(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.

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

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

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

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

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

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

Flying without a certificate of airworthiness

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:

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:

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

A person must not carry out maintenance on:

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

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.

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).

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

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.

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.

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.

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

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.

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

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.

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).

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

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

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.

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.

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

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).

In this section:

officer includes an employee of AA.

This section applies to:

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.

Where:

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.

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.

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.

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:

An aircraft must not carry dangerous goods except:

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

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

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

In this section:

dangerous goods means:

(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.

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.

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.

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:

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.

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

In this section:

dangerous goods has the same meaning as in section 23.

A person commits an offence if:

A person must not tamper with:

(1) Notwithstanding anything in 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:section 14 of the

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.

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.

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:

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

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

CASA must not suspend or cancel a permission granted under subsection (2) or (3), except:

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

Subsection (1) does not apply to anything done:

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:

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:

A permission granted under this section is subject to:

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:

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

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

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

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

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

In this section:

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

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.

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

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

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

CASA may issue AOCs for the purposes of its functions.

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:

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.

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

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

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

An AOC is not transferable.

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

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 B—Application for AOC

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:

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.

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

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

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:

In this section:

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

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

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

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.

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:

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

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.

In this section:

foreign aircraft AOC means:

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) 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 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.Part IVA of the

Subdivision C—Operation of a foreign registered aircraft without AOC

If:

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)).

CASA may only grant the permission if it is satisfied:

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

A permission granted under this section has effect subject to:

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

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

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

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:

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).

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:

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

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.

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

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

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:

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

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:

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

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 E—Conditions of AOC

An AOC has effect subject to the following conditions:

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.

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.

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

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

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.

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.

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

CASA may:

CASA may at any time give a written notice to the holder of an AOC, varying any of the conditions of the AOC that were imposed by CASA. A variation may be made:

An application for variation must:

Section 27AD applies to an application under this section in the same way that section 27AD applies to an application for an AOC.

CASA must not:

CASA must not suspend or cancel an AOC of the kind to which paragraph (1)(a) applies or an authorisation of the kind to which paragraph (1)(b) applies except:

Subject to subsection (1C), CASA may suspend or cancel an AOC of the kind to which paragraph (1)(a) applies or an authorisation to which paragraph (1)(b) applies if the condition of the AOC or the condition relating to the authorisation, as the case may be, that section 28BI is complied with has been breached in relation to any operation, covered by the AOC or authorisation, to which that section applies.

(1C) To the extent that an AOC, or an authorisation contained in a mixed authority AOC, authorises carriage by air that is not covered by Civil Aviation (Carriers’ Liability) Act 1959, CASA does not have power to suspend or cancel the AOC or authorisation because of a breach of the condition that section 28BI is complied with unless the holder of the AOC is a constitutional corporation.Part IA, II, III or IV of the

CASA must not:

CASA must not suspend or cancel an AOC of the kind to which paragraph (2)(a) applies or an authorisation of the kind to which paragraph (2)(b) applies except:

Subject to subsection (2C), CASA may suspend or cancel an AOC of the kind to which paragraph (2)(a) applies or an authorisation to which paragraph (2)(b) applies if the condition of the AOC or the condition relating to the authorisation, as the case may be, that section 28BI is complied with has been breached in relation to any operation, covered by the AOC or authorisation, to which that section applies.

(2C) To the extent that an AOC, or an authorisation contained in a mixed authority AOC, authorises carriage by air that is not covered by Civil Aviation (Carriers’ Liability) Act 1959, CASA does not have power to suspend or cancel the AOC or authorisation because of a breach of the condition that section 28BI is complied with unless the holder of the AOC is a constitutional corporation.Part IA, II, III or IV of the

The financial position of the holder of the AOC is one of the matters that CASA may take into account in forming a view for the purposes of subsection (1), paragraph (1A)(a), subsection (2) and paragraph (2A)(a).

In this section:

mixed authority AOC means an AOC authorising:

The holder of an AOC must comply with all requirements of this Act, the regulations and the Civil Aviation Orders that apply to the holder.

The holder of an Australian AOC with ANZA privileges must comply with all requirements of the Civil Aviation Act 1990 of New Zealand, and of the regulations and rules under that Act, that apply to the holder in relation to the ANZA activities in New Zealand authorised by the AOC.

The holder of an AOC must at all times take all reasonable steps to ensure that every activity covered by the AOC, and everything done in connection with such an activity, is done with a reasonable degree of care and diligence.

