Civil Aviation Act 1988
Act No. 63 of 1988 as amended
This compilation was prepared on 3 April 2007
taking into account amendments up to Act No. 39 of 2007
The text of any of those
amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated
may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of
Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
Part I—Preliminary 1
1............ Short title [see Note 1]....................................................................... 1
2............ Commencement [see Note 1].............................................................. 1
3............ Interpretation...................................................................................... 1
3AA...... When a New Zealand AOC with ANZA privileges is in force for Australia 8
3A......... Main object of this Act...................................................................... 9
4............ Application to state aircraft............................................................... 9
4A......... Application to aircraft subject to 83 bis agreements.......................... 9
5............ Act to bind Crown............................................................................ 11
6............ Extension to external Territories....................................................... 11
7............ Extra‑territorial application.............................................................. 11
7A......... Application of the Criminal Code.................................................... 11
Part II—Establishment, functions etc. of CASA 12
8............ Establishment of CASA................................................................... 12
9............ CASA’s functions............................................................................ 12
9A......... Performance of functions.................................................................. 14
11.......... Functions to be performed in accordance with international agreements 14
12.......... Directions......................................................................................... 14
12A....... Minister may give CASA notices about its strategic direction etc... 15
12B....... Minister may direct CASA to give documents and information to nominee 15
12C....... Director and Minister may enter into agreements about the performance of CASA’s functions etc. 16
12D....... CASA must report to the Minister as required................................ 16
13.......... CASA’s powers............................................................................... 16
16.......... Consultation..................................................................................... 17
Part III—Regulation of civil aviation 18
Division 1—General regulatory provisions 18
18.......... Permissions must be based on safety matters.................................. 18
19.......... Civil Air Ensign................................................................................ 18
20AA.... Flying unregistered aircraft etc......................................................... 19
20AB.... Flying aircraft without licence etc.................................................... 20
20AC.... Purported issue of authorisation...................................................... 21
20.......... Defence aerodromes.......................................................................... 21
20A....... Reckless operation of aircraft........................................................... 21
21.......... Interference with aeronautical facilities............................................ 21
22.......... Interception etc. of aircraft............................................................... 23
23.......... Dangerous goods............................................................................... 25
23A....... Statements of the contents of cargo.................................................. 26
23B....... Training relating to dangerous goods................................................ 26
24.......... Interference with crew or aircraft..................................................... 27
25.......... Non‑scheduled flights by foreign registered aircraft......................... 27
26.......... Aircraft on international flights to have permission......................... 28
Division 1A—General provisions about mutual recognition under the ANZA mutual recognition agreements 29
26A....... Guide to how this Act deals with mutual recognition between Australia and New Zealand 29
26B....... Disclosure of information by CASA to the Director of CAA New Zealand 30
26C....... Obligation to consult Director of CAA New Zealand before taking certain actions 31
26D....... Delegation of Australian powers to employees of CAA New Zealand 31
26E........ Delegation of New Zealand powers and functions to CASA officers 31
Division 2—Air Operators’ Certificates (AOCs) 32
Subdivision A—General 32
27.......... AOCs................................................................................................ 32
Subdivision B—Application for AOC 33
27AA.... Application in approved form.......................................................... 33
27AB.... Lodgment of manuals........................................................................ 33
27AC.... CASA may require information etc. and inspections etc................. 34
27AD.... CASA may require proving flights etc............................................. 34
27AE..... Application for foreign aircraft AOC............................................... 35
27AF..... CASA not required to consider application until requirements complied with 36
Subdivision C—Operation of a foreign registered aircraft without AOC 36
27A....... Permission for operation of foreign registered aircraft without AOC 36
Subdivision D—Issue of AOCs 37
28.......... CASA must issue AOC if satisfied about certain matters............... 37
28A....... Additional conditions for issue of AOC in relation to certain foreign registered aircraft 39
28B....... Additional conditions for issue of an Australian AOC with ANZA privileges 41
Subdivision E—Conditions of AOC 42
28BA.... General conditions............................................................................ 42
