 (items 48, 49(1)–(6), 50(1), 53)

Civil Aviation Amendment Act 2009

19, 2009

26 Mar 2009

Sch 1 (items 1–25) and Sch 3 (items 1–6): 1 July 2009 (s 2(1) items 2, 6)

Sch 2 and Sch 3 (items 7–29): 27 Mar 2009 (s 2(1) items 3–5, 7)

Sch 1 (item 25), Sch 2 (item 28) and Sch 3 (items 28, 29)

Transport Safety Investigation Amendment Act 2009

20, 2009

26 Mar 2009

Sch 1 (item 70): 1 July 2009 (s 2(1) item 4)

Aviation Legislation Amendment (2008 Measures No. 2) Act 2009

26, 2009

26 Mar 2009

s 4 and Sch 1 (item 26): 26 Mar 2009 (s 2(1) items 1, 5)

Sch 1 (items 10, 11): 1 July 2009 (s 2(1) item 3)

s 4 and Sch 1 (item 26)

as amended by

Freedom of Information Amendment (Reform) Act 2010

51, 2010

31 May 2010

Sch 5 (items 9, 10): 1 Nov 2010 (s 2(1) item 7)

Customs Legislation Amendment (Name Change) Act 2009

33, 2009

22 May 2009

Sch 2 (item 14): 23 May 2009 (s 2)

Disability Discrimination and Other Human Rights Legislation Amendment Act 2009

70, 2009

8 July 2009

Sch 3 (item 15): 5 Aug 2009 (s 2(1) item 7)

Statute Law Revision Act 2010

8, 2010

1 Mar 2010

Sch 1 (item 6) and Sch 5 (item 137(a)): 1 Mar 2010 (s 2(1) items 2, 38)

Statute Law Revision Act 2011

5, 2011

22 Mar 2011

Sch 5 (items 46, 47): 19 Apr 2011 (s 2(1) item 13)

Acts Interpretation Amendment Act 2011

46, 2011

27 June 2011

Sch 2 (items 349–359) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 3, 12)

Sch 3 (items 10, 11)

International Interests in Mobile Equipment (Cape Town Convention) (Consequential Amendments) Act 2013

92, 2013

28 June 2013

Sch 1 (item 3): 1 Sept 2015 (s 2(1) item 2)

Civil Aviation Amendment (CASA Board) Act 2014

27, 2014

9 Apr 2014

9 Apr 2014 (s 2)

Statute Law Revision Act (No. 1) 2014

31, 2014

27 May 2014

Sch 4 (item 24): 24 June 2014 (s 2(1) item 9)

Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014

62, 2014

30 June 2014

Sch 8 (items 23–39) and Sch 14: 1 July 2014 (s 2(1) items 6, 14)

Sch 14

as amended by

Public Governance and Resources Legislation Amendment Act (No. 1) 2015

36, 2015

13 Apr 2015

Sch 2 (items 7–9) and Sch 7: 14 Apr 2015 (s 2)

Sch 7

as amended by

Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015

126, 2015

10 Sept 2015

Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2)

Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015

126, 2015

10 Sept 2015

Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2)

Statute Law Revision Act (No. 1) 2015

5, 2015

25 Feb 2015

Sch 3 (items 55–60): 25 Mar 2015 (s 2(1) item 10)

Customs and Other Legislation Amendment (Australian Border Force) Act 2015

41, 2015

20 May 2015

Sch 5 (items 22, 23) and Sch 9: 1 July 2015 (s 2(1) items 2, 7)

Sch 5 (item 23) and Sch 9

as amended by

Australian Border Force Amendment (Protected Information) Act 2017

115, 2017

30 Oct 2017

Sch 1 (item 26): 1 July 2015 (s 2(1) item 2)

Norfolk Island Legislation Amendment Act 2015

59, 2015

26 May 2015

Sch 2 (item 92): 1 July 2016 (s 2(1) item 5)

Sch 2 (items 356–396): 18 June 2015 (s 2(1) item 6)

Sch 2 (items 356–396)

as amended by

Territories Legislation Amendment Act 2016

33, 2016

23 Mar 2016

Sch 2: 24 Mar 2016 (s 2(1) item 2)

Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015

126, 2015

10 Sept 2015

Sch 1 (items 108–119): 5 Mar 2016 (s 2(1) item 2)

Statute Law Revision Act (No. 1) 2016

4, 2016

11 Feb 2016

Sch 4 (items 1, 53–55): 10 Mar 2016 (s 2(1) item 6)

Statute Update Act 2016

61, 2016

23 Sept 2016

Sch 3 (item 6): 21 Oct 2016 (s 2(1) item 1)

Statute Law Revision (Spring 2016) Act 2016

67, 2016

20 Oct 2016

Sch 1 (items 11, 12): 17 Nov 2016 (s 2(1) item 2)

Civil Aviation Amendment Act 2019

99, 2019

6 Nov 2019

7 Nov 2019 (s 2(1) item 1)

Civil Aviation Amendment (Unmanned Aircraft Levy Collection and Payment) Act 2020

143, 2020

17 Dec 2020

18 Dec 2020 (s 2(1) item 1)

Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024

39, 2024

14 Oct 2024

Sch 12 (items 31–37): 14 Oct 2024 (s 2(1) item 2)

Endnote 4Amendment history

Provision affected

How affected

Title...........................................

am No 11, 1991; No 82, 1995

Part I

s 3.............................................

am No 6, 1989; No 25, 1990; No 11, 1991; No 101, 1991; No 173, 1991; No 196, 1992 (as am by No 168, 1994); No 5, 1994; No 82, 1995; No 14, 1997; No 130, 1997; No 8, 2000; No 83, 2003; No 105, 2003; No 102, 2006; No 39, 2007; No 87, 2008; No 19, 2009; No 33, 2009; No 8, 2010; No 5, 2011; No 62, 2014; No 41, 2015; No 126, 2015; No 143, 2020

s 3AA........................................

ad No 102, 2006

s 3A...........................................

ad No 82, 1995

s 4.............................................

am No 19, 2003

s 4A...........................................

ad No 5, 1994

am No 82, 1995; No 43, 1996; No 61, 2016

s 5.............................................

am No 82, 1995; No 59, 2015

s 7.............................................

am No 5, 1994; No 82, 1995; No 86, 2005; No 102, 2006

s 7A...........................................

ad No 143, 2001

Part II

Part II heading............................

rs No 82, 1995

s 8.............................................

am No 82, 1995; No 152, 1997; No 62, 2014

s 9.............................................

am No 11, 1991; No 173, 1991

rs No 82, 1995

am No 19, 2003; No 83, 2003; No 149, 2004; No 86, 2005; No 102, 2006; No 39, 2007; No 131, 2007; No 87, 2008; No 20, 2009; No 92, 2013

s 9AA........................................

ad No 173, 1991

rep No 82, 1995

s 9A...........................................

ad No 11, 1991

rs No 82, 1995

am No 99, 2019

s 10............................................

am No 25, 1990

rep No 82, 1995

s 10A.........................................

ad No 5, 1994

rep No 82, 1995

s 11............................................

am No 82, 1995

s 11A.........................................

ad No 25, 1990

rep No 82, 1995

ad No 39, 2007

s 12............................................

am No 11, 1991; No 82, 1995 (as am by No 152, 1997); No 105, 2003; No 19, 2009; No 62, 2014

s 12A.........................................

ad No 82, 1995

am No 105, 2003; No 19, 2009

s 12B.........................................

ad No 82, 1995

s 12C.........................................

ad No 105, 2003

rep No 19, 2009

s 12D.........................................

ad No 105, 2003

rep No 19, 2009

s 13............................................

am No 25, 1990; No 82, 1995

s 14............................................

rs No 25, 1990

rep No 82, 1995

s 15............................................

rs No 25, 1990

rep No 82, 1995

s 16............................................

am No 82, 1995

Part III

Division 1

Division 1 heading......................

ad No 82, 1995

s 17............................................

rep No 82, 1995

s 18............................................

rs No 82, 1995

am No 1, 1998

rep No 87, 2008

s 19............................................