If the holder is a body having legal personality, each of its directors must also take the steps specified in subsection (1).

It is evidence of a failure by a body and its directors to comply with this section if an act covered by this section is done without a reasonable degree of care and diligence mainly because of:

No action lies, for damages or compensation, in respect of a contravention of this section.

This section does not affect any duty imposed by, or under, any other law of the Commonwealth, or of a State or Territory, or under the common law.

The holder of an AOC must at all times maintain an appropriate organisation, with a sufficient number of appropriately qualified personnel and a sound and effective management structure, having regard to the nature of the operations covered by the AOC.

The holder must establish and maintain any supervisory positions in the organisation, or in any training and checking organisation established as part of it, that CASA directs, having regard to the nature of the operations covered by the AOC.

The holder of an AOC must maintain a reference library within the organisation, the contents of which must be readily available to all members of the holder’s operating crews.

The contents of the reference library must include:

The holder must keep the contents of the reference library up-to-date and in a readily accessible form.

The holder must keep up-to-date records of the distribution of operational documents to members of the holder’s flight crew and any other people employed in the holder’s organisation, who are employed as cabin crew, or to carry out duties associated with fuelling, loading or despatching aircraft.

(5) In this section, operating crew has the same meaning as in the regulations.

This section applies in relation to an operation covered by an AOC if any of the following provisions apply in relation to the operation:

The holder of the AOC must at all times comply with the applicable provision in relation to the operation.

Subdivision F—Other provisions relating to Australian and New Zealand AOCs with ANZA privileges

A New Zealand AOC with ANZA privileges comes into force for Australia when the holder gives CASA:

If the AOC is varied after it has come into force for Australia, the holder must give CASA a copy of the varied AOC by the end of 7 days after the day on which the holder receives the varied AOC or a copy of it.

If, after the AOC has come into force for Australia, there is a change to:

Subsections (2) and (3) are offences of strict liability.

(1) The Director may give the holder of a New Zealand AOC with ANZA privileges a notice (an Australian temporary stop notice) that requires the holder to cease conducting all or any of the ANZA activities in Australian territory that the AOC authorises for the period (which must not be more than 7 days) specified in the notice.

The Director may issue the notice only if he or she considers that the conduct of the activities to which the notice will apply constitutes a serious risk to civil aviation safety in Australian territory.

Subject to section 28E, the notice comes into force when it is given to the holder and remains in force for the period specified in the notice.

The notice must state the facts and circumstances which, in the Director’s opinion, give rise to the serious risk to civil aviation safety in Australian territory.

The Director must give a copy of the notice to the Director of CAA New Zealand as soon as practicable after the Director of CASA gives the notice to the holder.

A failure to comply with subsection (4) or (5) does not invalidate the notice.

The Director may not delegate the power to give an Australian temporary stop notice.

The Director may revoke an Australian temporary stop notice by notice in writing to the holder of the relevant New Zealand AOC with ANZA privileges.

The Director must revoke an Australian temporary stop notice if, while the notice is in force, CASA receives notice from the Director of CAA New Zealand of that Director’s decision in response to the Australian temporary stop notice, whether or not the decision is to take action.

The Director may not delegate the power to revoke an Australian temporary stop notice.

If the Director of CAA New Zealand gives CASA a copy of a New Zealand temporary stop notice that relates to a particular Australian AOC with ANZA privileges, CASA must consider the notice immediately and decide, as soon as is practicable, what action (if any) to take under this Act or the regulations in relation to the AOC or the holder of the AOC.

In deciding what action to take, CASA must comply with the ANZA mutual recognition agreements.

CASA must notify the Director of CAA New Zealand of its decision, and if its decision is to take action, what that action is.

The regulations may provide that specified regulations made under this Act do not apply in relation to all or specified ANZA activities in Australian territory authorised by a New Zealand AOC with ANZA privileges.

Without limiting subsection (1), regulations made for the purposes of that subsection may provide that specified regulations made under this Act do not apply in relation to an aircraft while it is being operated under a New Zealand AOC with ANZA privileges.

The owner, operator, hirer (not being the Crown) or pilot of an aircraft commits an offence if he or she:

Strict liability applies to subparagraphs (1)(b)(i) and (ii).

The owner, operator, hirer (not being the Crown) or pilot of an aircraft commits an offence if he or she:

Strict liability applies to paragraph (3)(b).

The owner, operator, hirer (not being the Crown) or pilot of an aircraft commits an offence if he or she:

Strict liability applies to paragraph (5)(b).

