Commonwealth: Civil Aviation Act 1988 (Cth)

Civil Aviation Act 1988 No. 63, 1988 Compilation No. 64 Compilation date: 14 October 2024 Includes amendments: Act No. 39, 2024 About this compilation This compilation This is a compilation of the Civil Aviation Act 1988 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part I—Preliminary 1 Short title 2 Commencement 3 Interpretation 3AA When a New Zealand AOC with ANZA privileges is in force for Australia 3A Main object of this Act 4 Application to state aircraft 4A Application to aircraft subject to 83 bis agreements 5 Act to bind Crown 6 Extension to external Territories 7 Extra‑territorial application 7A Application of the Criminal Code Part II—Establishment, functions etc. of CASA 8 Establishment of CASA 9 CASA's functions 9A Performance of functions 11 Functions to be performed in accordance with international agreements 11A Compliance with Australian Airspace Policy Statement 12 Directions 12A Minister may give the Board notices about its strategic direction etc. 12B Minister may direct CASA to give documents and information to nominee 13 CASA's powers 16 Consultation Part III—Regulation of civil aviation Division 1—General regulatory provisions 19 Civil Air Ensign 20AA Flying unregistered aircraft etc. 20AB Flying aircraft without licence etc. 20AC Purported issue of authorisation 20 Defence aerodromes 20A Reckless operation of aircraft 21 Interference with aeronautical facilities 22 Interception etc. of aircraft 23 Dangerous goods 23A Statements of the contents of cargo 23B Training relating to dangerous goods 24 Interference with crew or aircraft 25 Non‑scheduled flights by foreign registered aircraft 26 Aircraft on international flights to have permission Division 1A—General provisions about mutual recognition under the ANZA mutual recognition agreements 26A Guide to how this Act deals with mutual recognition between Australia and New Zealand 26B Disclosure of information by CASA to the Director of CAA New Zealand 26C Obligation to consult Director of CAA New Zealand before taking certain actions 26D Delegation of Australian powers to employees of CAA New Zealand 26E Delegation of New Zealand powers and functions to CASA officers Division 2—Air Operators' Certificates (AOCs) Subdivision A—General 27 AOCs Subdivision B—Application for AOC 27AA Application in approved form 27AB Lodgment of manuals 27AC CASA may require information etc. and inspections etc. 27AD CASA may require proving flights etc. 27AE Application for foreign aircraft AOC 27AF CASA not required to consider application until requirements complied with Subdivision C—Operation of a foreign registered aircraft without AOC 27A Permission for operation of foreign registered aircraft without AOC Subdivision D—Issue of AOCs 28 CASA must issue AOC if satisfied about certain matters 28A Additional conditions for issue of AOC in relation to certain foreign registered aircraft 28AA Matters that CASA may have regard to in issuing an AOC in relation to certain flights by foreign registered aircraft 28B Additional conditions for issue of an Australian AOC with ANZA privileges Subdivision E—Conditions of AOC 28BA General conditions 28BAA Certain conditions for grant of AOC also have effect as ongoing conditions on the AOC 28BB CASA may impose and vary AOC conditions 28BC Limits on CASA's powers in relation to suspension, cancellation and AOC conditions 28BD Compliance with civil aviation law 28BE Duty to exercise care and diligence 28BF Organisation, personnel etc. 28BG Operations headquarters and suitable buildings 28BH Reference library 28BI Personal injury liability insurance Subdivision F—Other provisions relating to Australian and New Zealand AOCs with ANZA privileges 28C Certain documents and information to be given to CASA by holder of New Zealand AOC with ANZA privileges 28D Director's power to give an Australian temporary stop notice to holder of New Zealand AOC with ANZA privileges 28E Revocation of an Australian temporary stop notice 28F CASA's obligation on receiving copy of a New Zealand temporary stop notice 28G Disapplying regulations that would otherwise apply to the holder of a New Zealand AOC with ANZA privileges Division 3—General offences in relation to aircraft 29 Offences in relation to aircraft 30 Weather etc. to be a defence 30A Court may impose exclusion period if offence committed 30B Variation and termination of exclusion order 30C Court to give CASA details of exclusion orders Division 3A—Serious and imminent risks to air safety Subdivision A—Preliminary 30DA Engage in conduct Subdivision B—Suspension for contravening the serious and imminent risk prohibition 30DB Serious and imminent risk prohibition 30DC Suspension 30DD CASA may suspend despite other processes Subdivision C—Court order in relation to the serious and imminent risk prohibition 30DE Application for and making of order 30DF Court may vary period of order Subdivision D—Investigation and further action by CASA 30DG CASA must investigate circumstances