am No 5, 1994; No 82, 1995; No 143, 2001

s 20AA......................................

ad No 173, 1991

am No 71, 1992; No 8, 2000; No 8, 2002; No 83, 2003

s 20AB.......................................

ad No 173, 1991

am No 8, 2000; No 83, 2003

s 20AC.......................................

ad No 173, 1991

am No 8, 2000

s 20............................................

am No 82, 1995

s 20A.........................................

ad No 25, 1990

am No 82, 1995

rs No 143, 2001

s 21............................................

am No 25, 1990; No 82, 1995; No 143, 2001

s 22............................................

am No 25, 1990

s 23............................................

am No 25, 1990; No 82, 1995; No 143, 2001; No 8, 2002; No 86, 2008; No 19, 2009

s 23A.........................................

ad No 25, 1990

rs No 11, 1991

am No 5, 1994; No 137, 2000

s 23B.........................................

ad No 25, 1990

am No 5, 1994

s 24............................................

am No 25, 1990; No 8, 2002; No 83, 2003; No 131, 2007

s 25............................................

am No 82, 1995; No 86, 2005; No 87, 2008

s 26............................................

am No 82, 1995; No 102, 2006; No 87, 2008; No 19, 2009; No 67, 2016

Division 1A

Division 1A................................

ad No 102, 2006

s 26A.........................................

ad No 102, 2006

am No 102, 2006

s 26B.........................................

ad No 102, 2006

s 26C.........................................

ad No 102, 2006

s 26D.........................................

ad No 102, 2006

s 26E.........................................

ad No 102, 2006

Division 2

Division 2 heading......................

ad No 82, 1995

Subdivision A

Subdivision A heading.................

ad No 82, 1995

s 27............................................

am No 25, 1990; No 5, 1994; No 82, 1995; No 8, 2000; No 102, 2006

Subdivision B

Subdivision B.............................

ad No 82, 1995

s 27AA......................................

ad No 82, 1995

s 27AB.......................................

ad No 82, 1995

am No 8, 2000

s 27AC.......................................

ad No 82, 1995

am No 83, 2003; No 87, 2008

s 27AD......................................

ad No 82, 1995

s 27AE.......................................

ad No 82, 1995

am No 8, 2000; No 102, 2006; No 19, 2009

s 27AF.......................................

ad No 82, 1995

am No 87, 2008

Subdivision C

Subdivision C heading.................

ad No 82, 1995

rs No 86, 2005

s 27A.........................................

ad No 5, 1994

am No 82, 1995; No 8, 2000; No 87, 2008; No 19, 2009

Subdivision D

Subdivision D heading.................

ad No 82, 1995

s 28............................................

rs No 5, 1994; No 82, 1995

am No 1, 1998; No 8, 2000; No 83, 2003; No 102, 2006; No 87, 2008; No 19, 2009

s 28A.........................................

ad No 5, 1994

am No 82, 1995; No 83, 2003

s 28AA......................................

ad No 19, 2009

s 28B.........................................

ad No 102, 2006

Subdivision E

Subdivision E.............................

ad No 82, 1995

s 28BA.......................................

ad No 82, 1995

am No 1, 1998; No 105, 2003; No 86, 2005; No 102, 2006; No 87, 2008

s 28BAA....................................

ad No 86, 2005

am No 102, 2006

s 28BB.......................................

ad No 82, 1995

s 28BC.......................................

ad No 82, 1995

am No 1, 1998; No 8, 2000; No 79, 2008; No 87, 2008

s 28BD.......................................

ad No 82, 1995

am No 102, 2006

s 28BE.......................................

ad No 82, 1995

am No 5, 2015

s 28BF.......................................

ad No 82, 1995

s 28BG.......................................

ad No 82, 1995

s 28BH.......................................

ad No 82, 1995

s 28BI........................................

ad No 1, 1998 (as am by No 63, 2002)

rs No 87, 2008

Subdivision F

Subdivision F..............................

ad No 102, 2006

s 28C.........................................

ad No 102, 2006

am No 31, 2014; No 4, 2016

s 28D.........................................

ad No 102, 2006

s 28E.........................................