In any proceedings for an offence against this Act or the regulations, it is a defence if the act or omission charged is established to have been due to extreme weather conditions or other unavoidable cause.

Any defence established under subsection (1) need only be established on the balance of probabilities.

If:

The Court may make the order even if the conduct that was involved in the offence was not engaged in by the person while exercising his or her rights under the old authorisation.

The exclusion period may be indefinite.

During the exclusion period:

The person is not entitled to any refund of fees that the person has paid in respect of the old authorisation.

The person must return the old authorisation to CASA as soon as practicable after the order is made.

If the old authorisation is endorsed on another document, the person must, in order to comply with subsection (6), return that other document to CASA and CASA will take appropriate steps to issue a new document without the endorsement.

If the exclusion period ends before the period for which the old authorisation was granted, CASA is to return the authorisation to the person as soon as practicable after the end of the exclusion period.

In this section:

civil aviation authorisation includes an AOC.

If a Court makes an order under subsection 30A(1):

If an application is made under paragraph (1)(a), the Court may terminate or vary the order but only if it is satisfied that doing so would not prejudice air navigation safety.

Where CASA has reason to believe that the holder of a civil aviation authorisation has engaged in, is engaging in, or is likely to engage in, conduct that contravenes section 30DB, CASA may suspend the authorisation by giving written notice to the holder.

The notice of the decision must include a summary of Subdivisions C and D. However, a failure to include such a summary does not affect the validity of the notice.

The suspension ends at the end of the fifth business day after the day on which the holder was notified of the suspension, unless before that time CASA makes an application to the Federal Court under section 30DE.

CASA may make a decision under section 30DC in relation to a civil aviation authorisation even if CASA has given the holder of the authorisation the show cause notice required before making a decision under another provision of this Act or the regulations.

A suspension of a civil aviation authorisation under section 30DC has effect despite a stay (whether or not a stay under section 31A) of an earlier decision to vary, suspend or cancel the authorisation.

Subdivision C—Court order in relation to the serious and imminent risk prohibition

If CASA suspends a civil aviation authorisation under section 30DC, CASA may, before the end of the fifth business day after the day on which the holder of the authorisation was notified of the suspension, apply to the Federal Court for an order under this section.

If the Federal Court is satisfied that there are reasonable grounds to believe that the holder has engaged in, is engaging in, or is likely to engage in, conduct that contravenes section 30DB, the Court must make an order that prohibits the holder from doing anything that is authorised by the authorisation but that, without the authorisation, would be unlawful.

In deciding under subsection (2), the Federal Court must have regard to section 3A and subsection 9A(1).

Subject to section 30DF, an order continues in force for the period determined by the Federal Court when making the order, being the period (not more than 40 days) that the Court considers reasonable to allow CASA to complete an investigation into the circumstances that gave rise to CASA’s decision to suspend the authorisation.

On application by CASA or the holder of the civil aviation authorisation, the Federal Court may:

An application under subsection (1) must be made before the end of the original period.

CASA may apply only once to extend the period of an order.

If the Court has heard and determined an application under subsection (1) in relation to an order, no further applications to vary the period of that order may be made.

If:

If an application is made to vary the period of an order, the order continues in force until the day worked out under the table.

Subdivision D—Investigation and further action by CASA

This section applies if, after CASA’s investigation under section 30DG:

CASA may, within 5 business days after the last day on which the order is in force:

This section applies if, after the end of the period specified in a show cause notice given under section 30DH:

CASA may vary, suspend or cancel the authorisation, by written notice given to the holder of the authorisation within 5 business days after the end of the period specified in the show cause notice.

CASA may accept a written undertaking given by the holder of a civil aviation authorisation in connection with a matter:

The period for which the undertaking applies must not exceed 12 months. However, CASA may accept a further undertaking from the holder.

The undertaking must not require, or have the effect of requiring, the holder to pay money to CASA.

CASA must publish details of the undertaking on the internet.

The holder may withdraw or vary the undertaking at any time, but only with the consent of CASA.

If CASA considers that the holder has breached any of the terms of the undertaking, CASA may apply to the Federal Court for an order under subsection (7).

If the Federal Court is satisfied that the holder has breached a term of the undertaking, the Court may make all or any of the following orders:

The regulations may prescribe a person for the purposes of this Division.

Without limitation, the person prescribed under subsection (1) may be:

The prescribed person has the powers and functions conferred on the person by the regulations.