giving rise to suspension decision 30DH CASA may give a show cause notice within 5 days after end of order 30DI CASA may vary, suspend or cancel an authorisation within 5 days after end of show cause period 30DJ When a suspension under section 30DC ends Division 3B—Enforceable voluntary undertakings 30DK Enforceable voluntary undertakings Division 3C—Protection from administrative action for voluntary reporting Subdivision A—Preliminary 30DL Definitions 30DM Prescribed person 30DN Voluntary reporting scheme Subdivision B—Protection from administrative action 30DO Protection for reporting a reportable contravention 30DP Proof of report 30DQ Only protected once every 5 years 30DR Use of information Division 3D—Demerit points scheme Subdivision A—Preliminary 30DS Definitions 30DT Regulations may prescribe offences that the demerit points scheme applies to 30DU Classes of civil aviation authorisations 30DV Other regulations Subdivision B—Incurring demerit points 30DW When demerit points are incurred 30DX Demerit points are incurred in relation to a class of authorisations Subdivision C—Consequences of incurring demerit points 30DY First‑time demerit suspension notice 30DZ Second‑time demerit suspension notice 30EA Details in a demerit suspension notice 30EB Suspension period not to be served concurrently 30EC Demerit cancellation notice 30ED Details in a demerit cancellation notice 30EE Expiry of demerit points Subdivision D—Reinstatement of civil aviation authorisation in special circumstances 30EF CASA may reinstate if satisfied that holder's livelihood depends on authorisation Subdivision E—Administration of the demerit points scheme 30EG CASA must maintain a demerit points register 30EH CASA may maintain other records 30EI Demerit points incurred to be included in register 30EJ Expired points to be removed from register Division 4—Miscellaneous 31 Review of decisions 31A Automatic stay of certain reviewable decisions 31B Stay ends if application is withdrawn 31C Tribunal's ordinary powers not affected 31D CASA may still suspend for a serious and imminent risk 32 Powers and functions under State and Territory laws Part IIIA—Investigation powers Division 1—Appointment of investigators and issue of identity cards 32AA Appointment of investigators 32AB Identity cards Division 2—Powers of investigators Subdivision A—Searches without a warrant 32AC Search with consent to monitor compliance 32ACA Search with consent for evidence in relation to civil aviation offences 32ACB Consent to enter premises Subdivision B—Applying for and issuing a warrant 32AD Monitoring warrants 32AF Offence related warrants 32AG Warrants may be granted by telephone 32AH Seizures related to civil aviation offences Subdivision C—General provisions about executing a warrant 32AHA Announcement before entry 32AHB Assistance and force in executing a warrant 32AHC Copy of warrant to be shown to occupier etc. 32AHD Occupier entitled to watch search 32AHE Specific powers available to investigator executing a warrant 32AHF Use of equipment to examine or process things 32AHG Use of electronic equipment at premises without expert assistance 32AHH Use of electronic equipment at premises with expert assistance 32AHI Person with knowledge of a computer or a computer system to assist access etc. 32AHJ Accessing data held on other premises—notification to occupier of those premises 32AHK Compensation for damage to electronic equipment 32AHL Copies of seized things to be provided 32AHM Receipts of things seized under warrant 32AHN Retention of seized things 32AHO Magistrate may permit a thing to be retained 32AJ Power to require persons to answer questions and produce documents 32AK Powers in relation to aircraft etc. 32AL Destruction or disposal of certain goods 32AM Compensation for acquisition of property Division 3—Offences 32AMA Making false statements in warrants 32AMB Offence for stating incorrect names in telephone warrants 32AMC Offence for unauthorised form of warrant 32AMD Offence for executing etc. an unauthorised form of warrant 32AME Offence for giving unexecuted form of warrant Division 4—Miscellaneous 32AMF Other laws about search and seizure not affected 32AMG Magistrates—personal capacity Part IIIB—Protection of CVR (cockpit voice recording) information 32AN Definitions 32AO Definition of CVR or cockpit voice recording 32AP Copying or disclosing CVR information 32AQ CVR information no ground for disciplinary action 32AR Admissibility of CVR information in criminal proceedings against crew members 32AS Admissibility of CVR information in civil proceedings 32AT Examination by a court of CVR information under subsection 32AS(3) 32AU Where a court makes an order under subsection 32AS(3) Part IV—Drug and alcohol management plans and testing Division 1—Definitions 33 Definitions Division 2—Regulations 34 General regulation‑making power 35 Drug and alcohol management plans 36 Drug or alcohol tests 37 Conferral of administrative powers 38 Conferral of power to make legislative instruments 39 