Contents

Part 1—Preliminary 1

1............ Short title [see Note 1]....................................................................... 1

2............ Extension to Territories...................................................................... 1

2A......... Act to bind Crown.............................................................................. 1

2B......... Act not to apply to state aircraft....................................................... 1

3............ Interpretation...................................................................................... 1

3AA...... Meaning of threaten............................................................................ 3

3AB...... Aircraft flights: when do they start?.................................................. 3

3AC...... Aircraft flights: when do they end?.................................................... 4

3AD...... Screening and clearance....................................................................... 4

3AE....... Meaning of unlawful interference with aviation................................. 4

3AF....... Uniformed security force.................................................................... 5

Part 2—Regulation of Air Navigation 6

3A......... Approval of ratification of Chicago Convention etc.......................... 6

4............ Texts of Chicago Convention etc........................................................ 6

5............ Contracting States............................................................................... 6

9............ International airports.......................................................................... 6

10.......... International aircraft to land at and take off from designated airports 6

11.......... Freedoms of the air............................................................................. 7

11A....... Foreign shareholdings in Australian international airlines.................. 7

11B....... Injunctions relating to section 11A..................................................... 8

12.......... International airline licences................................................................ 9

13.......... Suspension or cancellation of international airline licences.............. 10

14.......... Non‑scheduled flights by aircraft possessing nationality of a Contracting State 10

15.......... Definitions........................................................................................ 10

15A....... Aircraft on non‑scheduled flights not to take on or discharge passengers, cargo or mail without permission 10

15B....... Applications for permission to operate non‑scheduled flights........ 11

15C....... Information to be contained in application....................................... 12

15D....... Determination of application for permission................................... 12

15E........ Variation of permission on application by charter operator............ 13

15F........ Variation, suspension or cancellation of permission on Secretary’s initiative 13

16.......... Aircraft on international flights to comply with laws...................... 13

17.......... Aircraft on international flights to have permission......................... 14

18.......... Publication of determinations........................................................... 14

19.......... Carriage of munitions........................................................................ 14

Part 2A—Investigation of accidents etc. 15

Division 1—Preliminary 15

19AA.... Meaning of accident.......................................................................... 15

19AB.... Meaning of serious incident.............................................................. 15

19AC.... Meaning of incident.......................................................................... 15

19AD.... Meaning of safety deficiency............................................................. 15

19AE..... Meaning of responsible person........................................................ 15

19AF..... Meaning of cockpit voice recording................................................. 16

19AG.... General definitions............................................................................ 16

Division 2—Reporting of accidents etc. 18

19BA.... Reporting of accidents and serious incidents.................................... 18

19BB..... Notification to Contracting State...................................................... 19

19BC..... Reporting of incidents...................................................................... 19

Division 3—Investigation of accidents, serious incidents, incidents and safety deficiencies 21

19CA.... Object of Division............................................................................ 21

19CB..... Director’s power to investigate accidents etc................................... 21

19CC..... Director’s power to obtain information etc...................................... 21

19CD.... Powers of entry to premises............................................................ 22

19CE..... Search warrants................................................................................. 22

19CF..... The things that are authorised by search warrant............................. 23

19CG.... Specific powers available to investigators executing warrants......... 23

19CH.... Use of equipment to examine or process things............................... 23

19CJ...... Use of electronic equipment at premises.......................................... 24

19CK.... Retention of things which are seized................................................ 25

19CL..... Court of summary jurisdiction may permit a thing to be retained... 25

19CM... Announcement before entry............................................................. 25

19CN.... Availability of assistance and use of force in executing a warrant.... 25

19CP..... Details of warrant to be given to occupier........................................ 25

19CQ.... Copies of seized things to be provided............................................ 25

19CR..... Compensation for damage to electronic equipment.......................... 26

19CS..... Offence of making false statements in applications for warrant...... 26

19CT..... Report of investigation..................................................................... 26

19CU.... Publication of report etc................................................................... 26

Division 4—Australian investigations in which other Contracting States have an interest 27

19DA.... Accredited representatives of Contracting States............................. 27

19DB.... Delegation of conduct of investigation............................................. 27

19DC.... Participation in investigation by advisers......................................... 27

19DD.... Provision of investigation reports to certain Contracting States...... 28