The regulations may establish a scheme for the voluntary reporting of reportable contraventions to the prescribed person.

The regulations may prescribe:

(3) The regulations must not permit the prescribed person to disclose information about a reportable contravention that is personal information within the meaning of the Privacy Act 1988 (except where the person who reported the contravention consents to the disclosure).

Subdivision B—Protection from administrative action

In exercising a power under this Act or the regulations to vary, suspend or cancel a civil aviation authorisation, CASA may disregard a reportable contravention if, having regard to the circumstances in which the contravention occurred, the holder of the authorisation proves to CASA, in accordance with section 30DP, that the holder reported the contravention to the prescribed person:

If:

None of the following is admissible in evidence in any criminal proceedings against the holder of a civil aviation authorisation:

Subsection (1) only applies if the contravention is still a reportable contravention at the time when the criminal proceedings commence.

If the holder of a civil aviation authorisation incurs demerit points, the demerit points are incurred in relation to the class of authorisations to which the offence relates.

A person incurs demerit points if:

If the person incurs demerit points, the demerit points are incurred in relation to an authorisation that is:

CASA must give the holder of a civil aviation authorisation a demerit suspension notice under this section if:

If a person incurs demerit points before becoming a holder of a civil aviation authorisation, then, for the purpose of paragraph (1)(b), those points are taken to have been incurred by the holder for offences committed by the holder.

The effect of giving the notice is that:

The suspension period for an authorisation is:

CASA must give the holder of a civil aviation authorisation a demerit suspension notice under this section if:

If a person incurs demerit points before becoming a holder of a civil aviation authorisation, then, for the purpose of paragraph (1)(b), those points are taken to have been incurred by the holder for offences committed by the holder.

The effect of giving the notice is that:

The suspension period for an authorisation is:

CASA must give the holder of a civil aviation authorisation a demerit cancellation notice if:

If a person incurs demerit points before becoming a holder of a civil aviation authorisation, then, for the purpose of paragraph (1)(b), those points are taken to have been incurred by the holder for offences committed by the holder.

The effect of giving the notice is that:

If the holder of a civil aviation authorisation is given a demerit suspension notice or a demerit cancellation notice, all demerit points incurred by the holder that counted under subsection 30DY(1), 30DZ(1) or 30EC(1) towards that suspension or cancellation are disregarded for the purposes of subsequent calculations of demerit points under those subsections.

If a person incurs demerit points before becoming a holder of a civil aviation authorisation, then, for the purpose of subsection (1), those points are taken to have been incurred by the holder.

Subdivision D—Reinstatement of civil aviation authorisation in special circumstances

A holder of a civil aviation authorisation who has been given a demerit suspension notice or demerit cancellation notice may apply to CASA to have the authorisation reinstated.

Subsection (1) applies despite paragraphs 30DY(2)(b), 30DZ(2)(b) and 30EC(2)(b).

If, and only if, CASA is satisfied that the suspension or cancellation would cause the holder severe financial hardship because, without the authorisation, the holder would not be able to earn the holder’s principal or only income, CASA may:

CASA must maintain a register that records details necessary for, or directly relevant to, the administration of this Division.

CASA must, if it becomes aware of it, correct any mistake, error or omission in the register.

The regulations may provide for other matters in relation to the keeping of the register.

If the holder of a civil aviation authorisation incurs demerit points in relation to a prescribed offence, CASA must record in the register:

If a person incurs demerit points before becoming a holder of a civil aviation authorisation, then, for the purpose of subsection (1), those points are taken to have been incurred by the holder.

In this section:

decision has the same meaning as in the Administrative Review Tribunal Act 2024.

reviewable decision means:

Application may be made to the Administrative Review Tribunal for review of a reviewable decision.

(3) Where the person making a reviewable decision gives to the person whose interests are affected by the decision notice in writing of the decision, the notice shall include a statement to the effect that, subject to the Administrative Review Tribunal Act 2024, application may be made to the Administrative Review Tribunal, by or on behalf of any person whose interests are affected by the decision, for review of the decision.

A failure to comply with subsection (3) in relation to a decision does not affect the validity of the decision.

This section applies to a decision under this Act or the regulations that is reviewable by the Administrative Review Tribunal if, before making the decision, CASA was required by this Act or the regulations to give a show cause notice to the holder of the civil aviation authorisation concerned.

