Damage etc to aircraft of a Contracting State
29 Damage etc to aircraft of a Contracting State
Where an aircraft possessing the nationality of a Contracting State is in Australian territory and is found to have suffered major damage or to have developed a major defect, CASA may direct that the aircraft shall not fly.
Where CASA gives a direction under this regulation, CASA shall furnish to the appropriate authority of the Contracting State a notification of the action taken by CASA and a report of the damage or defect, as the case may be.
CASA may, unless CASA considers that it would be detrimental to the safety of air navigation to do so, revoke a direction given under this regulation if the appropriate authority of the Contracting State notifies CASA that the appropriate authority:
has revoked any suspension of the certificate of airworthiness of the aircraft to which the direction relates that the appropriate authority had imposed;
considers that the damage or defect by reason of which the direction was given is not of such a nature as to prevent the aircraft from fulfilling the minimum requirements of safety adopted in pursuance of the Convention; or
considers that, in the circumstances of the case, the aircraft to which the direction relates should be permitted to fly without passengers to a place at which the necessary repairs or modifications can be made.
In revoking a direction under this regulation, CASA may give a further direction imposing such conditions on the operation of the aircraft as are notified to CASA by the appropriate authority referred to in subregulation (3).
A direction given under this regulation does not have effect in relation to a person until it has been served:
on the person; or
if the direction cannot be served on the person—by affixing the direction to the aircraft to which it relates.
A person must not fly an aircraft in contravention of a direction, or any condition imposed by a direction, given under this regulation.
Penalty: 50 penalty units.
An offence against subregulation (6) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
This Act’s bill:Explanatory statement
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