28BAA. Certain conditions for grant of AOC also have effect as ongoing conditions on the AOC 43
28BB..... CASA may impose and vary AOC conditions................................ 43
28BC..... Limits on CASA’s powers in relation to suspension, cancellation and AOC conditions 44
28BD.... Compliance with civil aviation law................................................... 46
28BE..... Duty to exercise care and diligence................................................... 46
28BF..... Organisation, personnel etc.............................................................. 47
28BG.... Operations headquarters and suitable buildings............................... 47
28BH.... Reference library............................................................................... 47
28BI...... Acceptable contract of insurance or satisfactory financial arrangements 48
Subdivision F—Other provisions relating to Australian and New Zealand AOCs with ANZA privileges 48
28C....... Certain documents and information to be given to CASA by holder of New Zealand AOC with ANZA privileges.......................................................................................................... 48
28D....... Director’s power to give an Australian temporary stop notice to holder of New Zealand AOC with ANZA privileges.......................................................................................................... 49
28E........ Revocation of an Australian temporary stop notice........................ 50
28F........ CASA’s obligation on receiving copy of a New Zealand temporary stop notice 50
28G....... Disapplying regulations that would otherwise apply to the holder of a New Zealand AOC with ANZA privileges.......................................................................................................... 51
Division 3—General offences in relation to aircraft 52
29.......... Offences in relation to aircraft.......................................................... 52
30.......... Weather etc. to be a defence............................................................. 53
30A....... Court may impose exclusion period if offence committed............... 53
30B....... Variation and termination of exclusion order.................................... 54
30C....... Court to give CASA details of exclusion orders............................... 54
Division 3A—Serious and imminent risks to air safety 55
Subdivision A—Preliminary 55
30DA.... Engage in conduct............................................................................. 55
Subdivision B—Suspension for contravening the serious and imminent risk prohibition 55
30DB.... Serious and imminent risk prohibition.............................................. 55
30DC.... Suspension........................................................................................ 55
30DD.... CASA may suspend despite other processes.................................. 56
Subdivision C—Court order in relation to the serious and imminent risk prohibition 56
30DE..... Application for and making of order................................................ 56
30DF..... Court may vary period of order....................................................... 56
Subdivision D—Investigation and further action by CASA 58
30DG.... CASA must investigate circumstances giving rise to suspension decision 58
30DH.... CASA may give a show cause notice within 5 days after end of order 59
30DI...... CASA may vary, suspend or cancel an authorisation within 5 days after end of show cause period 59
30DJ..... When a suspension under section 30DC ends.................................. 60
Division 3B—Enforceable voluntary undertakings 61
30DK.... Enforceable voluntary undertakings................................................. 61
Division 3C—Protection from administrative action for voluntary reporting 62
Subdivision A—Preliminary 62
30DL..... Definitions........................................................................................ 62
30DM... Prescribed person............................................................................. 63
30DN.... Voluntary reporting scheme............................................................. 63
Subdivision B—Protection from administrative action 63
30DO.... Protection for reporting a reportable contravention......................... 63
30DP..... Proof of report.................................................................................. 64
30DQ.... Only protected once every 5 years.................................................. 64
30DR.... Use of information............................................................................ 65
Division 3D—Demerit points scheme 66
Subdivision A—Preliminary 66
30DS..... Definitions........................................................................................ 66
30DT.... Regulations may prescribe offences that the demerit points scheme applies to 66
30DU.... Classes of civil aviation authorisations............................................. 66
30DV.... Other regulations.............................................................................. 66
Subdivision B—Incurring demerit points 67
30DW... When demerit points are incurred..................................................... 67
30DX.... Demerit points are incurred in relation to a class of authorisations. 67
Subdivision C—Consequences of incurring demerit points 67
30DY.... First‑time demerit suspension notice............................................... 67
30DZ.... Second‑time demerit suspension notice............................................ 68
30EA..... Details in a demerit suspension notice............................................. 69
30EB..... Suspension period not to be served concurrently............................ 69
30EC..... Demerit cancellation notice............................................................... 69
30ED..... Details in a demerit cancellation notice............................................. 70
30EE..... Expiry of demerit points.................................................................. 70
Subdivision D—Reinstatement of civil aviation authorisation in special circumstances 71