This section does not apply to a decision under section 30DI or a decision under the regulations to cancel a licence, certificate or authority on the ground that the holder of that licence, certificate or authority has contravened a provision of this Act or the regulations (including the regulations as in force by virtue of a law of a State).

If this section applies to a decision, the operation of the decision is stayed by force of this section.

(4) The stay ceases to have effect at the end of the fifth business day after the day CASA notified the holder of the decision, unless, before the end of that fifth business day, the holder applies to the Tribunal for an order under subsection 32(2) of the Administrative Review Tribunal Act 2024.

(5) If the holder applies to the Tribunal as mentioned in subsection (4), the stay continues to have effect until the Tribunal makes an order under subsection 32(2) of the Administrative Review Tribunal Act 2024 or decides that no order should be made.

If the holder applies to the Tribunal as mentioned in subsection (4), the holder must give a copy of the application to CASA as soon as practicable after lodging it with the Tribunal.

If the holder of a civil aviation authorisation withdraws an application covered by section 31A, the stay ceases to have effect from the time of the withdrawal.

The holder must notify CASA of the withdrawal as soon as practicable.

CASA may, in writing, appoint an officer to be an investigator for the purposes of this Part.

CASA must not appoint an officer as an investigator unless CASA is satisfied that the officer has suitable qualifications and experience to properly exercise the powers of an investigator.

An investigator must, in exercising powers as an investigator, comply with any directions of CASA.

If a direction is given under subsection (3) in writing, the direction is not a legislative instrument.

CASA must cause each investigator to be issued with an identity card in a form approved by CASA and bearing a recent photograph of the investigator.

A person who stops being an investigator must, as soon as practicable, return his or her identity card to CASA.

A person must not fail to comply with subsection (2).

Subsection (3) does not apply if the person has a reasonable excuse.

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

An investigator must carry his or her identity card at all times when exercising powers as an investigator.

Subject to section 32ACB, for the purpose of finding out whether the civil aviation legislation is being complied with, an investigator may:

The power to enter premises and exercise inspection powers can only be exercised for the purpose of finding out whether the Civil Aviation Act 1990 of New Zealand, and the regulations and rules made under that Act, are being complied with if a request has been made to CASA, in accordance with the ANZA mutual recognition agreements, for the exercise of powers under this Part in relation to that legislation.

An investigator is not authorised to enter premises unless:

An investigator must, before obtaining the consent of an occupier of premises for the purposes of subsection (1), inform the occupier that the occupier may refuse consent.

A consent has no effect unless the consent is voluntary.

A consent may be expressed to be limited to entry during a particular period. If so, the consent has effect for that period unless the consent is withdrawn before the end of that period.

A consent that is not limited as mentioned in subsection (4) has effect until the consent is withdrawn.

If an investigator entered premises because of the consent of the occupier of the premises, the investigator, and any person assisting the investigator, must leave the premises if the consent ceases to have effect.

Subdivision B—Applying for and issuing a warrant

An investigator may apply to a magistrate for a warrant under this section in relation to particular prescribed premises.

(1A) An application under subsection (1) can only be made for the purpose of finding out whether New Zealand legislation), are being complied with if a request has been made to CASA, in accordance with the ANZA mutual recognition agreements, for the exercise of powers under this Part in relation to that legislation.the Civil Aviation Act 1990 of New Zealand, and the regulations and rules made under that Act (the

Subject to subsection (3), the magistrate may issue the warrant if satisfied, by information on oath, that it is reasonably necessary that the investigator should have access to the premises for the purpose of finding out whether the civil aviation legislation or the New Zealand legislation is being complied with.

The magistrate must not issue the warrant unless the investigator or someone else has given the magistrate, either orally or by affidavit, any further information the magistrate may require about the grounds on which the issue of the warrant is being sought.

The warrant must:

An investigator may apply to a magistrate for a warrant under this section in relation to particular premises.

Subject to subsection (3), the magistrate may issue the warrant if satisfied, by information on oath, that there are reasonable grounds for suspecting that there is, or there may be within the next 72 hours, on the premises a particular thing that may afford evidence of the commission of a civil aviation offence.

The magistrate must not issue the warrant unless the investigator or someone else has given the magistrate, either orally or by affidavit, any further information the magistrate may require about the grounds on which the issue of the warrant is being sought.

The warrant must:

Where, because of circumstances of urgency, an investigator thinks it necessary to do so, the investigator may apply for a warrant under section 32AF by telephone, in accordance with this section.

