CIVIL AVIATION ACT 1988 - SECT 20AA Flying unregistered aircraft etc.

CIVIL AVIATION ACT 1988 - SECT 20AA

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.