30EF..... CASA may reinstate if satisfied that holder’s livelihood depends on authorisation 71
Subdivision E—Administration of the demerit points scheme 71
30EG..... CASA must maintain a demerit points register................................ 71
30EH..... CASA may maintain other records................................................... 71
30EI...... Demerit points incurred to be included in register............................ 72
30EJ...... Expired points to be removed from register..................................... 72
Division 4—Miscellaneous 73
31.......... Review of decisions.......................................................................... 73
31A....... Automatic stay of certain reviewable decisions............................... 74
31B....... Stay ends if application is withdrawn.............................................. 74
31C....... Tribunal’s ordinary powers not affected.......................................... 75
31D....... CASA may still suspend for a serious and imminent risk................ 75
32.......... Powers and functions under State and Territory laws..................... 75
Part IIIA—Investigation powers 76
32AA.... Appointment of investigators.......................................................... 76
32AB.... Identity cards.................................................................................... 76
32AC.... Monitoring powers—exercised with consent................................... 76
32AD.... Monitoring warrants......................................................................... 77
32AE..... Offence powers—exercised with consent........................................ 78
32AF..... Offence related warrants................................................................... 78
32AG.... Warrants may be granted by telephone............................................ 79
32AH.... Discovery of evidence...................................................................... 80
32AHA. Magistrate may permit a thing to be retained................................... 81
32AJ..... Power to require persons to answer questions and produce documents 82
32AK.... Powers in relation to aircraft etc....................................................... 83
32AL..... Destruction or disposal of certain goods.......................................... 83
32AM... Compensation for acquisition of property....................................... 84
Part IIIB—Protection of CVR (cockpit voice recording) information 85
32AN.... Definitions........................................................................................ 85
32AO.... Definition of CVR or cockpit voice recording.................................. 86
32AP..... Copying or disclosing CVR information.......................................... 87
32AQ.... CVR information no ground for disciplinary action......................... 88
32AR.... Admissibility of CVR information in criminal proceedings against crew members 89
32AS..... Admissibility of CVR information in civil proceedings................... 89
32AT.... Examination by a court of CVR information under subsection 32AS(3) 90
32AU.... Where a court makes an order under subsection 32AS(3)................ 90
Part V—Corporate plan 91
44.......... Corporate plan.................................................................................. 91
45.......... Minister’s response to corporate plan............................................. 91
Part VI—Finance 93
46.......... CASA to be paid money appropriated by Parliament..................... 93
47.......... Application and investment of money............................................. 93
49.......... Extra matters to be included in annual report................................... 93
50.......... Taxation............................................................................................ 94
Part VII—Director, staff and consultants 95
84.......... Appointment of Director................................................................. 95
84A....... Duties of Director............................................................................. 95
84B....... Functions of Director....................................................................... 96
84C....... Application of the Commonwealth Authorities and Companies Act 1997 96
85.......... Director not to engage in other work................................................ 96
86.......... Remuneration and allowances of Director........................................ 96
87.......... Leave of absence............................................................................... 97
88.......... Resignation....................................................................................... 97
89.......... Director holds office during Minister’s pleasure.............................. 97
90.......... Acting Director................................................................................. 97
91.......... Staff of CASA.................................................................................. 98
92.......... Consultants....................................................................................... 98
Part VIII—Miscellaneous 99
94.......... Delegation by the Director............................................................... 99
94A....... Delegation by Minister..................................................................... 99
96.......... Tabling of directions, notices etc. of the Minister............................ 99
97.......... Payment of prescribed fees.............................................................. 99
97AA.... Prescribed fees payable to CASA.................................................. 100
97AB.... Charging of fees by external service providers............................... 100
97A....... Conduct by directors, servants and agents..................................... 101
98.......... Regulations etc................................................................................ 102
Notes 109
An Act to establish a Civil Aviation Safety Authority with functions relating to civil aviation, in particular the safety of civil aviation, and for related purposes
1 Short title [see Note 1]
This Act may be cited as the Civil Aviation Act 1988.
