Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p56
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 56/76)
Character Range: 1977244–1980149

MEL for the aircraft.
Subpart 91.Z—Foreign aircraft

91.965  Foreign registered aircraft—Chicago Convention
 (1) The operator and the pilot in command of a foreign registered aircraft each contravene this subregulation if:
 (a) the aircraft is flown in Australian territory; and
 (b) the aircraft does not comply with a requirement of the Chicago Convention relating to:
 (i) the nationality mark and registration mark of the aircraft; or
 (ii) the aircraft's certificate of airworthiness; or
 (iii) the number and description of, and the holding of, licences and ratings by the crew members of the aircraft; or
 (iv) the documents to be carried by the aircraft; or
 (v) the flight and manoeuvre of the aircraft; or
 (vi) radio equipment carried by, or fitted to, the aircraft.
 (2) Subparagraph (1)(b)(ii) does not apply if a special flight authorisation has been granted and is in force.
Note: The requirements of the Chicago Convention about certificates of airworthiness relate to aircraft with a standard certificate of airworthiness. Foreign aircraft with the equivalent of a special certificate of airworthiness or a special flight permit require a special flight authorisation to be flown in Australian territory: see regulation 91.970.
 (3) Subparagraphs (1)(b)(iv), (v) and (vi) do not apply in relation to a requirement of the Chicago Convention to the extent that the requirement is inconsistent with a requirement under another provision of this Part.
 (4) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.
Note 1: A defendant bears an evidential burden in relation to the matters in subregulation (2) or (3): see subsection 13.3(3) of the Criminal Code.
Note 2: See also sections 25, 26 and 27A of the Act for conditions that may be imposed by CASA on the operation of foreign registered aircraft in Australian territory.

91.970  Foreign registered aircraft—special flight authorisations
 (1) A person may apply to CASA for a special flight authorisation in respect of a foreign registered aircraft to fly the aircraft in Australian territory without the certificate of airworthiness required by subparagraph 91.965(1)(b)(ii).
 (2) Subject to regulation 11.055, CASA must grant the authorisation.
 (3) The pilot in command of a foreign registered aircraft contravenes this subregulation if:
 (a) the aircraft is flown in Australian territory; and
 (b) a special flight authorisation is in force in respect of the aircraft; and
 (c) the pilot in command fails to comply with a condition of the special flight authorisation for the flight.
 (4) A person commits an offence of strict liability if the person contravenes subregulation (3).
Penalty: 50 penalty units.

91.975  Foreign state aircraft—approval to fly in Australian territory
 (1) The operator and the pilot in command of a state aircraft of a foreign country