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registered under those regulations.
Penalty: Imprisonment for 2 years.
16 Civil Aviation Act 1988
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
(1A) Subsection (1) does not apply to an aircraft that is employed in private
operations and that possesses the nationality of a Contracting State.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1A)
(see subsection 13.3 (3) of the Criminal Code).
(2) In subsection (1A), employed in private operations has the same
meaning as it has in the regulations.
Flying without a certificate of airworthiness
(3) 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:
(a) there is no certificate of airworthiness under the regulations in force
in respect of the aircraft; and
(b) the regulations do not authorise the flight without the certificate.
Penalty: Imprisonment for 2 years.
Flying without satisfying safety requirements
(4) 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) there is outstanding a requirement imposed by or under the
regulations in relation to the maintenance of the aircraft;
(b) the aircraft will require maintenance before the flight can end;
(c) there is a defect or damage that may endanger the safety of the
aircraft or any person or property;
(d) the aircraft is unsafe for flight.
Penalty: Imprisonment for 2 years.
20AB Flying aircraft without licence etc.
(1) A person must not perform any duty that is essential to the operation of
an Australian aircraft during flight time unless:
(a) the person holds a civil aviation authorisation that is in force and
authorises the person to perform that duty; or
(b) the person is authorised by or under the regulations to perform that
duty without the civil aviation authorisation concerned.
Penalty: Imprisonment for 2 years.
(2) A person must not carry out maintenance on:
(a) an Australian aircraft; or
(b) an aeronautical product in Australian territory; or
(c) an aeronautical product for an Australian aircraft;
if the person is not permitted by or under the regulations to carry out that
maintenance.
Penalty: Imprisonment for 2 years.
Civil Aviation Act 1988 17
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
(3) 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.
20AC Purported issue of authorisation
(1) 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.
Penalty: Imprisonment for 2 years.
(2) 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).
20 Defence aerodromes
CASA may arrange with the appropriate Ministers for aircraft to use an
aerodrome controlled by a part of the Defence Force and, subject to the
arrangement, CASA may authorise the aircraft to use the aerodrome in
accordance with conditions specified by CASA.
20A Reckless operation of aircraft
(1) A person must not operate an aircraft being reckless as to whether the
manner of operation could endanger the life of another person.
(2) 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.
21 Interference with aeronautical facilities
(1) 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.
(2) The following provisions apply if CASA believes on reasonable grounds
that an installation is or may be, either actively or passively, causing
　
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