2 Commencement [see Note 1]
(1) Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent.
(2) Part III, section 98 and Part X, and the amendments made by Part IX, commence on a day or days to be fixed by Proclamation.
(1) In this Act, unless the contrary intention appears:
83 bis agreement means an agreement entered into under Article 83 bis of the Chicago Convention.
AA means Airservices Australia established by the Air Services Act 1995.
aerodrome means an area of land or water (including any buildings, installations and equipment), the use of which as an aerodrome is authorised under the regulations, being such an area intended for use wholly or partly for the arrival, departure or movement of aircraft.
aeronautical product means any part or material that is, or is intended by its manufacturer to be, a part of or used in an aircraft, unless excluded by the regulations.
aircraft means any machine or craft that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth’s surface.
air route means the navigable airspace between two points and the terrain beneath such airspace identified, to the extent necessary, for application of flight rules.
air route and airway facilities means facilities provided to permit safe navigation of aircraft within the airspace of air routes and airways, including:
(a) visual and non‑visual aids along the air routes and airways;
(b) visual and non‑visual aids to approach and landing at aerodromes;
(c) communications services;
(d) meteorological observations;
(e) air traffic control services and facilities; and
(f) flight service services and facilities.
airway means a designated path in an air route identified by an area of specified width on the surface of the earth.
ANZA is short for Australia New Zealand Aviation.
ANZA activities in Australian territory, in relation to a New Zealand AOC with ANZA privileges, means the operations in, or flights into or out of, Australian territory that are authorised by the AOC, to the extent that it is expressed to be issued under section 11G of the Civil Aviation Act 1990 of New Zealand.
ANZA activities in New Zealand, in relation to an Australian AOC with ANZA privileges, means the operations in, or flights into or out of, New Zealand that are authorised by the AOC, to the extent that it is expressed to be issued for the purposes of the ANZA mutual recognition agreements.
ANZA mutual recognition agreements means the agreement or arrangement, or agreements or arrangements, as amended and in force from time to time, identified in regulations made for the purposes of this definition.
AOC means an Air Operator’s Certificate issued under Division 2 of Part III.
Note: In some provisions AOC is used in the context of a New Zealand AOC with ANZA privileges (which is a document granted under the Civil Aviation Act 1990 of New Zealand).
Australian aircraft means:
(a) aircraft registered in Australia; and
(b) aircraft in Australian territory, other than foreign registered aircraft and state aircraft.
Note: Some references to Australian aircraft may be affected by the operation of section 4A.
Australian AOC with ANZA privileges means an AOC that is expressed, wholly or partly, to be issued for the purposes of the ANZA mutual recognition agreements (see subsections 27(2AA) to (2AC)).
Australian temporary stop notice has the meaning given by subsection 28D(1).
Australian territory means:
(a) the territory of Australia and of every external Territory;
(b) the territorial sea of Australia and of every external Territory; and
(c) the air space over any such territory or sea.
authorised officer means an officer authorised by CASA in writing to act under the provision in which the expression occurs.
authority of the Commonwealth includes:
(a) the Defence Force;
(b) the Australian Customs Service;
(c) the Australian Federal Police;
(d) a body, whether incorporated or not, established for public purposes by or under a law of the Commonwealth or of a Territory;
(e) the holder of an office established for public purposes by or under a law of the Commonwealth or of a Territory; and
(f) a company in which the whole of the shares or stock, or shares or stock carrying more than half the voting power, is or are owned by or on behalf of the Commonwealth.