19DE..... Provision of information to Contracting State that conducts investigation 28

19DF..... Further investigation of accident etc................................................. 28

Division 5—Accidents and serious incidents outside Australian territory 29

19EA..... Investigation of accidents and serious incidents that occur to Australian aircraft outside Australian territory 29

19EB..... Investigation of accidents etc. that occur outside Australian territory to which section 19EA does not apply 29

19EC..... Investigation of incidents occurring outside Australian territory..... 29

19ED..... Powers of investigators.................................................................... 29

19EE..... Provision of information to Contracting State that conducts investigation 30

Division 6—Powers in relation to accident sites 31

19FA..... General definitions............................................................................ 31

19FB..... Accident site..................................................................................... 31

19FC..... Accident site premises...................................................................... 31

19FD..... Accident site powers........................................................................ 31

19FE..... Power of entry to accident site......................................................... 31

19FF..... Announcement before entry............................................................. 32

19FG..... Availability of assistance and use of force in entering accident site premises 32

19FH..... Offence of entering etc. an accident site without permission........... 32

Division 7—Custody, protection and removal of aircraft 33

19FJ...... Removal of or interference with aircraft........................................... 33

19FK..... Protection of Director etc. from liability in certain cases................. 33

19FL..... Aircraft etc. of Contracting State to remain undisturbed on request 33

19FM.... Release of aircraft etc. from custody of Director............................. 34

Division 8—Administration 35

19GA.... Director of Air Safety Investigation................................................. 35

19GB.... Functions of Director....................................................................... 35

19GC.... Investigators..................................................................................... 35

19GD.... Identity cards.................................................................................... 35

19GE..... Delegation by Director..................................................................... 35

Division 9—Miscellaneous 36

19HA.... Disclosure of information by Director for aviation safety purposes 36

19HB.... Powers in relation to aircraft accidents, serious incidents and incidents 36

19HC.... Disclosure of air safety records to a court or person....................... 36

19HD.... Compliance with subpoenas etc....................................................... 36

19HE..... Evidence of cockpit voice recordings—criminal proceedings........... 37

19HF..... Evidence of cockpit voice recordings—civil proceedings................. 37

19HG.... Examination by a court of a cockpit voice recording under subsection 19HF(3) 37

19HH.... Where a court makes an order under subsection 19HF(3)................ 38

19HJ..... Cockpit voice recording etc. not to be ground for disciplinary action 38

19HK.... Disclosure of cockpit voice recordings............................................. 38

19HL..... Sections 19HE and 19HF not to affect admissibility of other evidence 38

19HM... Determination of standards.............................................................. 38

19HN.... Day of effect of standards................................................................ 38

19HP..... Standards to be disallowable instruments......................................... 39

19HQ.... Arrangements with States, Australian Capital Territory, Northern Territory and Norfolk Island 39

19HR.... Compensation for acquisition of property....................................... 39

Part 3—Aviation security 40

Division 1—Passengers and baggage etc. 40

20.......... Screening of passengers and their possessions................................. 40

20A....... Screening by aircraft operators......................................................... 41

21.......... Designation of sterile areas............................................................... 41

21A....... Appointment of screening authorities.............................................. 42

21B....... Maintenance of sterile areas............................................................. 42

21C....... Screening at sterile areas................................................................... 42

22.......... Sterile areas and screening point: weapons....................................... 43

22A....... Screening of people generally: sterile areas....................................... 43

22B....... Screening officer has no power to remove person’s clothing........... 45

22C....... Carriage of baggage............................................................................ 45

22D....... Carriage of weapons on aircraft........................................................ 46

Division 2—Report of unlawful interference with aviation etc. 48

22E........ Definitions........................................................................................ 48

22F........ Report of threat of unlawful interference with aviation etc.—employees 48

22G....... Report of threat of unlawful interference with aviation etc.—aircraft operator 48

22H....... Report of threat etc.—airport operator............................................ 49

22J........ Report of threat etc.—other people................................................. 49

22K....... Report must comply with certain requirements............................... 50

22L........ False or misleading reports............................................................... 50

Division 3—Aviation security programs 51

22M...... Application....................................................................................... 51

22N....... Definitions........................................................................................ 51

22P........ Aviation security program................................................................ 51

