Civil Aviation Legislation Amendment (Part 117) Regulation 2013

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Legislation au F2013L01539 Regulations Not in force Legislative Instrument

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Civil Aviation Legislation Amendment (Part 117) Regulation 2013

Select Legislative Instrument No. 222, 2013 as amended

made under the

Civil Aviation Act 1988

Compilation start date:  26 November 2013

Includes amendments up to: SLI No. 254, 2013

Includes uncommenced provisions: see section 2

 

About this compilation

This compilation

This is a compilation of the Civil Aviation Legislation Amendment (Part 117) Regulation 2013 as in force on 26 November 2013. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 3 December 2013.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

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

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

 

 

Contents

1 Name of regulation

2 Commencement

3 Authority

4 Schedule(s)

Schedule 1—Amendments

Civil Aviation Regulations 1988

Civil Aviation Safety Regulations 1998

 

1  Name of regulation

  This regulation is the Civil Aviation Legislation Amendment (Part 117) Regulation 2013.

2  Commencement

  This regulation commences on 1 September 2014.

3  Authority

  This regulation is made under the Civil Aviation Act 1988.

4  Schedule(s)

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

 

Civil Aviation Regulations 1988

1  Regulation 210

Repeal the regulation.

Civil Aviation Safety Regulations 1998

2  After Part 115

Insert:

Part 117—Representations and surveys

 

Contents of Part 117

117.005 What this Part is about

117.010 Misrepresentations about holding certain civil aviation authorisations

117.015 Safety‑related surveys or questionnaires—holders of certain civil aviation authorisations

117.005  What this Part is about

  This Part provides for offences for:

 (a) misrepresentations about holding certain civil aviation authorisations; and

 (b) not completing safety‑related surveys or questionnaires.

117.010  Misrepresentations about holding certain civil aviation authorisations

 (1) A person commits an offence if:

 (a) the person represents to another person, in any way, that the person is willing to conduct an activity using an aircraft; and

 (b) the person does not hold a particular civil aviation authorisation authorising the person to conduct the activity using the aircraft; and

 (c) under the Act or these Regulations, it is an offence for a person to conduct the activity using the aircraft if the person does not hold the civil aviation authorisation.

Penalty: 50 penalty units.

 (2) An offence against this regulation is an offence of strict liability.

Note: For the definition of civil aviation authorisation, see section 3 of the Act.

117.015  Safety‑related surveys or questionnaires—holders of certain civil aviation authorisations

 (1) CASA may, by written notice given to a person mentioned in subregulation (2), direct the person to:

 (a) complete a safety‑related survey or questionnaire by accurately answering all mandatory questions in the survey or questionnaire; and

 (b) submit the completed survey or questionnaire to CASA within the time stated in the notice.

 (2) For subregulation (1), the persons are the following:

 (a) the holder of an AOC;

 (b) a Part 141 operator who conducts flight training in aircraft.

 (3) The person may, before the end of the time stated in the notice, apply in writing to CASA for an extension.

 (4) CASA may, by written notice given to the person (the notice of extension), grant the extension.

 (5) The person commits an offence if the person does not comply with the direction within:

 (a) if CASA grants an extension under subregulation (4)—the time stated in the notice of extension; or

 (b) if paragraph (a) does not apply—the time stated in the notice under subregulation (1).

Penalty: 25 penalty units.

 (6) An offence against this regulation is an offence of strict liability.

Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

 

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

 

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

 

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

 

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

 

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

 

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

 

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

 

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

 

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

pres = present

am = amended

prev = previous

c = clause(s)

(prev) = previously

Ch = Chapter(s)

Pt = Part(s)

def = definition(s)

r = regulation(s)/rule(s)

Dict = Dictionary

Reg = Regulation/Regulations

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expired or ceased to have effect

rep = repealed

hdg = heading(s)

rs = repealed and substituted

LI = Legislative Instrument

s = section(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

mod = modified/modification

Sdiv = Subdivision(s)

No = Number(s)

SLI = Select Legislative Instrument

o = order(s)

SR = Statutory Rules

Ord = Ordinance

Sub‑Ch = Sub‑Chapter(s)

orig = original

SubPt = Subpart(s)

par = paragraph(s)/subparagraph(s)