aviation safety standards means standards relating to the following:
(a) the flight crews engaged in operations of aircraft;
(b) the design, construction, maintenance, operation and use of aircraft and related equipment;
(c) the planning, construction, establishment, operation and use of aerodromes;
(d) the establishment and use of airspace;
(e) the planning, construction, establishment, maintenance, operation and use of:
(i) services and facilities of the kind covered by paragraph 8(1)(a) of the Air Services Act 1995; and
(iii) services of the kind referred to in paragraph 6(1)(b) of the Australian Maritime Safety Authority Act 1990 to the extent that those services use aircraft;
and any construction associated with those facilities or services;
(f) the personnel engaged in:
(i) the maintenance of aircraft and related equipment; or
(ii) anything referred to in paragraph (c) or (e).
aviation security means a combination of measures and human and material resources intended to safeguard civil aviation against acts of unlawful interference.
business day means a day that is not a Saturday, a Sunday or a public holiday in the Australian Capital Territory.
CAA New Zealand means the Civil Aviation Authority established by the Civil Aviation Act 1990 of New Zealand, or any successor to that Authority.
CASA means the Civil Aviation Safety Authority established by this Act.
certificate includes an AOC.
Chicago Convention means:
(a) the Convention on International Civil Aviation done at Chicago on 7 December 1944, whose English text is set out in Schedule 1 to the Air Navigation Act 1920;
(b) the Protocols amending that Convention, being the Protocols referred to in subsection 3A(2) of that Act, whose English texts are set out in Schedules to that Act; and
(c) the Annexes to that Convention relating to international standards and recommended practices, being Annexes adopted in accordance with that Convention.
civil aviation authorisation means an authorisation under this Act or the regulations to undertake a particular activity (whether the authorisation is called an AOC, permission, authority, licence, certificate, rating or endorsement or is known by some other name).
Civil Aviation Orders means the orders made under subsection 98(4A) or referred to in subsection 98(5).
Contracting State means a foreign country that is a party to the Chicago Convention.
corporate plan means a corporate plan prepared by the Director under subsection 44(1).
Council means the Council of the International Civil Aviation Organization.
country where the aircraft is registered, in relation to an aircraft registered under a joint registration plan or an international registration plan, means any Contracting State that is a member of the international operating agency that established the plan.
Director means the Director of Aviation Safety appointed under section 84.
Director of CAA New Zealand has the same meaning as Director has in the Civil Aviation Act 1990 of New Zealand.
flight means:
(a) in the case of a heavier‑than‑air aircraft, the operation of the aircraft from the moment at which the aircraft first moves under its own power for the purpose of taking‑off until the moment at which it comes to rest after being airborne; and
(b) in the case of a lighter‑than‑air aircraft, the operation of the aircraft from the moment when it becomes detached from the surface of the earth or from a fixed object on the surface of the earth until the moment when it becomes again attached to the surface of the earth or a fixed object on the surface of the earth.
foreign registered aircraft means an aircraft registered:
(a) in a foreign country; or
(b) under a joint registration plan or an international registration plan.
ICAO means the International Civil Aviation Organization referred to in the Chicago Convention.
in force for Australia, in relation to a New Zealand AOC with ANZA privileges, has the meaning given by section 3AA.
inspection powers, in relation to prescribed premises, means the following powers:
(a) power to search the premises;
(b) power to inspect, examine, and take samples of, any substance or thing on or in the premises;
(c) power to photograph, or make sketches of, the premises and any substance or thing on or in the premises;
(d) power to take extracts from, or make copies of, any books, records or documents relating to an aircraft or required to be kept under this Act or the regulations.
international operating agency has the same meaning as in the regulations.
international registration plan has the same meaning as in the regulations.
investigator means an investigator appointed under section 32AA.
joint registration plan has the same meaning as in the regulations.
licence, except in paragraph 26(2)(b), includes a rating or other endorsement on a licence.
maintenance means any task required to ensure, or that could affect, the continuing airworthiness of an aircraft or aeronautical product, including any one or combination of overhaul, repair, inspection, replacement of an aeronautical product, modification or defect rectification.
manoeuvring area means that part of an aerodrome to be used for the take‑off and landing of aircraft and for the movement of aircraft associated with take‑off and landing, but does not include any part of an aerodrome to be used:
(a) for the purpose of enabling passengers to board aircraft or disembark from aircraft;
(b) for loading cargo on to aircraft or unloading cargo from aircraft; or
(c) for refuelling, parking or carrying out maintenance on aircraft.