ad No 102, 2006

s 28F..........................................

ad No 102, 2006

s 28G.........................................

ad No 102, 2006

Division 3

Division 3 heading......................

ad No 82, 1995

s 29............................................

am No 25, 1990

rs No 143, 2001

s 30A.........................................

ad No 173, 1991

am No 5, 1994; No 82, 1995

s 30B.........................................

ad No 173, 1991

am No 82, 1995

s 30C.........................................

ad No 173, 1991

am No 82, 1995

Division 3A

Division 3A................................

ad No 105, 2003

Subdivision A

s 30DA......................................

ad No 105, 2003

Subdivision B

s 30DB.......................................

ad No 105, 2003

s 30DC.......................................

ad No 105, 2003

s 30DD......................................

ad No 105, 2003

Subdivision C

s 30DE.......................................

ad No 105, 2003

s 30DF.......................................

ad No 105, 2003

Subdivision D

s 30DG......................................

ad No 105, 2003

s 30DH......................................

ad No 105, 2003

s 30DI........................................

ad No 105, 2003

s 30DJ........................................

ad No 105, 2003

Division 3B

Division 3B................................

ad No 105, 2003

s 30DK......................................

ad No 105, 2003

am No 19, 2009; No 8, 2010

Division 3C

Division 3C................................

ad No 105, 2003

Subdivision A

s 30DL.......................................

ad No 105, 2003

s 30DM......................................

ad No 105, 2003

s 30DN......................................

ad No 105, 2003

Subdivision B

s 30DO......................................

ad No 105, 2003

am No 19, 2009

s 30DP.......................................

ad No 105, 2003

s 30DQ......................................

ad No 105, 2003

am No 19, 2009

s 30DR.......................................

ad No 105, 2003

Division 3D

Division 3D................................

ad No 105, 2003

Subdivision A

s 30DS.......................................

ad No 105, 2003

s 30DT.......................................

ad No 105, 2003

s 30DU......................................

ad No 105, 2003

s 30DV......................................

ad No 105, 2003

am No 39, 2024

Subdivision B

s 30DW......................................

ad No 105, 2003

s 30DX......................................

ad No 105, 2003

am No 19, 2009

Subdivision C

s 30DY......................................

ad No 105, 2003

am No 19, 2009

s 30DZ.......................................

ad No 105, 2003

am No 19, 2009

s 30EA.......................................

ad No 105, 2003

s 30EB.......................................

ad No 105, 2003

am No 39, 2024

s 30EC.......................................

ad No 105, 2003

am No 19, 2009

s 30ED.......................................

ad No 105, 2003

s 30EE.......................................

ad No 105, 2003

am No 19, 2009

Subdivision D

s 30EF.......................................

ad No 105, 2003

Subdivision E

s 30EG.......................................

ad No 105, 2003

s 30EH.......................................

ad No 105, 2003

s 30EI........................................

ad No 105, 2003

am No 19, 2009

s 30EJ........................................

ad No 105, 2003

Division 4

Division 4 heading......................

ad No 82, 1995

s 31............................................

am No 105, 2003; No 39, 2024

s 31A.........................................

ad No 105, 2003

am No 19, 2009; No 39, 2024

s 31B.........................................

ad No 105, 2003

s 31C.........................................

ad No 105, 2003

rs No 19, 2009

s 31D.........................................

ad No 105, 2003

s 32............................................

am No 25, 1990; No 82, 1995; No 105, 2003

Part IIIA

Part IIIA.....................................

ad No 101, 1991

Division 1

Division 1 heading......................

ad No 19, 2009

s 32AA......................................

ad No 101, 1991

am No 82, 1995; No 19, 2009

s 32AB.......................................

ad No 101, 1991

am No 5, 1994; No 82, 1995; No 143, 2001; No 19, 2009

Division 2

Division 2 heading......................

ad No 19, 2009

Subdivision A

Subdivision A heading.................

ad No 19, 2009

s 32AC.......................................

ad No 101, 1991

am No 102, 2006

rs No 19, 2009

s 32ACA....................................

ad No 19, 2009

s 32ACB....................................