/sub‑subparagraph(s)

 

 

Endnote 3—Legislation history

 

Number and year

FRLI registration

Commencement

Application, saving and transitional provisions

222, 2013

8 Aug 2013 (see F2013L01539)

(see s 2)

 

254, 2013

25 Nov 2013 (see F2013L01976)

Sch 1 (item 1): 26 Nov 2013

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.....................

am No 254, 2013

 

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]

 

Overview

The Civil Aviation Legislation Amendment (Part 117) Regulation 2013 was enacted to address the need for stricter enforcement and compliance mechanisms within the aviation industry, particularly concerning the representation of holding certain civil aviation authorisations and the completion of safety-related surveys or questionnaires. This legislative instrument was made under the authority of the Civil Aviation Act 1988. The primary policy objective is to enhance safety and regulatory compliance by establishing specific offences related to misrepresentations and non-compliance with safety surveys, thereby ensuring that individuals and entities operating within the civil aviation sector adhere to the required standards and authorisations. The regulation came into effect on 1 September 2014, introducing new provisions and amendments to existing regulations to strengthen the regulatory framework governing civil aviation activities.

Scope and Application

The Civil Aviation Legislation Amendment (Part 117) Regulation 2013 applies to the Civil Aviation Regulations 1988 and the Civil Aviation Safety Regulations 1998, amending these regulations to introduce new offences and requirements related to civil aviation authorisations. This regulation applies to any person who holds a particular civil aviation authorisation or is involved in activities using aircraft, including Air Operator Certificate (AOC) holders and Part 141 operators conducting flight training. The regulation extends to the entire Commonwealth of Australia, enforced by the Civil Aviation Safety Authority (CASA). It introduces strict liability offences for misrepresenting the holding of certain authorisations and failing to complete safety-related surveys or questionnaires as directed by CASA. The regulation is made under the authority of the Civil Aviation Act 1988 and came into effect on 1 September 2014. It also includes provisions for modifications through subordinate instruments, although none are currently in effect for this regulation.

Key Provisions

The Civil Aviation Legislation Amendment (Part 117) Regulation 2013, made under the Civil Aviation Act 1988, brings about specific changes to the Civil Aviation Regulations 1988 and Civil Aviation Safety Regulations 1998. The regulation commences on 1 September 2014 and introduces new offences related to misrepresentations about holding certain civil aviation authorisations and non-compliance with safety-related surveys or questionnaires. Under section 117.010, a person commits an offence if they represent to another person that they are willing to conduct an activity using an aircraft when they do not hold the requisite civil aviation authorisation, and if it is an offence to conduct the activity without the authorisation. The offence is one of strict liability, with a penalty of 50 penalty units. Similarly, section 117.015 mandates that the Civil Aviation Safety Authority (CASA) can direct holders of certain civil aviation authorisations, such as an Air Operator’s Certificate (AOC) or a Part 141 operator conducting flight training, to complete and submit safety-related surveys or questionnaires. Failure to comply within the specified timeframe, including any granted extension, is also an offence of strict liability, with a penalty of 25 penalty units. The obligations imposed by this regulation primarily fall on individuals and entities holding specific civil aviation authorisations. These entities must ensure they hold the necessary authorisations before representing their willingness to conduct activities using aircraft and must complete and submit any required safety-related surveys or questionnaires within the stipulated timeframes. CASA has the authority to issue notices for such surveys or questionnaires and to grant extensions upon request. The regulation aims to enhance the safety and regulatory compliance within the civil aviation sector by penalising misrepresentations and non-compliance with safety directives. Failure to comply with the requirements set out in this regulation can result in significant consequences. As per section 117.010, misrepresentations about holding certain civil aviation authorisations are subject to a penalty of 50 penalty units. Similarly, non-compliance with the directives to complete and submit safety-related surveys or questionnaires under section 117.015 carries a penalty of 25 penalty units. Both offences are considered offences of strict liability, meaning that intent or negligence on the part of the offender is not required for conviction. The penalties underscore the importance of adherence to civil aviation regulations and the serious nature of non-compliance.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.