General regulation‑making power not limited Part V—Corporate plan 44 Corporate plan 45 Minister's response to corporate plan Part VI—Finance 46 CASA to be paid money appropriated by Parliament 46A Payment of amounts of levy to CASA 47 Application and investment of money 49 Extra matters to be included in annual report 50 Taxation Part VII—Board of CASA Division 1—Establishment and functions 51 Establishment 52 Membership 53 Functions Division 2—Appointment etc. of Board members 54 Appointment 55 Term of appointment 56 Remuneration and allowances 57 Leave of absence 58 Outside employment 59 Resignation 60 Termination of appointment 61 Other terms and conditions 62 Acting Chair 63 Acting Board members Division 3—Board procedures Subdivision A—Meetings 64 Times and places of meetings 65 Presiding at meetings 66 Quorum 67 Voting at meetings etc. 68 Conduct of meetings 69 Minutes Subdivision B—Decisions without meetings 70 Decisions without meetings 71 Record of decisions Part VIIA—The Director and staff of CASA Division 1—Appointing the Director 72 Director 73 Duties 74 Appointment 75 Term of appointment 76 Remuneration and allowances 77 Leave of absence 78 Outside employment 79 Other terms and conditions 80 Resignation 81 Termination of appointment 82 Acting Director Division 2—Staff of CASA 83 Staff of CASA 84 Consultants Part VIII—Miscellaneous 94 Delegation by the Director 95 Delegation by Board 95A Delegation by Secretary of the Department 95B Delegation by Minister 96 Tabling of directions, notices etc. of the Minister 97 Payment of prescribed fees 97AA Prescribed fees payable to CASA 97AB Charging of fees by external service providers 97A Conduct by directors, employees and agents 98 Regulations etc. Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history 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 Part I—Preliminary 1 Short title This Act may be cited as the Civil Aviation Act 1988. 2 Commencement (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. 3 Interpretation 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; (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. Board means the Board of CASA. Board member means a member of the Board appointed in accordance with section 54. 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. Chair means the Chair of the Board. 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 legislation means: (a) this Act or the regulations; or (b) legislative instruments made under this Act or the regulations; or (c) Chapter 7 of the Criminal Code, insofar as that Chapter applies to conduct in relation to: (i) this Act or the regulations; or (ii) legislative instruments made under this Act or the regulations; or (iii) CASA; or (iv) an officer acting, or purporting to act, in the course of the officer's official duties; or (v) an authorised person acting, or purporting to act, in accordance with powers conferred under the regulations; or (vi) a person to whom a power or function has been delegated under this Act, the regulations, or an instrument made under this Act or the regulations. civil aviation offence means an offence against the civil aviation legislation. Civil Aviation Orders means the orders made under subsection 98(4A) or referred to in subsection 98(5). commercial presence means any type of business or professional establishment. Example: A person can have a commercial presence through the creation or maintenance of a branch or representative office. constitutional corporation means: (a) a corporation to which paragraph 51(xx) of the Constitution applies; or (b) a body corporate that is incorporated in a Territory. Contracting State means a foreign country that is a party to the Chicago Convention. 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. data has the same meaning as in Part IAA of the Crimes Act 1914. data held in a computer has the same meaning as in Part IAA of the Crimes Act 1914. data storage device has the same meaning as in Part IAA of the Crimes Act 1914. Deputy Chair means the Deputy Chair of the Board. Director means the Director of Aviation Safety appointed under section 74. Director of CAA New Zealand has the same meaning as Director has in the Civil Aviation Act 1990 of New Zealand. evidential material means a thing that may be relevant to a civil aviation offence. Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013. 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). safety rules, in relation to a permission or AOC, means the provisions of this Act, the regulations and the Civil Aviation Orders that relate to safety (including rules about the competence of persons to do anything that would be covered by the permission or AOC). 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. unmanned aircraft levy means the levy imposed by the Civil Aviation (Unmanned Aircraft Levy) Act 2020. 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. 