Before making such an application, an investigator must prepare an information of the kind mentioned in subsection 32AF(2) that sets out the grounds on which the issue of the warrant is being sought, but may, if it is necessary to do so, make the application before the information has been sworn.

Where a magistrate to whom an application under this section is made is satisfied:

Where a magistrate signs a warrant under subsection (3):

Where an investigator completes a form of warrant, the investigator must, not later than the day after:

Upon receipt of the documents mentioned in subsection (5), the magistrate must attach to them the warrant signed by the magistrate and deal with the documents in the same way that the magistrate would have dealt with the information if the application for the warrant had been made under section 32AF.

The form of warrant completed by an investigator under subsection (4) is, if it is in accordance with the terms of the warrant signed by the magistrate, authority for any entry, search, seizure or other exercise of a power that the warrant so signed authorised.

Where, in any proceedings, the court must be satisfied that an entry, search, seizure, or other exercise of power, was authorised under this section, and the warrant signed by a magistrate under this section authorising the entry, search, seizure, or other exercise of power, is not produced in evidence, the court must assume, unless the contrary is proved, that the entry, search, seizure, or other exercise of power, was not authorised by such a warrant.

This section applies if:

The investigator may seize a thing that he or she:

An investigator executing a warrant must, before any person enters premises under the warrant:

An investigator is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure:

If the occupier of the premises, or another person who apparently represents the occupier, is present at the premises, the investigator executing the warrant must make a copy of it available to the person.

The investigator must identify himself or herself to the person at the premises.

The copy of the warrant need not include the signature of the magistrate who issued it.

The occupier of the premises, or another person who apparently represents the occupier, who is present at the premises, is entitled to watch the search.

The right to watch the search being conducted ceases if the occupier, or the person representing the occupier, impedes the search.

This section does not prevent 2 or more areas of the premises being searched at the same time.

The investigator executing the warrant or a person assisting him or her may take photographs or video recordings of the premises or things on the premises:

The investigator executing the warrant and all people assisting him or her may, if the warrant is still in force, finish executing the warrant after all of them temporarily stop executing it and leave the premises:

The execution of a warrant that is stopped by an order of a court may be completed if:

The investigator executing the warrant or a person assisting him or her may bring to the premises any equipment (including electronic equipment) reasonably necessary to examine or process things found at the premises in order to determine whether they are things that may be seized under the warrant.

A thing found at the premises may be moved to another place for examination or processing in order to determine whether it may be seized if:

If things are moved to another place for the purpose of examination or processing, the investigator must, if it is practicable to do so:

The thing may be moved to another place for examination or processing for no longer than 72 hours.

An investigator may apply to a magistrate for one or more extensions of that time if the investigator believes on reasonable grounds that the thing cannot be examined or processed within 72 hours or that time as previously extended.

The investigator must give notice of the application to the occupier of the premises, and the occupier is entitled to be heard in relation to the application.

The investigator executing the warrant or a person assisting him or her may operate equipment (including electronic equipment) already on the premises to examine or process a thing found on the premises in order to determine whether it may be seized under the warrant, if the investigator or the person believes on reasonable grounds that:

A notice of the application given to the occupier of the premises is not a legislative instrument.

The investigator executing the warrant or a person assisting him or her may operate electronic equipment on the premises to access data (including data not held at the premises) if he or she believes on reasonable grounds that:

If the investigator or the person assisting him or her believes on reasonable grounds that any data accessed by operating the electronic equipment might constitute evidential material, he or she may:

If:

If the investigator or the person assisting him or her, after operating the equipment, finds that evidential material is accessible by doing so, he or she may:

A person may seize equipment under paragraph (4)(a) only if:

If the investigator executing the warrant or a person assisting him or her believes on reasonable grounds that:

The investigator or the person assisting him or her must notify the occupier of the premises, in writing, of:

The equipment may be secured for up to 24 hours to allow the equipment to be operated by an expert.

If the investigator or the person assisting him or her believes on reasonable grounds that expert assistance will not be available within 24 hours, he or she may apply to a magistrate for an extension of that period.

The investigator or the person assisting him or her must notify the occupier of the premises of his or her intention to apply for an extension, and the occupier is entitled to be heard in relation to the application.

The provisions of this Part in relation to the issuing of warrants apply, with such modifications as are necessary, to the issuing of an extension.

A notification given to the occupier of the premises under this section is not a legislative instrument.

