Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 4 – August 2007 Civil Aviation Safety Authority
Civil Aviation Act 1988
This consolidation has been prepared by the Legislative Drafting Branch, Legal Services
Group, Civil Aviation Safety Authority, Canberra for information purposes only. It is
not an official version of the legislation.
The consolidation includes all amendments up to 21 August 2007.
The text will be updated as necessary, to ensure that it accurately reflects the current
Act. Should you have any enquiries, please contact Nadia Spesyvy on (02) 6217 1604.
This copy incorporates the text of the AGPS Reprint No. 3, as at 6 July 1995, and any
subsequent amendments.
Additional amendments include Act Nos. 174/95, 43/96, 14/97, 130/97, 152/97, 1/98, 146/99,
156/99, 8/2000, 137/2000, 143/01, 8/2002, 19/2003, 83/2003, 105/2003, 149/04, 86/05,
102/06, 109/06, 39/07, 131/07.
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 4 – August 2007 Civil Aviation Safety Authority
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Civil Aviation Act 1988 – Contents i
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 3 – March 2007 Civil Aviation Safety Authority
Civil Aviation Act 1988
TABLE OF CONTENTS
PART I — PRELIMINARY
Section
1 Short title
2 Commencement
3 Interpretation
3AA When a New Zealand AOC with ANZA privileges is in force for Australia
3A Main object of this Act
4 Application to state aircraft
4A Application to aircraft subject to 83 bis agreements
5 Act to bind Crown
6 Extension to external Territories
7 Extra-territorial application
7A Application of the Criminal Code
PART II — ESTABLISHMENT, FUNCTIONS ETC. OF CASA
8 Establishment of CASA
9 CASA’s functions
9A Performance of functions
11 Functions to be performed in accordance with international agreements
11A Compliance with Australian Airspace Policy Statement
12 Directions
12A Minister may give CASA notices about its strategic direction etc.
12B Minister may direct CASA to give documents and information to nominee
12C Director and Minister may enter into agreements about the performance of CASA’s functions
etc.
12D CASA must report to the Minister as required
13 CASA’s powers
16 Consultation
PART III — REGULATION OF CIVIL AVIATION
Division 1 — General regulatory provisions
18 Permissions must be based on safety matters
19 Civil Air Ensign
20AA Flying unregistered aircraft etc.
20AB Flying aircraft without licence etc.
20AC Purported issue of authorisation
20 Defence aerodromes
20A Reckless operation of aircraft
21 Interference with aeronautical facilities
22 Interception etc. of aircraft
23 Dangerous goods
23A Statements of the contents of cargo
23B Training relating to dangerous goods
24 Interference with crew or aircraft
25 Non-scheduled flights by foreign aircraft
26 Aircraft on international flights to have permission
Division 1A — General provisions about mutual recognition under the
ANZA mutual recognition agreements
26A Guide to how this Act deals with mutual recognition between Australia and New Zealand
26B Disclosure of information by CASA to the Director of CAA New Zealand
26C Obligation to consult Director of CAA New Zealand before taking certain actions
26D Delegation of Australian powers to employees of CAA New Zealand
26E Delegation of New Zealand powers and functions to CASA officers
ii Civil Aviation Act 1988 – Contents
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 3 – March 2007 Civil Aviation Safety Authority
Division 2 — Air Operator’s Certificates (AOCs)
Subdivision A — General
27 AOCs
Subdivision B — Application for AOC
27AA Application in approved form
27AB Lodgment of manuals
27AC CASA may require information etc. and inspections etc.
27AD CASA may require proving flights etc.
27AE Application for foreign aircraft AOC
27AF CASA not required to consider application until requirements complied with
Subdivision C — Operation of a foreign registered aircraft without AOC
27A Permission for operation of foreign registered aircraft without AOC
Subdivision D — Issue of AOCs
28 CASA must issue AOC if satisfied about certain matters
28A Additional conditions for issue of AOC in relation to certain foreign registered aircraft
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