22Q....... Preparation and submission of proposed aviation security program 52

22R....... Approval or rejection of proposed program.................................... 52

22S........ Start and duration of approved program.......................................... 52

22T....... Cancellation of approval of program................................................ 52

22U....... Direction to vary program................................................................ 52

22V....... Review of program by operator....................................................... 53

22W...... Offence—international air service by regular public transport operations 53

22X....... Offence—international air service by charter operations................. 53

22Y....... Offence—domestic air service by regular public transport operations 54

Division 4—Airport security programs 56

22Z....... Definitions........................................................................................ 56

22ZA.... Airport security program................................................................. 56

22ZB..... Airport security committees............................................................ 56

22ZC..... Preparation and submission of proposed airport security program. 57

22ZD.... Approval or rejection of proposed program.................................... 57

22ZE..... Start and duration of approved program.......................................... 57

22ZF..... Cancellation of approval of program................................................ 57

22ZG.... Direction to vary program................................................................ 57

22ZH.... Review of program by operator....................................................... 58

22ZJ...... Operator of categorised airport to have an approved airport security program 58

Division 5—Security measures etc. applicable to categorised airports 59

22ZK.... Airport categories............................................................................. 59

22ZL..... Category 1 airports—prescribed requirements................................ 59

22ZM... Category 2 airports—prescribed requirements................................ 59

22ZN.... Category 3 airports—prescribed requirements................................ 60

22ZO.... Category 4 airports—prescribed requirements................................ 60

22ZP..... Category 5 airports—prescribed requirements................................ 60

22ZQ.... Secretary’s power of direction......................................................... 60

22ZR..... Carriage or discharge of firearms at a categorised airport................. 61

22ZS..... Approval of certain works at airports.............................................. 61

Division 6—Miscellaneous 63

22ZT..... Removal of person who fails to leave a place when requested by an authorised officer 63

22ZU.... Weapon surrendered or delivered to operator of aircraft.................. 64

22ZV..... Secretary may give directions........................................................... 64

Part 4—Miscellaneous 66

23A....... Review of decisions by Administrative Appeals Tribunal.............. 66

23.......... Defences in proceedings with respect to offences............................ 66

24.......... Crown not liable to prosecution....................................................... 66

24A....... Conduct by directors, servants and agents....................................... 66

26.......... Regulations....................................................................................... 67

27.......... Extra‑territorial operation of regulations.......................................... 68

27A....... Registration of security interests in relation to aircraft and components of aircraft 69

28.......... Legislative Instruments Act 1995 not to apply to instruments relating to aviation security 70

29.......... Annual report................................................................................... 70

30.......... Powers and functions under State and Northern Territory laws...... 70

31.......... Delegation......................................................................................... 71

Schedule 1—Convention on International Civil Aviation 72

Schedule 2—International Air Services Transit Agreement 89

Schedule 3—Protocol relating to an amendment to the Convention on International Civil Aviation 91

Schedule 4—Protocol relating to certain amendments to the Convention on International Civil Aviation 92

Schedule 5—Protocol relating to an amendment to the Convention on International Civil Aviation 93

Schedule 6—Protocol relating to an amendment to the Convention on International Civil Aviation Signed at Rome, on 15 September 1962 94

Schedule 7—Protocol relating to an amendment to the Convention on International Civil Aviation Signed at New York, on 12 March 1971 95

Schedule 8—Protocol relating to an amendment to the Convention on International Civil Aviation Signed at Vienna, on 7 July 1971 96

Schedule 9—Protocol relating to an amendment to Article 50 (a) of the Convention on International Civil Aviation Signed at Montreal, on 16 October 1974 97

Schedule 9A—Protocol relating to an amendment to the Convention on International Civil Aviation signed at Montreal on 6 October 1980 98

Schedule 10—Protocol relating to an amendment to the Convention on International Civil Aviation signed at Montreal on 10 May 1984 100

Schedule 11—Protocol relating to an amendment to Article 56 of the Convention on International Civil Aviation Signed at Montreal on 6 October 1989 102

Schedule 12—Protocol relating to an amendment to Article 50 (a) of the Convention on International Civil Aviation Signed at Montreal on 26 October 1990 103

Notes 105

An Act relating to Air Navigation

Part 1—Preliminary

1 Short title [see Note 1]

This Act may be cited as the Air Navigation Act 1920.