3A Main object of this Act 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 prima facie evidence of the matters stated in it. 5 Act to bind Crown (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory. (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 8 Establishment 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 Public Governance, Performance and Accountability Act 2013 applies to the CASA. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources. (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. 9 CASA's functions (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; (da) administering Part IV (about drug and alcohol management plans and testing); (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) CASA also has the following functions: (aa) implementing the ANZA mutual recognition agreements; (a) cooperating with the Australian Transport Safety Bureau in relation to investigations under the Transport Safety Investigation Act 2003 that relate to aircraft; (b) any functions conferred on CASA under the Civil Aviation (Carriers' Liability) Act 1959, or under a corresponding law of a State or Territory; (ba) enforcing the requirements of this Act and the regulations in relation to insurance and financial arrangements required under Part IVA of the Civil Aviation (Carriers' Liability) Act 1959; (c) any functions conferred on CASA under the Air Navigation Act 1920; (ca) entering into 83 bis agreements on behalf of Australia; (cb) any functions conferred on CASA under the Aviation Transport Security Act 2004; (cc) any functions conferred on CASA under the Airspace Act 2007 or under regulations under that Act; (cd) any functions conferred on CASA under the International Interests in Mobile Equipment (Cape Town Convention) Act 2013 or rules made under that Act; (d) any other functions prescribed by the regulations, being functions relating to any matters referred to in this section; (e) promoting the development of Australia's civil aviation safety capabilities, skills and services, for the benefit of the Australian community and for export; (f) providing consultancy and management services relating to any of the matters referred to in this section, both within and outside Australian territory; (g) any functions incidental to any of the functions specified in this section. (4) In performing the function under paragraph (3)(f), CASA may, under a contract with a foreign country or with an agency of a foreign country, provide services for that country or agency in relation to the regulation of the safety of air navigation or any other matter in which CASA has expertise. Those services may include conducting safety regulation in relation to foreign registered aircraft under the law of a foreign country. 9A Performance of functions (1) In exercising its powers and performing its functions, CASA must regard the safety of air navigation as the most important consideration. (2) Subject to subsection (1), CASA must exercise its powers and perform its functions in a manner that ensures that, as far as is practicable, the environment is protected from: (a) the effects of the operation and use of aircraft; and (b) the effects associated with the operation and use of aircraft. (3) Subject to subsection (1), in developing and promulgating aviation safety standards under paragraph 9(1)(c), CASA must: (a) consider the economic and cost impact on individuals, businesses and the community of the standards; and (b) take into account the differing risks associated with different industry sectors. 11 Functions to be performed in accordance with international agreements CASA shall perform its functions in a manner consistent with the obligations of Australia under the Chicago Convention and any other agreement between Australia and any other country or countries relating to the safety of air navigation. 11A Compliance with Australian Airspace Policy Statement (1) Subject to subsection 9A(1), CASA must exercise its powers and perform its functions in a manner consistent with the Australian Airspace Policy Statement. (2) If CASA proposes to exercise a power or perform a function in a manner that is inconsistent with the Australian Airspace Policy Statement, CASA must notify the Minister in writing that it is proposing to do so and of its reasons. (3) In this section: Australian Airspace Policy Statement means the statement made under subsection 8(1) of the Airspace Act 2007. 12 Directions (1) The Minister may give the Board written directions as to the performance of its functions or the exercise of its powers. (1A) Without limiting subsection (1), a direction under that subsection may require the Board to consult: (a) in the manner specified by the Minister; and (b) about matters specified by the Minister; and (c) with bodies and organisations specified by the Minister. (2) Directions as to the performance of its regulatory function shall be only of a general nature. (4) The Board must comply with a direction given under subsection (1). (5) This section does not affect the application of section 22 of the Public Governance, Performance and Accountability Act 2013 (which deals with the application of government policy to corporate Commonwealth entities) in relation to CASA. 12A Minister may give the Board notices about its strategic direction etc. (1) The Minister may notify the Board in writing of the Minister's views on the following matters: (a) the appropriate strategic direction for CASA; (b) the manner in which CASA should perform its functions. (1A) Subsection (1) does not permit the Minister to notify views in relation to a particular case or a particular holder of a civil aviation authorisation. (2) In performing its functions, the Board must act in accordance with notices given under subsection (1). 