The investigator executing the warrant may apply to a magistrate for an order requiring a specified person to provide any information or assistance that is reasonable and necessary to allow the officer or a person assisting him or her or to do one or more of the following:

The magistrate may grant the order if he or she is satisfied that:

A person commits an offence if the person fails to comply with the order.

If:

A notification under subsection (1) must include sufficient information to allow the occupier of the other premises to contact the investigator.

This section applies if:

The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.

However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in the Federal Court of Australia for such reasonable amount of compensation as the Court determines.

In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, had provided any appropriate warning or guidance on the operation of the equipment.

For the purpose of subsection (1):

damage, in relation to data, includes damages by erasure of data or addition of other data.

If the investigator executing the warrant or a person assisting him or her seizes:

However, subsection (1) does not apply if:

If a thing is seized, as allowed by section 32AH, the investigator executing the warrant or person assisting him or her must provide a receipt for the thing.

If 2 or more things are seized, they may be covered by the one receipt.

Subject to any contrary order of a court, if an investigator seizes a thing, as allowed by section 32AH, an investigator must return it if:

At the end of the 60 days specified in subsection (1), an investigator must take reasonable steps to return the thing to the person from whom it was seized, unless:

The thing may be returned under subsection (2) either unconditionally or on such terms and conditions as CASA sees fit.

A magistrate may, on application made by an investigator, make an order under this section in respect of a thing seized, as allowed by a warrant or section 32AH, if proceedings in respect of which the thing may afford evidence have not commenced, or there is a reasonable likelihood that such proceedings will not commence, by the later of the following times:

Before making the application, the investigator must:

If the magistrate is satisfied that it is necessary for the investigator to continue to retain the thing:

An investigator who is on or in premises that he or she has entered under a warrant under this Part may require anyone on or in the premises to:

A person must not fail to comply with a requirement under subsection (1).

Subsection (2) does not apply if the person has a reasonable excuse.

It is not a reasonable excuse for a person to refuse or fail to answer a question or produce a book, record or document on the ground that to do so would tend to incriminate the person, but the answer to any question, or any book, record or document produced, or any information or thing obtained as a direct or indirect consequence of answering the question or producing the book, record or document is not admissible in evidence against the person in any criminal proceedings, other than proceedings for an offence against subsection (2).

An investigator may, for the purpose of performing the functions or exercising the powers of an investigator under this Part in relation to an aircraft, vessel or vehicle, require the person apparently in control of the aircraft, vessel or vehicle to do either or both of the following:

A person must not fail to comply with a requirement under subsection (1).

Subsection (2) does not apply if the person has a reasonable excuse.

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

If:

If CASA and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from CASA of such reasonable amount of compensation as the court determines.

In this section:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

This Part is not intended to limit, or exclude the operation of, another law of the Commonwealth relating to:

To avoid doubt, even though another law of the Commonwealth provides power to do either or both of the things referred to in subsection (1), a similar power conferred by this Part may be used despite the existence of the power under the other law.

A function or power conferred on a magistrate by this Part is conferred on the magistrate:

A magistrate need not accept a function or power conferred.

A magistrate has, in relation to the performance or exercise of a function or power conferred on the magistrate by this Part, the same protection and immunity as if he or she were exercising that function or power as, or as a member of, the court of which the magistrate is a member.

In this Part:

body sample means any of the following: any human biological fluid; any human biological tissue (whether alive or not); any human breath.

(2) The Minister may, by legislative instrument, specify a drug for the purposes of the definition of testable drug in subsection (1).

The regulations may make provision for and in relation to the development, implementation and enforcement of drug and alcohol management plans covering persons who perform, or are available to perform, safety-sensitive aviation activities.

Drug or alcohol tests

The regulations may make provision for and in relation to drug or alcohol tests in respect of persons who perform, or are available to perform, safety-sensitive aviation activities.

Limitation

Regulations must not be made for the purposes of this section unless the performance of the safety-sensitive aviation activities concerned could be adversely affected by the use of alcohol or a testable drug by persons who perform those activities.

Regulations made for the purposes of subsection 34(2) may make provision for and in relation to any one or more of the following:

For the purposes of paragraph (1)(d), the regulations may provide that a person or body is authorised to take body samples if the person or body:

For the purposes of paragraph (1)(e), the regulations may provide that a person or body is authorised to conduct drug or alcohol tests if the person or body:

The following:

Regulations made for the purposes of subsection 34(1) or (2) may make provision with respect to a matter by conferring on a person a power to make a decision of an administrative character.