2A Act to bind Crown

This Act binds the Crown in right of the Commonwealth, of each of the States and of the Northern Territory.

2B Act not to apply to state aircraft

Except where the contrary intention appears, this Act does not apply to, or in relation to, a state aircraft.

3 Interpretation

(1) In this Act, unless the contrary intention appears:

aircraft means any machine or craft that can derive support in the atmosphere from the reactions of the air.

aircraft operator or operator, in relation to an aircraft, means a person who conducts, or offers to conduct, an air service by the use of the aircraft.

airport means an area of land or water (including any buildings, installations and equipment situated in the area) intended for use either wholly or partly for the arrival, departure or movement of aircraft.

airport operator or operator:

(a) in relation to a Federal airport—means the Corporation; and

(b) in relation to any other airport—means the operator of the airport.

airport security committee means an airport security committee established under section 22ZB.

air service means a service of providing air transportation of people or goods, or both people and goods, by:

(a) regular public transport operation; or

(b) charter operation.

Australian aircraft means an aircraft registered in Australia in accordance with the Civil Aviation Regulations.

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

aviation security means a combination of measures and human and material resources intended to safeguard aviation against unlawful interference.

baggage means any article or possession of a passenger or crew member that is to be carried on board an aircraft, but does not include an article that is accessible to the passenger or crew member while the aircraft is in flight.

carriage means carriage anywhere on board an aircraft.

categorised airport means an airport categorised under section 22ZK.

charter aircraft means an aircraft engaged in a charter operation.

charter operation means an operation of an aircraft for the purpose of:

(a) a service of providing air transportation of people or goods, or both people and goods, that:

(i) is provided for a fee payable by persons using the service; and

(ii) is not available to the general public on a regular basis;

whether or not the service is conducted in accordance with fixed schedules to or from fixed terminals over specific routes; or

(b) a service of providing air transportation of people or goods, or both people and goods, that:

(i) is provided for a fee payable by persons using the service; and

(ii) is available to the general public on a regular basis; and

(iii) is not conducted in accordance with fixed schedules to or from fixed terminals over specific routes; or

(i) is not provided for a fee payable by persons using the service; and

(ii) is conducted in accordance with fixed schedules to or from fixed terminals over specific routes; and

(iii) is not available to the general public.

clear, in relation to the screening of people, vehicles or goods, has the meaning given by section 3AD.

Contracting State means a country, other than Australia, that is a party to the Chicago Convention.

Corporation means the Federal Airports Corporation.

crew, in relation to an aircraft, includes every person having duties or functions on board the aircraft during the flight of the aircraft in connexion with the flying or safety of the aircraft.

domestic air service means an air service provided by means of a flight from a place within Australia to another place within Australia with no intermediate stop outside Australia.

emergency operations centre, in relation to an airport, means the facility established at the airport for the purpose of co‑ordinating the response to, or to a threat of, an unlawful interference with aviation.

Federal airport means an airport that is managed by the Corporation.

international airline means an air transport enterprise offering or operating an international air service.

international airport means an international airport designated under subsection 9(1).

international air service means an air service provided by means of a flight:

(a) from a place within Australia to a place outside Australia; or

(b) from a place outside Australia to a place within Australia.

non‑scheduled flight, in relation to an aircraft, means a flight by the aircraft into or from Australian territory where the flight is not made under the authority of an international airline licence issued by the Secretary under the regulations.

pilot in command, in relation to an aircraft, means the pilot responsible for the operation and safety of the aircraft during the flight of the aircraft.

protective service officer means a protective service officer within the meaning of the Australian Protective Service Act 1987.

regular public transport aircraft means an aircraft engaged in a regular public transport operation.

regular public transport operation means an operation of an aircraft for the purpose of an air service that:

(a) is provided for a fee payable by persons using the service; and

(b) is conducted in accordance with fixed schedules to or from fixed terminals over specific routes; and

screen has the meaning given by section 3AD.

screening authority means a person appointed under section 21A to be a screening authority.

screening officer means a person authorised or required to screen people, vehicles or goods under this Act.

screening point means a place (whether in an airport or not) where screening and clearance of people, vehicles or goods for the purposes of this Act are conducted.

security restricted area, in relation to an airport, means any part of the airport that is identified as a security restricted area in an airport security program prepared for the airport by the operator of the airport and approved by the Secretary under subsection 22ZD(1).

