Document ID: chunk:federal_register_of_legislation:C2004A04248:body:0:p8
Version: federal_register_of_legislation:C2004A04248
Segment Type: other
Provision Reference: 
Character Range: 19025–21986

etc.

"20AA.(1) A person must not fly an aircraft within Australian territory unless:

    (a) the aircraft is registered under the Civil Aviation regulations; or

    (b) the aircraft is, under this Act or those regulations, not required to be registered under those regulations; or

    (c) the aircraft:

         (i) is employed in private operations; and

         (ii) possesses the nationality of a Contracting State.

"(2) In subsection (1), 'employed in private operations' has the same meaning as it has in the Civil Aviation Regulations.

"(3) An Australian aircraft is not to commence a flight unless:

    (a) a certificate of airworthiness under the Civil Aviation Regulations is in force in respect of the aircraft; or

    (b) the Civil Aviation Regulations authorise the flight without the certificate.

"(4) An Australian aircraft is not to commence a flight unless:

    (a) a maintenance release under the Civil Aviation Regulations is in force in respect of the aircraft; or

    (b) the Civil Aviation Regulations authorise the flight without the release.

"(5) An owner, operator, hirer (not being the Crown) or pilot of an aircraft must not knowingly or recklessly:

    (a) operate the aircraft; or

    (b) permit the aircraft to be operated;

so as to contravene subsection (3) or (4).

Penalty: Imprisonment for 2 years.

Flying aircraft without licence etc.

"20AB.(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 Civil Aviation 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 in Australian territory; or

    (b) an aircraft component for such an aircraft; or

    (c) aircraft material for such an aircraft;

unless the person is permitted by the Civil Aviation Regulations to carry out that maintenance.

Penalty: Imprisonment for 2 years.

"(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 Civil Aviation Regulations.

"(4) In this section, 'aircraft component', 'aircraft material', 'flight time' and 'maintenance' have the same meanings as in the Civil Aviation Regulations.

Purported issue of authorisation

"20AC.(1) A person must not purport to give a civil aviation authorisation for the purposes of the Civil Aviation 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