Commonwealth Consolidated Acts

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.