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 his or her duties as such a member), other than any aircraft that by virtue of registration under regulations made under the Civil Aviation Act 1988 is an Australian aircraft; and

(b) aircraft used in the military, customs or police services of a country other than Australia.

sterile area means a place designated under section 21 as a sterile area.

terminal facility means an area at an airport that is used to facilitate the movement of passengers onto or from an aircraft.

terminal operator or operator, in relation to a terminal facility, means a person who is responsible (whether alone or jointly with another person) for the day‑to‑day management of the whole, or a part, of the terminal facility.

the Air Transit Agreement means the International Air Services Transit Agreement concluded at Chicago on 7 December 1944.

the Chicago Convention means the Convention on International Civil Aviation concluded at Chicago on 7 December 1944.

the International Air Transport Association means the association incorporated under that name by Act 9‑10 George VI., Chapter 51, of the Parliament of Canada.

the International Civil Aviation Organization means the organization, so named, formed under Article 43 of the Chicago Convention.

the Secretary means the Secretary to the Department.

thing includes any substance.

threaten has the meaning given by section 3AA.

transceiver includes a mobile telephone.

uniformed security force, in relation to an airport, has the meaning given by section 3AF.

unlawful interference with aviation has the meaning given by section 3AE.

weapon means:

(a) a firearm of any kind; or

(b) a thing stated in the regulations to be a weapon;

and includes a device that:

(c) except for the absence of, or a defect in, a part of the device, would be a weapon of a kind mentioned in paragraph (a) or (b); or

(d) is reasonably capable of being converted into a weapon of a kind mentioned in paragraph (a) or (b).

(2) Any reference in this Act to a contravention of, or failure to comply with, a provision of this Act includes a reference to a contravention of, or failure to comply with, an instruction, direction, condition or requirement issued, given, made or imposed in pursuance of this Act.

3AA Meaning of threaten

For the purposes of this Act, a person is taken to threaten to do an act if the person makes a statement, or does anything else, showing, or from which it could reasonably be inferred, that it is his or her intention to do the act.

3AB Aircraft flights: when do they start?

For the purposes of this Act, a flight of an aircraft is taken to start:

(a) when the last external door is closed in preparation for the first movement of the aircraft for the purpose of taking off on the flight; or

(b) if the aircraft moves, before all the external doors are closed, for the purpose of taking off on the flight—when it first so moves.

3AC Aircraft flights: when do they end?

(1) Subject to this section, a flight of an aircraft is, for the purposes of this Act, taken to end when the first external door is opened after the aircraft comes to rest on the next landing it makes after starting the flight.

(2) If an aircraft makes a forced landing, its flight is, for the purposes of this Act, taken to end when the competent authorities take over responsibility for the aircraft and for the people and property on board.

(3) If, after an aircraft starts a flight:

(a) the aircraft is destroyed before the flight is taken to have ended under subsection (1) or (2); or

(b) the flight is abandoned;

the flight is, for the purposes of this Act, taken to end when the aircraft is destroyed, or the flight is abandoned, as the case may be.

3AD Screening and clearance

(1) A person or vehicle is, or goods are, screened for the purposes of this Act when a screening officer applies testing procedures to the person, vehicle or goods in order to detect the presence of any weapon that might be on the person, or in the vehicle or goods.

(2) The person or vehicle is, or goods are, cleared for the purposes of this Act if:

(a) the screening has not revealed the presence of any weapon on the person or in the vehicle or goods; or

(b) in respect of a screening that has revealed the presence of a weapon on the person or in the vehicle or goods—the weapon is surrendered to the screening officer.

