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to the international operations of Australian airlines engaged in such
operations.
Civil Aviation Regulations 1988 317
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
PART 11 CONDITIONS OF FLIGHT
Division 1 General
133 Conditions to be met before Australian aircraft may fly
(1) Subject to regulation 317 and regulation 21.197 of CASR, the pilot in
command of an Australian aircraft must not commence a flight if each
of the following requirements is not satisfied:
(a) the aircraft has a nationality mark and a registration mark painted
on, or affixed to, it in accordance with Part 45 of CASR;
(c) the flight is not in contravention of any condition that:
(i) is set out or referred to in the maintenance release or in any
other document approved for use as an alternative to the
maintenance release for the purposes of regulation 49, or
subregulation 43 (10); or
(ii) is applicable to the maintenance release by virtue of a
direction given under regulation 44;
(d) any maintenance that is required to be carried out before the
commencement of the flight, or that will be required to be carried
out before the expiration of the flight, to comply with any
requirement or condition imposed under these Regulations with
respect to the aircraft has been certified, in accordance with
regulation 42ZE or 42ZN, to have been completed;
(e) the aircraft complies with these Regulations in respect of the
number and description of, and the holding of licences and
ratings by, the operating crew.
Penalty: 50 penalty units.
(2) Paragraph (1) (d) does not apply to any maintenance that was required
to be carried out before:
(a) the issue of the maintenance release in force, or the last
maintenance release that was in force, for the aircraft; or
(b) if the maintenance release was not a maintenance release issued
because of paragraph 43 (7) (a)—the issue of the last maintenance
release for the aircraft issued because of that paragraph.
(3) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
135 Foreign aircraft of Contracting States
(1) Subject to regulation 135A, the pilot in command of an aircraft
possessing the nationality of a Contracting State must not allow the
aircraft to fly within, or depart from, Australian territory if the aircraft
does not comply with the provisions of these Regulations that are
expressed to apply to such aircraft and the requirements of the
Convention in respect of:
(a) its nationality mark and registration mark;
318 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(b) its certificate of airworthiness;
(c) the number and description of, and the holding of licences and
ratings by, the operating crew;
(d) the documents to be carried;
(e) the flight and manoeuvre of aircraft; and
(f) the provision of radio apparatus.
Penalty: 50 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
135A Special flight authorisation
(1) An aircraft to which regulation 135 applies may be operated without
the certificate of airworthiness mentioned in paragraph 135 (b) if a
special flight authorisation for the operation is issued under this
regulation.
(2) A person may apply to CASA for a special flight authorisation for an
aircraft that possesses the nationality of a Contracting State.
(3) An application for a special flight authorisation must be in a form and
manner acceptable to CASA.
(4) CASA may issue the authorisation subject to the conditions (if any)
that CASA considers necessary for the safety of other airspace users
and persons on the ground or water.
(5) Any conditions imposed under this regulation must be in writing and
set out in, or attached to, the authorisation.
(6) A person must not contravene a condition of a special flight
authorisation.
Penalty: 50 penalty units.
(7) An offence against subregulation (6) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
Source FARs section 91.715 modified.
136 Foreign state aircraft
A state aircraft other than an Australian military aircraft shall not fly
over or land on Australian territory except on the express invitation or
with the express permission of CASA, but any aircraft so flying or
landing on such invitation or with such permission shall be exempt
from the provisions of these Regulations except to such extent as is
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