12B Minister may direct CASA to give documents and information to nominee (1) The Minister may direct CASA to give to a specified ministerial nominee any documents or information relating to CASA's operations that the nominee requests. (2) CASA must comply with the direction. (3) In this section: ministerial nominee means a person whose responsibilities or duties include advising the Minister about CASA's performance and strategies. 13 CASA's powers (1) In addition to any other powers conferred on it by this Act, CASA has, subject to this Act, power to do all things necessary or convenient to be done for or in connection with the performance of its functions. (2) Without limiting the generality of subsection (1), the powers include, subject to this Act, power: (a) to enter into contracts; and (b) to acquire, hold and dispose of real and personal property; and (e) to let on hire plant, machinery, equipment or goods of CASA not immediately required by CASA; and (f) to do anything incidental to any of the powers specified in this subsection or otherwise conferred on CASA. (4) Where CASA may provide a service, CASA may do so: (a) itself; (b) in co‑operation with another person (including the Commonwealth); or (c) by arranging for another person (including the Commonwealth) to do so on its behalf. (5) CASA may appoint a body or bodies to advise CASA in relation to the performance of its functions. 16 Consultation In the performance of its functions and the exercise of its powers, CASA must, where appropriate, consult with government, commercial, industrial, consumer and other relevant bodies and organisations (including ICAO and bodies representing the aviation industry). Part III—Regulation of civil aviation Division 1—General regulatory provisions 19 Civil Air Ensign (1) The design and colours of the Civil Air Ensign of Australia are as specified by notification in the Gazette on 4 March 1948, until another ensign is appointed in its place under section 5 of the Flags Act 1953. (2) The Civil Air Ensign of Australia may be flown or otherwise displayed: (a) by CASA; or (aa) by AA; or (b) on an Australian aircraft engaged in international air navigation; or (c) with the permission of CASA and in accordance with any conditions specified in the permission. (3) Except as provided in subsection (2), a person shall not fly or otherwise display the Civil Air Ensign. Penalty: 5 penalty units. (4) An offence under subsection (3) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 20AA Flying unregistered aircraft etc. Flying an unregistered aircraft (1) A person must not fly an aircraft within Australian territory if: (a) the aircraft is not registered under the regulations; and (b) the aircraft is, under this Act or those regulations, required to be registered under those regulations. Penalty: Imprisonment for 2 years. (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. (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 interference with communications to or from aircraft, or communications to or from centres established for air traffic control, or with navigational aids or with surveillance systems, in circumstances that are likely to endanger the safety of aircraft engaged in interstate or international air navigation or air navigation within, to or from a Territory. (3) CASA may serve a notice on the proprietor directing the proprietor to permit the installation to be inspected and tested by an officer. (4) Upon the service of the notice, an officer may enter the premises or place where the installation is installed, kept or operated and inspect or test the installation. (5) An officer exercising powers under subsection (4) shall produce identification in writing if requested to do so. (6) If as a result of such an inspection or otherwise, CASA considers it necessary to do so for the safety of aircraft referred to in subsection (2), CASA may serve a notice on the proprietor directing the proprietor to make such modifications to the installation, or to take such other action, as is necessary to eliminate the cause of the interference, within a reasonable time specified in the notice. (7) If the installation has been installed and is used and operated in accordance with all applicable laws, the proprietor may recover from CASA the amount of all reasonable expenses incurred, and of loss actually