New Zealand has the same meaning as in the Interpretation Act 1999 of New Zealand.
New Zealand AOC with ANZA privileges has the same meaning as in section 2 of the Civil Aviation Act 1990 of New Zealand.
New Zealand temporary stop notice has the same meaning as in section 2 of the Civil Aviation Act 1990 of New Zealand.
non‑scheduled flight means a flight over or into Australian territory otherwise than under the authority of an international airline licence issued under the Air Navigation Act 1920.
occupier, in relation to prescribed premises, being an aircraft, vessel or vehicle, means the person apparently in charge of the aircraft, vessel or vehicle.
officer means a member of the staff of CASA.
operate, in relation to an aerodrome, includes manage, maintain and improve the aerodrome.
premises means:
(a) an area of land or any other place, whether or not it is enclosed or built on; or
(b) a structure, building, aircraft, vessel or vehicle;
and includes a part of any such premises.
prescribed premises means premises connected with, or used for the purposes of, activities related to civil aviation, or where any records relating to such activities are kept.
provide includes maintain, operate and use.
regulated domestic flight means a flight:
(a) that is undertaken wholly within Australia for a purpose prescribed by the regulations for the purposes of subsection 27(9); and
(b) that is not undertaken as part of a flight into or out of Australian territory.
regulatory function means the function under subsection 9(1).
show cause notice means a written notice to the holder of a civil aviation authorisation:
(a) that, by this Act or the regulations, is required to set out the reasons why CASA is considering making a decision under the Act or regulations; and
(b) that is required to state a period during which the holder may show cause why CASA should not make the decision.
state aircraft means:
(a) aircraft of any part of the Defence Force (including any aircraft that is commanded by a member of that Force in the course of duties as such a member); and
(b) aircraft used in the military, customs or police services of a foreign country.
time‑in‑service, in relation to an aircraft, has the same meaning as in the regulations.
vehicle includes:
(a) a trailer, caravan or portion of an articulated vehicle; and
(b) an object that was designed or adapted for use as a vehicle but is incapable of being so used because:
(i) a part has, or parts have, been removed from it; or
(ii) it is in a wrecked or damaged condition.
3AA When a New Zealand AOC with ANZA privileges is in force for Australia
(1) For the purposes of this Act, a New Zealand AOC with ANZA privileges is in force for Australia if the AOC:
(a) is current under the Civil Aviation Act 1990 of New Zealand; and
(b) has come into force for Australia under subsection 28C(1) of this Act.
(2) However, while an Australian temporary stop notice is in force in relation to particular activities authorised by a New Zealand AOC with ANZA privileges, the AOC is not in force for Australia in relation to those activities.
The main object of this Act is to establish a regulatory framework for maintaining, enhancing and promoting the safety of civil aviation, with particular emphasis on preventing aviation accidents and incidents.
4 Application to state aircraft
Except where the expression state aircraft is used, references in Part III or IIIB or section 98 to aircraft or air navigation do not include references to state aircraft or air navigation by state aircraft.
4A Application to aircraft subject to 83 bis agreements
(1) In this section:
function includes duties;
this Act includes the regulations.
(2) Despite anything in this Act, a provision in this Act (the applied provision) applies to an aircraft that is registered in a Contracting State as if the aircraft were an Australian aircraft if:
(a) an 83 bis agreement to which Australia is a party and which is in force has the effect of transferring a function of the Contracting State as the State of registry in respect of the aircraft to Australia; and
(b) the agreement states that the applied provision relates to that function.
(3) Despite anything in this Act, a provision in this Act (the disapplied provision) does not apply to an Australian aircraft if:
(a) an 83 bis agreement to which Australia is a party and which is in force has the effect of transferring a function of Australia as the State of registry in respect of the aircraft to a Contracting State; and
(b) the agreement states that the disapplied provision relates to that function.