ad No 19, 2009

Subdivision B

Subdivision B heading.................

ad No 19, 2009

s 32AD......................................

ad No 101, 1991

am No 102, 2006; No 19, 2009

s 32AE.......................................

ad No 101, 1991

rep No 19, 2009

s 32AF.......................................

ad No 101, 1991

am No 71, 1992; No 19, 2009

s 32AG......................................

ad No 101, 1991

s 32AH......................................

ad No 101, 1991

am No 82, 1995

rs No 19, 2009

Subdivision C

Subdivision C heading.................

ad No 19, 2009

s 32AHA....................................

ad No 19, 2009

s 32AHB....................................

ad No 19, 2009

s 32AHC....................................

ad No 19, 2009

s 32AHD....................................

ad No 19, 2009

s 32AHE....................................

ad No 19, 2009

s 32AHF....................................

ad No 19, 2009

s 32AHG....................................

ad No 19, 2009

s 32AHH....................................

ad No 19, 2009

s 32AHI.....................................

ad No 19, 2009

s 32AHJ.....................................

ad No 19, 2009

s 32AHK....................................

ad No 19, 2009

s 32AHL....................................

ad No 19, 2009

s 32AHM...................................

ad No 19, 2009

s 32AHN....................................

ad No 19, 2009

s 32AHA....................................

ad No 8, 2000

am No 83, 2003; No 19, 2009

s 32AHO (prev s 32AHA)............

renum No 19, 2009

am No 67, 2016

s 32AJ........................................

ad No 101, 1991

am No 5, 1994; No 8, 2002

s 32AK......................................

ad No 101, 1991

am No 5, 1994; No 143, 2001

s 32AL.......................................

ad No 82, 1995

rep No 174, 1995

ad No 8, 2000

am No 83, 2003

s 32AM......................................

ad No 8, 2000

Division 3

Division 3..................................

ad No 19, 2009

s 32AMA...................................

ad No 19, 2009

s 32AMB...................................

ad No 19, 2009

s 32AMC...................................

ad No 19, 2009

s 32AMD...................................

ad No 19, 2009

s 32AME....................................

ad No 19, 2009

Division 4

Division 4..................................

ad No 19, 2009

s 32AMF....................................

ad No 19, 2009

s 32AMG...................................

ad No 19, 2009

Part IIIB

Part IIIB.....................................

ad No 19, 2003

s 32AN......................................

ad No 19, 2003

am No 87, 2008

s 32AO......................................

ad No 19, 2003

s 32AP.......................................

ad No 19, 2003

am No 26, 2009; No 4, 2016

s 32AQ......................................

ad No 19, 2003

s 32AR.......................................

ad No 19, 2003

s 32AS.......................................

ad No 19, 2003

s 32AT.......................................

ad No 19, 2003

s 32AU......................................

ad No 19, 2003

Part IV

Part IV heading...........................

am No 25, 1990; No 82, 1995

rep No 105, 2003

ad No 131, 2007

Part IV.......................................

rep No 105, 2003

ad No 131, 2007

Division 1

s 32A.........................................

ad No 25, 1990

rs No 82, 1995

rep No 105, 2003

s 32B.........................................

ad No 25, 1990

am No 82, 1995

rep No 105, 2003

s 33............................................

am No 25, 1990

rs No 82, 1995

am No 14, 1997

rep No 105, 2003

ad No 131, 2007

Division 2

s 34............................................

am No 25, 1990; No 82, 1995

rep No 105, 2003

ad No 131, 2007

s 35............................................

am No 25, 1990; No 82, 1995

rep No 105, 2003

ad No 131, 2007

s 36............................................

rep No 105, 2003

ad No 131, 2007

s 37............................................

am No 25, 1990

rs No 101, 1991

am No 146, 1999

rep No 105, 2003

ad No 131, 2007

s 38............................................

am No 82, 1995; No 43, 1996; No 14, 1997

rep No 105, 2003

ad No 131, 2007

s 39............................................

am No 25, 1990; No 82, 1995; No 14, 1997

rep No 105, 2003

ad No 131, 2007

s 39A.........................................