3AE Meaning of unlawful interference with aviation

(1) In this Act, an unlawful interference with aviation is any of the following acts that is committed by a person without a lawful excuse:

(a) seizing, or exercising control of, an aircraft by force, or threat of force, or any other form of intimidation;

(b) committing, against a person on board an aircraft in flight, an act of violence that is likely to endanger the safety of the aircraft;

(d) causing, to an aircraft in service, damage that:

(i) renders the aircraft incapable of flight; or

(ii) is likely to endanger its safety in flight;

(e) placing, or causing to be placed, on board an aircraft in service a thing that is likely to:

(i) destroy the aircraft; or

(ii) render it incapable of flight; or

(iii) endanger its safety in flight;

(f) destroying or damaging any air navigation facilities, if the destruction or damage is likely to endanger the safety of an aircraft in flight;

(g) interfering with the operation of any air navigation facilities, if the interference is likely to endanger the safety of an aircraft in flight;

(h) communicating information that the person knows to be false, if the communication of the information endangers the safety of an aircraft in flight;

(i) using a weapon or other thing to commit an act of violence against a person at an airport, if the act:

(i) causes, or is likely to cause, serious injury or death; and

(ii) endangers, or is likely to endanger, the safe operation of the airport or the safety of anyone at the airport;

(j) using a weapon, or any other thing:

(i) to destroy, or cause serious damage to, the facilities of an airport; or

(ii) to destroy, or cause serious damage to, an aircraft that is not in service and is located within an airport; or

(iii) to disrupt the operation of an airport;

if the use of the weapon or thing endangers, or is likely to endanger, the safe operation of the airport;

(k) attempting to commit an act described in any of the above paragraphs.

(2) In this section:

in flight, in relation to an aircraft, has the same meaning as in Article 2 of the Montreal Convention.

in service, in relation to an aircraft, has the same meaning as in Article 2 of the Montreal Convention.

Montreal Convention means the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, ratified by Australia on 12 July 1973, and whose English text is set out in Schedule 2 to the Crimes (Aviation) Act 1991.

3AF Uniformed security force

In this Act, a reference to a uniformed security force in relation to an airport is a reference to a group of people:

(a) who are made available by a body (for example, the Australian Protective Service) to be engaged by the operator of the airport to patrol the airport in accordance with the directions of the operator of the airport; and

(b) each of whom, when so patrolling the airport:

(i) wears a uniform; and

(ii) carries a firearm of a kind that is approved by the Secretary in writing for the purposes of this section; and

(iii) carries a transceiver that enables him or her to communicate with other members of the body, the airport operator or the police force of the State or Territory in which the airport is located.

Part 2—Regulation of Air Navigation

3A Approval of ratification of Chicago Convention etc.

(1) The ratification on behalf of Australia of the Chicago Convention is approved.

(2) Approval is given to the ratification on behalf of Australia of:

(a) the Air Transit Agreement; and

(b) the Protocol amending Article 45 of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 14 June 1954; and

(c) the Protocol amending Articles 48(a), 49(e) and 61 of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 14 June 1954; and

(d) the Protocol amending Article 50(a) of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 21 June 1961; and

(e) the Protocol amending Article 48(a) of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 14 September 1962; and

(f) the Protocol amending Article 50(a) of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 12 March 1971; and

(g) the Protocol amending Article 56 of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 7 July 1971; and

(h) the Protocol amending Article 50(a) of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 14 October 1974; and

(i) the Protocol inserting in the Convention Article 83 bis, approved by the Assembly of the International Civil Aviation Organization on 6 October 1980; and

(j) the Protocol inserting in the Convention Article 3 bis, approved by the Assembly of the International Civil Aviation Organization on 10 May 1984; and

(k) the Protocol amending Article 56 of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 6 October 1989; and

(l) the Protocol amending Article 50(a) of the Chicago Convention, approved by the Assembly of the International Civil Aviation Organization on 26 October 1990.

4 Texts of Chicago Convention etc.

For the purposes of this Act, the texts of the Chicago Convention, the Air Transit Agreement and the Protocols referred to in section 3A shall be deemed to be the English texts set out respectively in Schedules 1, 2, 3, 4, 5, 6, 7, 8, 9, 9A, 10, 11 and 12.

5 Contracting States

The Minister may, by notice published in the Gazette, declare which countries are from time to time parties to the Chicago Convention, the Air Transit Agreement or any of the Protocols referred to in section 3A, and such a notice is evidence of the matter so declared.

9 International airports

(1) The Minister may, by signed writing, designate as an international airport an aerodrome at which facilities are available for the formalities incident to customs, immigration, quarantine and other requirements in connexion with arrival in or departure from Australian territory of aircraft.

(2) The Secretary shall cause to be published in Aeronautical Information Publications particulars of the aerodromes designated as international airports under subsection (1).