If regulations made for the purposes of subsection 34(1) or (2) confer on a person a power to make a decision of an administrative character, the regulations may also make provision for and in relation to the person delegating that power to another person.

Regulations made for the purposes of subsection 34(1) or (2) may empower CASA to make legislative instruments.

Such an instrument must not prescribe a penalty.

The Board consists of:

The performance of a function or the exercise of a power of the Board is not affected by a vacancy in the membership of the Board.

The functions of the Board are to:

The Board has the power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

All acts and things done in the name of, or on behalf of, CASA by the Board are taken to have been done by CASA.

A Board member is to be appointed by the Minister by written instrument, on a part-time basis.

The Minister must appoint one Board member to be the Chair and another Board member to be the Deputy Chair.

When appointing Board members, the Minister must ensure an appropriate balance of professional expertise, but need not ensure that particular sectors of the civil aviation industry are represented.

A person’s appointment as a Board member is not invalid because of a defect or irregularity in connection with the person’s appointment.

A Board member is to be paid such remuneration as is determined by the Remuneration Tribunal. If no determination of that remuneration is in operation, the Board member is to be paid such remuneration as is prescribed.

A Board member is to be paid the allowances that are prescribed.

(3) This section has effect subject to the Remuneration Tribunal Act 1973.

The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.

The Chair may grant leave of absence to another Board member on the terms and conditions that the Chair determines.

A Board member may resign by giving to the Minister a signed notice of resignation.

The Chair may resign his or her appointment as the Chair without resigning his or her appointment as a Board member.

The Deputy Chair may resign his or her appointment as the Deputy Chair without resigning his or her appointment as a Board member.

The resignation takes effect on the day on which it is received by the Minister or, if a later day is specified in the resignation, on that later day.

The Minister may terminate the appointment of a Board member for misbehaviour or physical or mental incapacity.

The Minister may terminate the appointment of a Board member if:

If the Minister is of the opinion that the performance of Board members or the performance of CASA has been unsatisfactory for a significant period of time, the Minister may terminate the appointment of all Board members or particular Board members.

If the Minister is of the opinion that:

The Board must hold such meetings as are necessary for the efficient performance of its functions.

Subject to subsections (3) and (4), meetings are to be held at such times and places as the Board decides.

The Chair may call a meeting at any time.

The Chair must call a meeting if requested to do so in writing by at least 3 other Board members.

(5) For the purpose of subsection (4), Board member includes the Director.

The Chair presides at all meetings at which he or she is present.

If the Chair is not present at a meeting, the Deputy Chair presides.

If neither the Chair nor the Deputy Chair is present at a meeting, the members present must appoint one of themselves to preside.

At a meeting of the Board, a quorum is constituted by 4 Board members.

However, if:

(3) For the purpose of this section, Board member includes the Director.

At a meeting of the Board, a question is decided by a majority of the votes of the Board members present and voting.

The person presiding at a meeting has a deliberative vote and, if necessary, also a casting vote.

(3) For the purpose of subsection (1), Board member includes the Director.

A decision is taken to have been made at a meeting of the Board if:

Subsection (1) applies only if the Board:

(3) Paragraph (1)(a) does not apply to a Board member who is prevented by rules made for the purposes of Public Governance, Performance and Accountability Act 2013 from deliberating on the proposed decision.section 29 of the

(4) For the purpose of this section, Board member includes the Director.

The Director is to manage CASA subject to the directions of, and in accordance with policies determined by, the Board.

All acts and things done in the name of, or on behalf of, CASA by the Director are taken to have been done by CASA.

The Director is to be appointed by the Board by written instrument, on a full-time basis.

Before appointing the Director, the Board must consult the Minister.

A Board member is not eligible for appointment as the Director.

The appointment of a person as Director is not invalid because of a defect or irregularity in connection with the person’s appointment.

The Director is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Director is to be paid the remuneration that is determined by the Board in writing.

The Director is to be paid the allowances that are determined by the Board in writing.

(3) This section has effect subject to the Remuneration Tribunal Act 1973.

The Director has such recreation leave entitlements as are determined by the Remuneration Tribunal.

The Board may grant to the Director leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Board determines in writing.

The Director may resign by giving to the Board a signed notice of resignation.

The resignation takes effect on the day on which it is received by the Board or, if a later day is specified in the resignation, on that later day.

CASA may employ such persons as it considers necessary for the performance of its functions and the exercise of its powers.

An employee is to be employed on the terms and conditions that the Director determines in writing.