ad No 25, 1990

rep No 105, 2003

s 39B.........................................

ad No 25, 1990

rep No 105, 2003

s 40............................................

am No 25, 1990

rep No 82, 1995

s 41............................................

am No 82, 1995

rep No 105, 2003

s 42............................................

am No 25, 1990; No 101, 1991; No 82, 1995 (as am by No 152, 1997); No 156, 1999

rep No 105, 2003

Part V

Part V........................................

rs No 82, 1995

s 43............................................

am No 25, 1990

rep No 82, 1995

s 44............................................

am No 25, 1990

rs No 82, 1995

am No 105, 2003; No 19, 2009

rs No 62, 2014

s 45............................................

am No 25, 1990

rs No 82, 1995

am No 43, 1996; No 105, 2003; No 19, 2009

Part VI

Part VI.......................................

rs No 82, 1995

s 46............................................

am No 25, 1990

rs No 82, 1995

am No 5, 2011

s 46A.........................................

ad No 143, 2020

s 47............................................

am No 25, 1990

rs No 82, 1995

am No 82, 1995 (as am by No 152, 1997); No 62, 2014

s 48............................................

am No 71, 1992

rs No 82, 1995

rep No 82, 1995

s 48A.........................................

ad No 25, 1990

rep No 82, 1995

s 49............................................

rs No 82, 1995

am No 82, 1995 (as am by No 152, 1997); No 105, 2003; No 19, 2009

rs No 62, 2014

s 50............................................

rs No 82, 1995

Part VII

Part VII heading..........................

am No 82, 1995

rs No 19, 2009

Part VII......................................

rs No 19, 2009

Division 1

s 51............................................

rep No 82, 1995

ad No 19, 2009

s 52............................................

rep No 82, 1995

ad No 19, 2009

am No 27, 2014; No 62, 2014

s 53............................................

rep No 82, 1995

ad No 19, 2009

Division 2

s 54............................................

rep No 82, 1995

ad No 19, 2009

s 54A.........................................

ad No 25, 1990

rep No 82, 1995

s 55............................................

am No 55, 1988; No 25, 1990; No 173, 1991

rep No 82, 1995

ad No 19, 2009

am No 46, 2011

s 56............................................

am No 25, 1990

rep No 82, 1995

ad No 19, 2009

s 57............................................

rep No 82, 1995

ad No 19, 2009

s 58............................................

am No 25, 1990

rep No 82, 1995

ad No 19, 2009

s 59............................................

rep No 82, 1995

ad No 19, 2009

s 60............................................

rep No 82, 1995

ad No 19, 2009

am No 62, 2014

s 61............................................

rep No 25, 1990

ad No 19, 2009

s 62............................................

am No 25, 1990

rep No 82, 1995

ad No 19, 2009

am No 46, 2011

s 62A.........................................

ad No 173, 1991

rep No 82, 1995

s 63............................................

am No 25, 1990

rep No 82, 1995

ad No 19, 2009

am No 46, 2011

Division 3

Subdivision A

s 64............................................

am No 25, 1990

rep No 82, 1995

ad No 19, 2009

am No 27, 2014

s 65............................................

am No 5, 1994

rep No 82, 1995

ad No 19, 2009

s 66............................................

am No 25, 1990; No 11, 1991; No 216, 1992; No 5, 1994

rep No 82, 1995

ad No 19, 2009

am No 27, 2014; No 62, 2014

s 67............................................

rep No 82, 1995

ad No 19, 2009

s 68............................................

rep No 82, 1995

ad No 19, 2009

s 69............................................

am No 173, 1991

rep No 82, 1995

ad No 19, 2009

Subdivision B

s 70............................................

rep No 82, 1995

ad No 19, 2009

am No 62, 2014

s 71............................................

rep No 82, 1995

ad No 19, 2009

Part VIIA

Part VIIA...................................

ad No 19, 2009

Division 1

s 72............................................

rep No 82, 1995

ad No 19, 2009

s 73............................................

rep No 82, 1995

ad No 19, 2009

s 74............................................

rep No 82, 1995

ad No 19, 2009

am No 46, 2011

s 75............................................

