Civil Aviation Act 1988 (Cth)

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 (www.legislation.gov.au). 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Part I—Preliminary 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 the Board notices about its strategic direction etc. 12B Minister may direct CASA to give documents and information to nominee 13 CASA's powers 16 Consultation Part III—Regulation of civil aviation Division 1—General regulatory provisions 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 registered 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 Division 2—Air Operators' 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 28AA Matters that CASA may have regard to in issuing an AOC in relation to certain flights by foreign registered aircraft 28B Additional conditions for issue of an Australian AOC with ANZA privileges Subdivision E—Conditions of AOC 28BA General conditions 28BAA Certain conditions for grant of AOC also have effect as ongoing conditions on the AOC 28BB CASA may impose and vary AOC conditions 28BC Limits on CASA's powers in relation to suspension, cancellation and AOC conditions 28BD Compliance with civil aviation law 28BE Duty to exercise care and diligence 28BF Organisation, personnel etc. 28BG Operations headquarters and suitable buildings 28BH Reference library 28BI Personal injury liability insurance Subdivision F—Other provisions relating to Australian and New Zealand AOCs with ANZA privileges 28C Certain documents and information to be given to CASA by holder of New Zealand AOC with ANZA privileges 28D Director's power to give an Australian temporary stop notice to holder of New Zealand AOC with ANZA privileges 28E Revocation of an Australian temporary stop notice 28F CASA's obligation on receiving copy of a New Zealand temporary stop notice 28G Disapplying regulations that would otherwise apply to the holder of a New Zealand AOC with ANZA privileges Division 3—General offences in relation to aircraft 29 Offences in relation to aircraft 30 Weather etc. to be a defence 30A Court may impose exclusion period if offence committed 30B Variation and termination of exclusion order 30C Court to give CASA details of exclusion orders Division 3A—Serious and imminent risks to air safety Subdivision A—Preliminary 30DA Engage in conduct Subdivision B—Suspension for contravening the serious and imminent risk prohibition 30DB Serious and imminent risk prohibition 30DC Suspension 30DD CASA may suspend despite other processes Subdivision C—Court order in relation to the serious and imminent risk prohibition 30DE Application for and making of order 30DF Court may vary period of order Subdivision D—Investigation and further action by CASA 30DG CASA must investigate circumstances giving rise to suspension decision 30DH CASA may give a show cause notice within 5 days after end of order 30DI CASA may vary, suspend or cancel an authorisation within 5 days after end of show cause period 30DJ When a suspension under section 30DC ends Division 3B—Enforceable voluntary undertakings 30DK Enforceable voluntary undertakings Division 3C—Protection from administrative action for voluntary reporting Subdivision A—Preliminary 30DL Definitions 30DM Prescribed person 30DN Voluntary reporting scheme Subdivision B—Protection from administrative action 30DO Protection for reporting a reportable contravention 30DP Proof of report 30DQ Only protected once every 5 years 30DR Use of information Division 3D—Demerit points scheme Subdivision A—Preliminary 30DS Definitions 30DT Regulations may prescribe offences that the demerit points scheme applies to 30DU Classes of civil aviation authorisations 30DV Other regulations Subdivision B—Incurring demerit points 30DW When demerit points are incurred 30DX Demerit points are incurred in relation to a class of authorisations Subdivision C—Consequences of incurring demerit points 30DY First‑time demerit suspension notice 30DZ Second‑time demerit suspension notice 30EA Details in a demerit suspension notice 30EB Suspension period not to be served concurrently 30EC Demerit cancellation notice 30ED Details in a demerit cancellation notice 30EE Expiry of demerit points Subdivision D—Reinstatement of civil aviation authorisation in special circumstances 30EF CASA may reinstate if satisfied that holder's livelihood depends on authorisation Subdivision E—Administration of the demerit points scheme 30EG CASA must maintain a demerit points register 30EH CASA may maintain other records 30EI Demerit points incurred to be included in register 30EJ Expired points to be removed from register Division 4—Miscellaneous 31 Review of decisions 31A Automatic stay of certain reviewable decisions 31B Stay ends if application is withdrawn 31C Tribunal's ordinary powers not