suffered, in complying with a direction under subsection (6). (8) A person must not fail to comply with a direction contained in a notice under this section. Penalty: Imprisonment for 12 months. (8A) Subsection (8) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (8A) (see subsection 13.3(3) of the Criminal Code). (9) If the proprietor fails to comply with a direction under subsection (6), CASA may authorise an officer, with such reasonable assistance as the officer requires, to enter the premises or place in which the installation is installed, kept or operated, with such force as is necessary and reasonable, and to take the action that was so directed. (10) A notice under this section may be served personally or may be served by post at the last‑known place of residence or business of the proprietor or at the address at which the installation is installed, kept or operated. (11) The Director may, in writing, delegate any of CASA's powers under this section to AA. (12) The Chief Executive Officer of AA may delegate to a member or employee of AA any powers that are delegated to AA under subsection (11). (13) In this section: officer includes an employee of AA. 22 Interception etc. of aircraft (1) This section applies to: (a) an Australian aircraft; or (b) any other aircraft (including an aircraft that is not registered anywhere) that is, at the relevant time, being operated by an Australian operator. (2) The pilot in command of an aircraft that is in flight over the territory of a foreign country shall not operate the aircraft for a purpose that is prejudicial to the security or public order of, or to the safety of air navigation in relation to, the foreign country. Penalty: Imprisonment for 2 years. (3) Where: (a) an aircraft flies over the territory of a foreign country; and (b) either: (i) the flight is required to be authorised by the foreign country and is not so authorised; or (ii) there are reasonable grounds for believing that the aircraft is being operated for a purpose that is prejudicial to the security or public order of, or to the safety of air navigation in relation to, the foreign country; the pilot in command of the aircraft shall comply with any direction given by an authorised official of the foreign country: (c) requiring that the aircraft land at a specified aerodrome in the territory of the foreign country; or (d) for the purpose of preserving the security or public order of, or the safety of air navigation in relation to, the foreign country. Penalty: Imprisonment for 2 years. (4) In a prosecution of a person for an offence against subsection (3) it is a defence if it is established that the person believed on reasonable grounds that compliance with the direction would be more likely to endanger the safety of the aircraft or of persons on board the aircraft than would a failure to comply with the direction. (5) Subsections (2) and (3) do not affect any other obligation imposed by law, including the law of a foreign country, to comply with a direction given by an authorised official of a foreign country. (6) Where a person has been convicted of an offence in respect of an act or omission under the law of the foreign country, the person is not liable to be convicted of an offence arising under subsection (2) or (3) in respect of the act or omission. (7) In this section: Australian operator means an operator whose principal place of business, or whose place of permanent residence, is in Australian territory. authorised official, in relation to a foreign country, means: (a) a member of the military, police, customs or air‑traffic control services of the foreign country; or (b) a person authorised by the foreign country to give directions to aircraft flying over the territory of the foreign country. operator has the same meaning as in the regulations. territory, in relation to a foreign country, means the land and the adjacent territorial sea under the sovereignty, suzerainty, protection or mandate of the foreign country. 23 Dangerous goods (1) An aircraft must not carry dangerous goods except: (a) in accordance with the regulations, including any conditions subject to which the regulations permit the carriage of those goods; or (ab) in accordance with the Aviation Transport Security Regulations 2005, including any conditions subject to which those regulations permit the carriage of those goods; or (b) with the written permission of CASA and in accordance with any conditions specified in the permission. (2) A person must not carry or consign for carriage any dangerous goods on board an aircraft except: (a) in accordance with the regulations, including any conditions subject to which the regulations permit the carriage or consignment of those goods; or (ab) in accordance with the Aviation Transport Security Regulations 2005, including any conditions subject to which those regulations permit the carriage or consignment of those goods; or (b) with the written permission of CASA and in accordance with any conditions specified in the