CIVIL AVIATION ACT 1988 - SECT 3 Interpretation
CIVIL AVIATION ACT 1988 - SECT 3
InterpretationIn 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;
(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).
(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).
(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:
(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;
(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.
(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
(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 .
(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:
(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.
(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.
(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 .
(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.