(4) Despite anything in this Act, a reference in this Act (other than subsections (2) and (3) of this section) to or in relation to a Contracting State in which an aircraft is registered includes a reference to or in relation to another Contracting State to which any function of the State of registry in respect of that aircraft has been transferred under an 83 bis agreement that has effect in relation to Australia in accordance with Article 83 bis of the Chicago Convention.
(5) If:
(a) Australia has entered into an 83 bis agreement; or
(b) an 83 bis agreement to which Australia is a party has been amended;
CASA must, as soon as practicable, publish a Gazette notice setting out particulars of the agreement or amendment.
(6) Without limiting subsection (5), the notice must set out:
(a) the Contracting State that is the other party to the agreement; and
(b) the date of commencement of the agreement or amendment; and
(c) the aircraft to which the agreement or amendment relates; and
(d) the functions of the State of registry in respect of the aircraft that are transferred under the agreement or amendment; and
(e) the provisions of this Act that are stated in the agreement or amendment to be related to the functions.
(7) If an 83 bis agreement has ceased to be in force, CASA must, as soon as practicable, publish a Gazette notice setting out particulars of that cessation.
(8) A notice under subsection (5) or (7) is evidence of the matters stated in it.
(1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.
(2) Nothing in this Act renders the Crown liable to be prosecuted for an offence, but this subsection does not prevent the prosecution of:
(a) a member of the crew of an aircraft owned by the Crown; or
(b) any other person employed by the Crown.
6 Extension to external Territories
This Act extends to all the external Territories.
7 Extra‑territorial application
This Act extends to matters relating to:
(a) foreign registered aircraft flying into or out of Australian territory or operating in Australian territory; and
(aa) foreign registered aircraft specified in any 83 bis agreement that has the effect of transferring functions or duties; and
(ab) the provision of services referred to in subsection 9(4); and
(b) subject to any 83 bis agreement, Australian aircraft operating outside Australian territory; and
(c) ANZA activities in New Zealand authorised by Australian AOCs with ANZA privileges.
7A Application of the Criminal Code
Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences created by this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Part II—Establishment, functions etc. of CASA
(1) An authority called the Civil Aviation Safety Authority is established by this subsection.
(2) CASA:
(a) is a body corporate with perpetual succession;
(b) shall have a seal; and
(c) may sue and be sued in its corporate name.
Note: The Commonwealth Authorities and Companies Act 1997 applies to the CASA. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.
(3) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of CASA appearing on a document and shall presume that the document was duly sealed.
(1) CASA has the function of conducting the safety regulation of the following, in accordance with this Act and the regulations:
(a) civil air operations in Australian territory;
(b) the operation of Australian aircraft outside Australian territory;
(ba) ANZA activities in New Zealand authorised by Australian AOCs with ANZA privileges;
by means that include the following:
(c) developing and promulgating appropriate, clear and concise aviation safety standards;
(d) developing effective enforcement strategies to secure compliance with aviation safety standards;
(e) issuing certificates, licences, registrations and permits;
(f) conducting comprehensive aviation industry surveillance, including assessment of safety‑related decisions taken by industry management at all levels for their impact on aviation safety;
(g) conducting regular reviews of the system of civil aviation safety in order to monitor the safety performance of the aviation industry, to identify safety‑related trends and risk factors and to promote the development and improvement of the system;
(h) conducting regular and timely assessment of international safety developments.
(2) CASA also has the following safety‑related functions:
(a) encouraging a greater acceptance by the aviation industry of its obligation to maintain high standards of aviation safety, through:
(i) comprehensive safety education and training programs; and
(ii) accurate and timely aviation safety advice; and
(iii) fostering an awareness in industry management, and within the community generally, of the importance of aviation safety and compliance with relevant legislation;
(b) promoting full and effective consultation and communication with all interested parties on aviation safety issues.
(3) CAS