10 International aircraft to land at and take off from designated airports

(1) Subject to such exceptions as are prescribed:

(a) an aircraft arriving in Australian territory from a place outside Australian territory shall land at an aerodrome designated as an international airport under section 9; and

(b) an aircraft departing from Australian territory for a place outside Australian territory shall take‑off from an aerodrome so designated.

(2) If an aircraft is intentionally or recklessly flown in contravention of subsection (1), the operator of the aircraft and the pilot in command of the aircraft are each, unless the operator or the pilot in command, as the case may be, has a reasonable excuse, guilty of an offence punishable on conviction by imprisonment for a period of not more than 2 years.

Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose in respect of an offence an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of an offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.

11 Freedoms of the air

(1) Subject to section 12, a scheduled international air service conducted by an international airline of a country other than Australia that is a party to the Air Transit Agreement has, in respect of Australian territory, the following freedoms of the air:

(a) the privilege to fly across Australian territory without landing; and

(b) the privilege to land in Australian territory for any purpose other than taking on or discharging passengers, cargo or mail.

(2) The meanings of air service and international air service given by subsection 3(1) do not apply to this section.

11A Foreign shareholdings in Australian international airlines

(1) The Minister may, by written notice, require an Australian international airline:

(a) to give to the Minister such information as is specified in the notice concerning the extent (if any) to which foreign persons have relevant interests in shares in the Australian international airline; or

(b) if foreign persons have relevant interests in shares in the Australian international airline that represent, in total, more than 49% of the total value of the issued share capital of the Australian international airline—to take all necessary action to ensure that its constitution complies with subsection (2).

(2) The constitution of an Australian international airline complies with this subsection if it:

(a) imposes restrictions on the issue and ownership (including joint ownership) of shares in the Australian international airline so as to prevent foreign persons having relevant interests in shares in the Australian international airline that represent, in total, more than 49% of the total value of the issued share capital of the Australian international airline; and

(c) confers the following powers on the directors of the Australian international airline to enable the directors to enforce the restrictions referred to in paragraph (a):

(i) the power to do anything necessary to effect the transfer of shares held by a person;

(ii) the power to remove or limit the right of a person to exercise voting rights attached to voting shares;

(iii) the power to end the appointment of a person to the office of director of the Australian international airline.

(3) For the purposes of this section, a person has a relevant interest in a share if, and only if, the person would be taken to have a relevant interest in the share for the purposes of the Corporations Act 2001 if paragraph 608(3)(a) of that Act were disregarded.

(4) In this section:

another country includes any region:

(a) that is part of a foreign country; or

(b) that is under the protection of a foreign country; or

Australian citizen has the same meaning as in the Australian Citizenship Act 1948.

Australian international airline means an international airline (other than Qantas) that may be permitted to carry passengers or freight, or both passengers and freight, under a bilateral arrangement as an airline designated by Australia to operate a scheduled international air service.

Australian person means:

(a) an individual who is an Australian citizen or is ordinarily resident in Australia; or

(b) the Commonwealth, a State or a Territory; or

(d) a Commonwealth, State or Territory authority; or

(e) a person who is a nominee of a Commonwealth, State or Territory authority; or

(f) a local government body (whether incorporated or not) formed by or under a law of a State or a Territory; or

(g) a person who is a nominee of a local government body referred to in paragraph (f); or

(h) a body corporate that:

(i) is incorporated by or under a law of the Commonwealth or of a State or a Territory; and

(ii) is substantially owned and effectively controlled by persons referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (i); or

(i) a person in the capacity of a trustee, or manager, of a fund in which the total interests (if any) of persons referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (h) represent 60% or more of the total interests in the fund.

bilateral arrangement means an agreement or arrangement between:

(a) Australia, or an entity or organisation nominated or otherwise similarly authorised by Australia to enter into the agreement or arrangement; and

(b) another country;

under which the carriage by air of passengers or freight

(or both) is permitted.

foreign airline means an air transport enterprise other than:

(a) an Australian international airline; or

(b) Qantas; or

foreign person means:

(a) a foreign airline; or

(b) a person (other than a foreign airline) who is not an Australian person.

Qantas means Qantas Airways Limited, as the company exists from time to time (even if its name is later changed).

share, in relation to a body corporate, means a share in the body’s share capital.

voting share has the same meaning as in the Corporations Act 2001.