permission. Penalty: Imprisonment for 7 years. (2AA) A person must not carry or consign for carriage any goods on board an aircraft and be negligent as to whether the goods are dangerous goods, except: (a) in accordance with the regulations, including any conditions subject to which the regulations permit the carriage or consignment of those goods; or (b) in accordance with the Aviation Transport Security Regulations 2005, including any conditions subject to which those regulations permit the carriage or consignment of those goods; or (c) with the written permission of CASA and in accordance with any conditions specified in the permission. Penalty: Imprisonment for 2 years. (2A) A person must not carry or consign for carriage any dangerous goods on board an aircraft, except: (a) in accordance with the regulations, including any conditions subject to which the regulations permit the carriage or consignment of those goods; or (ab) in accordance with the Aviation Transport Security Regulations 2005, including any conditions subject to which those regulations permit the carriage or consignment of those goods; or (b) with the written permission of CASA and in accordance with any conditions specified in the permission. Penalty: Imprisonment for 2 years. (2B) An offence under subsection (2A) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (3) In this section: dangerous goods means: (a) explosive substances; and (b) things: (i) which by reason of their nature are liable to endanger the safety of an aircraft or persons on board an aircraft; or (ii) which the regulations declare to be dangerous goods. (3A) Regulations made for the purposes of subparagraph (b)(ii) of the definition of dangerous goods in subsection (3) may apply, adopt or incorporate (with or without modification) the Dangerous Goods List contained in the Technical Instructions for the Safe Transport of Dangerous Goods by Air, approved and published by decision of the Council of the International Civil Aviation Organisation, as in force from time to time. (4) Nothing in this section prevents the carriage and use on aircraft of signalling apparatus and other apparatus necessary for the operation or navigation of the aircraft or the safety of the crew or passengers. 23A Statements of the contents of cargo (1) The regulations may require a person who, in the circumstances specified in the regulations, consigns for carriage any cargo on board an aircraft to make a statement, of a kind specified in the regulations, concerning the contents of the cargo. (2) A person must not consign for carriage any cargo on board an aircraft, in circumstances in which regulations made for the purposes of subsection (1) require a statement to be made, unless: (a) the cargo is accompanied by; or (b) the person responsible for delivery of the cargo has been given; a statement that complies with the regulations made for the purposes of that subsection. Penalty: 30 penalty units. 23B Training relating to dangerous goods (1) The regulations may require that persons handling, or involved in handling, cargo in the course of the cargo being carried or consigned for carriage on an aircraft are to undertake specified training relating to dangerous goods. (2) A person must not carry or consign for carriage any cargo on board an aircraft unless each person who: (a) handles, or is involved in the handling of, the cargo for or on behalf of the first‑mentioned person; and (b) has been required, by regulations made for the purposes of this section, to undertake training relating to dangerous goods; has undertaken training relating to dangerous goods in accordance with the regulations. Penalty: 30 penalty units. (3) In this section: dangerous goods has the same meaning as in section 23. 24 Interference with crew or aircraft (1) A person commits an offence if: (a) the person does an act; and (b) the act: (i) interferes with a crew member of an aircraft in the course of the performance of his or her duties as such a crew member; or (ii) threatens the safety of an aircraft or of persons on board an aircraft. Penalty: Imprisonment for 2 years. (2) A person must not tamper with: (a) an aircraft; or (b) an aeronautical product that is of such a type that tampering with it may endanger the safety of an aircraft or any person or property; if tampering with it may endanger the safety of the aircraft or any person or property. Penalty: Imprisonment for 2 years. 