am No 71, 1992

rep No 82, 1995

ad No 19, 2009

s 76............................................

rep No 82, 1995

ad No 19, 2009

s 77............................................

rep No 82, 1995

ad No 19, 2009

s 78............................................

am No 25, 1990

rep No 82, 1995

ad No 19, 2009

s 78A.........................................

ad No 173, 1991

rep No 82, 1995

s 79............................................

rep No 82, 1995

ad No 19, 2009

s 80............................................

am No 25, 1990

rep No 82, 1995

ad No 19, 2009

s 81............................................

rep No 82, 1995

ad No 19, 2009

am No 62, 2014

s 82............................................

rep No 82, 1995

ad No 19, 2009

am No 46, 2011

Division 2

s 83............................................

rep No 82, 1995

ad No 19, 2009

Division 3..................................

ad No 71, 1992

rep No 82, 1995

s 83A.........................................

ad No 71, 1992

rep No 82, 1995

s 83B.........................................

ad No 71, 1992

rep No 82, 1995

s 83C.........................................

ad No 71, 1992

rep No 82, 1995

s 83D.........................................

ad No 71, 1992

rep No 82, 1995

s 83E.........................................

ad No 71, 1992

rep No 82, 1995

s 84............................................

am No 25, 1990

rs No 82, 1995

am No 105, 2003

rs No 19, 2009

s 84A.........................................

ad No 25, 1990

am No 82, 1995; No 105, 2003

rep No 19, 2009

s 84B.........................................

ad No 105, 2003

rep No 19, 2009

s 84C.........................................

ad No 105, 2003

rep No 19, 2009

s 85............................................

am No 25, 1990; No 82, 1995; No 105, 2003

rep No 19, 2009

s 86............................................

rs No 25, 1990; No 82, 1995

am No 105, 2003

rep No 19, 2009

s 87............................................

am No 25, 1990; No 82, 1995; No 105, 2003

rep No 19, 2009

s 88............................................

am No 25, 1990; No 82, 1995; No 105, 2003

rep No 19, 2009

s 89............................................

rs No 25, 1990

am No 82, 1995; No 105, 2003

rep No 19, 2009

s 90............................................

am No 25, 1990; No 82, 1995; No 105, 2003

rep No 19, 2009

s 91............................................

rs No 25, 1990

am No 82, 1995; No 105, 2003

rep No 19, 2009

s 92............................................

am No 82, 1995

rep No 19, 2009

Part VIII

s 93............................................

am No 25, 1990

rep No 82, 1995

s 94............................................

rs No 25, 1990

am No 82, 1995

rs No 105, 2003

am No 19, 2009

s 94A.........................................

ad No 25, 1990

rs No 105, 2003

rep No 19, 2009

s 95............................................

rep No 82, 1995

ad No 19, 2009

s 95A.........................................

ad No 19, 2009

s 95B.........................................

ad No 143, 2020

s 96............................................

rs No 82, 1995

am No 105, 2003; No 19, 2009

s 97............................................

am No 21, 1989

rs No 82, 1995

s 97AA......................................

ad No 8, 2000

s 97AB.......................................

ad No 8, 2000

am No 105, 2003

s 97A.........................................

ad No 25, 1990

am No 143, 2001; No 19, 2009; No 5, 2015

s 98............................................

am No 25, 1990; No 11, 1991; No 101, 1991; No 173, 1991; No 216, 1992; No 5, 1994; No 82, 1995; No 130, 1997; No 8, 2000; No 105, 2003; No 149, 2004; No 86, 2005; No 102, 2006; No 109, 2006; No 39, 2007; No 87, 2008; No 19, 2009; No 70, 2009; No 126, 2015; No 143, 2020

Part IX.......................................

rep No 82, 1995

s 99............................................

rep No 82, 1995

Part X........................................

rep No 82, 1995

s 100..........................................

rep No 82, 1995

s 101..........................................

rep No 82, 1995

s 102..........................................

rep No 82, 1995

s 103..........................................

rep No 82, 1995

Schedule....................................

am No 6, 1989

rep No 82, 1995

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