Document ID: chunk:federal_register_of_legislation:C2004A01168:clause:1_8
Version: federal_register_of_legislation:C2004A01168
Segment Type: clause
Provision Reference: sch 1 cl 8
Character Range: 5704–6859

8  Subsection 20AA(3)
Repeal the subsection, substitute:

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.