25 Non‑scheduled flights by foreign registered aircraft Directions (1) Notwithstanding anything in section 14 of the Air Navigation Act 1920, if CASA considers that a foreign registered aircraft possessing the nationality of a Contracting State intends, in the course of a non‑scheduled flight over Australian territory, to proceed over regions that are inaccessible or without adequate air navigation facilities, CASA may direct: (a) that the aircraft follow an established air route; or (b) that the flight be conducted in accordance with conditions specified by CASA. Permissions (2) Where a foreign registered aircraft possessing the nationality of a Contracting State makes a non‑scheduled flight into Australian territory, it shall not take on or discharge passengers, cargo or mail in Australian territory (being passengers, cargo or mail carried, or to be carried, for reward) except with the permission of CASA and in accordance with any conditions to which the permission is subject. (3) A foreign registered aircraft not possessing the nationality of a Contracting State shall not make a non‑scheduled flight over or into Australian territory except with the permission of CASA and in accordance with any conditions to which the permission is subject. (4) If a person applies to CASA for a permission under subsection (2) or (3), CASA must grant the permission if CASA is satisfied that the person has complied with, or is capable of complying with: (a) if the person does not have a commercial presence in Australia—the condition referred to in paragraph (5)(a) (if applicable); and (b) in any case—the safety rules. Permissions—conditions (5) A permission granted under subsection (2) or (3) is subject to: (a) the condition that section 41E of the Civil Aviation (Carriers' Liability) Act 1959 (which deals with personal injury liability insurance) is complied with (if applicable); and (b) any conditions specified in the permission. (6) CASA must not do either of the following, except to ensure compliance with the safety rules: (a) specify a condition under paragraph (5)(b); (b) vary a condition specified under paragraph (5)(b). Permissions—suspension and cancellation (7) CASA must not suspend or cancel a permission granted under subsection (2) or (3), except: (a) if the condition referred to in paragraph (5)(a) is breached; or (b) to ensure compliance with the safety rules. 26 Aircraft on international flights to have permission Permissions (1) An aircraft shall not, except with the permission of CASA and in accordance with any conditions to which the permission is subject: (a) arrive in Australian territory from a place outside Australian territory; or (b) depart from Australian territory for a place outside Australian territory. (2) Subsection (1) does not apply to anything done: (a) as provided by section 14 of the Air Navigation Act 1920; (b) in accordance with an international airline licence granted under regulations made under that Act; (c) in accordance with a permission granted under subsection 25(3) and any conditions to which the permission is subject; or (d) as authorised by an AOC; or (e) as authorised by a New Zealand AOC with ANZA privileges that is in force for Australia (but only so far as it authorises ANZA activities in Australian territory). Note: For when a New Zealand AOC with ANZA privileges is in force for Australia, see section 3AA. (3) If a person applies to CASA for a permission under this section, CASA must grant the permission if CASA is satisfied that the person has complied with, or is capable of complying with: (a) if the person does not have a commercial presence in Australia—the condition referred to in paragraph (4)(a) (if applicable); and (b) in any case—the safety rules. (3A) For the purposes of being satisfied that the person has complied with, or is capable of complying with, the safety rules, CASA may have regard to the matters set out in section 28AA as if: (a) the reference in that section to subsection 28(1A) were a reference to paragraph (3)(b) of this section; and (b) the reference in subparagraph (1)(c)(ii) and paragraph (5)(a) of that section to an AOC were to a permission. Permissions—conditions (4) A permission granted under this section is subject to: (a) the condition that section 41E of the Civil Aviation (Carriers' Liability) Act 1959 (which deals with personal injury liability insurance) is complied with (if applicable); and (b) any conditions specified in the permission. (4A) For the purposes of deciding whether to specify a condition in the permission, CASA may have regard to the matters set out in section 28AA as if: (a) the reference in that section to subsection 28(1A) were a reference to paragraph (4)(b) of this section; and (b) the reference in subparagraph (1)(c)(ii) and paragraph (5)(a) of that section to an AOC were to a permission. (5) CASA must not do either of the following, except to ensure compliance with the safety rules: (a) specify a condition under paragraph (4)(b); (b) vary a condition specified under paragraph (4)(b). Permissions—suspension and cancellation (6) CASA must not suspend or cancel a permission granted under this section, except: (a) if the condition referred to in paragraph (4)(a) is breached; or (b) to ensure compliance with the safety rules. Division 1A—General provisions about mutual recognition under the ANZA mutual recognition agreements 26A Guide to how this Act deals with mutual recognition between Australia and New Zealand (1) This Division contains various general provisions relating to mutual recognition under the ANZA mutual recognition agreements. (2) Other