affected 31D CASA may still suspend for a serious and imminent risk 32 Powers and functions under State and Territory laws Part IIIA—Investigation powers Division 1—Appointment of investigators and issue of identity cards 32AA Appointment of investigators 32AB Identity cards Division 2—Powers of investigators Subdivision A—Searches without a warrant 32AC Search with consent to monitor compliance 32ACA Search with consent for evidence in relation to civil aviation offences 32ACB Consent to enter premises Subdivision B—Applying for and issuing a warrant 32AD Monitoring warrants 32AF Offence related warrants 32AG Warrants may be granted by telephone 32AH Seizures related to civil aviation offences Subdivision C—General provisions about executing a warrant 32AHA Announcement before entry 32AHB Assistance and force in executing a warrant 32AHC Copy of warrant to be shown to occupier etc. 32AHD Occupier entitled to watch search 32AHE Specific powers available to investigator executing a warrant 32AHF Use of equipment to examine or process things 32AHG Use of electronic equipment at premises without expert assistance 32AHH Use of electronic equipment at premises with expert assistance 32AHI Person with knowledge of a computer or a computer system to assist access etc. 32AHJ Accessing data held on other premises—notification to occupier of those premises 32AHK Compensation for damage to electronic equipment 32AHL Copies of seized things to be provided 32AHM Receipts of things seized under warrant 32AHN Retention of seized things 32AHO Magistrate may permit a thing to be retained 32AJ Power to require persons to answer questions and produce documents 32AK Powers in relation to aircraft etc. 32AL Destruction or disposal of certain goods 32AM Compensation for acquisition of property Division 3—Offences 32AMA Making false statements in warrants 32AMB Offence for stating incorrect names in telephone warrants 32AMC Offence for unauthorised form of warrant 32AMD Offence for executing etc. an unauthorised form of warrant 32AME Offence for giving unexecuted form of warrant Division 4—Miscellaneous 32AMF Other laws about search and seizure not affected 32AMG Magistrates—personal capacity Part IIIB—Protection of CVR (cockpit voice recording) information 32AN Definitions 32AO Definition of CVR or cockpit voice recording 32AP Copying or disclosing CVR information 32AQ CVR information no ground for disciplinary action 32AR Admissibility of CVR information in criminal proceedings against crew members 32AS Admissibility of CVR information in civil proceedings 32AT Examination by a court of CVR information under subsection 32AS(3) 32AU Where a court makes an order under subsection 32AS(3) Part IV—Drug and alcohol management plans and testing Division 1—Definitions 33 Definitions Division 2—Regulations 34 General regulation‑making power 35 Drug and alcohol management plans 36 Drug or alcohol tests 37 Conferral of administrative powers 38 Conferral of power to make legislative instruments 39 General regulation‑making power not limited Part V—Corporate plan 44 Corporate plan 45 Minister's response to corporate plan Part VI—Finance 46 CASA to be paid money appropriated by Parliament 46A Payment of amounts of levy to CASA 47 Application and investment of money 49 Extra matters to be included in annual report 50 Taxation Part VII—Board of CASA Division 1—Establishment and functions 51 Establishment 52 Membership 53 Functions Division 2—Appointment etc. of Board members 54 Appointment 55 Term of appointment 56 Remuneration and allowances 57 Leave of absence 58 Outside employment 59 Resignation 60 Termination of appointment 61 Other terms and conditions 62 Acting Chair 63 Acting Board members Division 3—Board procedures Subdivision A—Meetings 64 Times and places of meetings 65 Presiding at meetings 66 Quorum 67 Voting at meetings etc. 68 Conduct of meetings 69 Minutes Subdivision B—Decisions without meetings 70 Decisions without meetings 71 Record of decisions Part VIIA—The Director and staff of CASA Division 1—Appointing the Director 72 Director 73 Duties 74 Appointment 75 Term of appointment 76 Remuneration and allowances 77 Leave of absence 78 Outside employment 79 Other terms and conditions 80 Resignation 81 Termination of appointment 82 Acting Director Division 2—Staff of CASA 83 Staff of CASA 84 Consultants Part VIII—Miscellaneous 94 Delegation by the Director 95 Delegation by Board 95A Delegation by Secretary of the Department 95B Delegation by Minister 96 Tabling of directions, notices etc. of the Minister 97 Payment of prescribed fees 97AA Prescribed fees payable to CASA 97AB Charging of fees by external service providers 97A Conduct by directors, employees and agents 98 Regulations etc. Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history