11B Injunctions relating to section 11A

(1) If an Australian international airline or any other person has engaged, is engaging or is proposing to engage in conduct that constitutes or would constitute:

(a) a contravention of the mandatory provisions of its constitution or a requirement under subsection 11A(1); or

(b) attempting to contravene the mandatory provisions of its constitution or a requirement under subsection 11A(1); or

(c) aiding, abetting, counselling or procuring a person to contravene the mandatory provisions of its constitution or a requirement under subsection 11A(1); or

(d) inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene the mandatory provisions of its constitution or a requirement under subsection 11A(1); or

(e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of the mandatory provisions of its constitution or a requirement under subsection 11A(1); or

(f) conspiring with others to contravene the mandatory provisions of its constitution or a requirement under subsection 11A(1);

the Federal Court may, on the application of the Minister, grant an injunction restraining the airline or the person from engaging in the conduct. If in the court’s opinion it is desirable to do so, the injunction may also require the airline or person to do any act or thing.

(2) If an Australian international airline or any other person has refused or failed, is refusing or failing, or is proposing to refuse or fail, to do an act or thing that the airline or person is required by the mandatory provisions of its constitution or under subsection 11A(1) to do, the Federal Court may, on the application of the Minister, grant an injunction requiring the airline or person to do that act or thing.

(3) An injunction under this section is to be granted on such terms as the Federal Court thinks appropriate.

(4) On an application under subsection (1) or (2), the Federal Court may, if the court determines it to be appropriate, grant an injunction by the consent of all the parties to the proceeding, whether or not the court is satisfied that that subsection applies.

(5) If in the Federal Court’s opinion it is desirable to do so, the court may grant an interim injunction pending determination of an application under subsection (1).

(6) The Federal Court may discharge or vary an injunction granted under this section.

(7) The Federal Court’s power to grant an injunction restraining an Australian international airline or any other person from engaging in conduct may be exercised:

(a) whether or not it appears to the court that the airline or person intends to engage again, or to continue to engage, in conduct of that kind; and

(b) whether or not the airline or person has previously engaged in conduct of that kind; and

(c) whether or not there is imminent danger of substantial damage to any person if the airline or the first‑mentioned person engages in conduct of that kind.

(8) The Federal Court’s power to grant an injunction requiring an Australian international airline or any other person to do an act or thing may be exercised:

(a) whether or not it appears to the court that the airline or person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and

(b) whether or not the airline or person has previously refused or failed to do that act or thing; and

(c) whether or not there is imminent danger of substantial damage to any person if the airline or the first‑mentioned person refuses or fails to do that act or thing.

(9) If the Minister applies to the Federal Court for an injunction under this section, the court must not require the Minister, as a condition of granting an interim injunction, to give an undertaking as to damages.

(10) If the Federal Court has power under this section to grant an injunction:

(a) restraining an Australian international airline or a person from engaging in particular conduct; or

(b) requiring an Australian international airline or a person to do a particular act or thing;

the court may, either in addition to or in substitution for the grant of the injunction, make such other order or orders as it thinks appropriate against the airline, or the person who engaged in the conduct or a person who was involved in the contravention.

(11) In this section:

Australian international airline has the same meaning as in section 11A.

Federal Court means the Federal Court of Australia.

mandatory provisions, in relation to the constitution of an Australian international airline, means those provisions of the constitution that would be required in order for the airline’s constitution to comply with subsection 11A(2).

12 International airline licences

(1) Subject to subsection (1B), an international airline shall not operate a scheduled international air service over, into or out of Australian territory except in accordance with an international airline licence issued by the Secretary in accordance with the regulations.

(1A) If an aircraft is intentionally or recklessly flown in contravention of subsection (1), the operator of the aircraft is, unless the operator has a reasonable excuse, guilty of an offence punishable on conviction by imprisonment for a period of not more than 7 years.

(1B) Subsection (1) does not apply to the operation of a scheduled international air service by an international airline if it is operated in accordance with:

(a) an agreement, between the international airline and the holder of an international airline licence, that:

(i) has been approved in writing by the Secretary; and

(ii) provides for the airline to operate the service for which the licence was issued; and

(b) the conditions (if any) imposed by the Secretary in giving the approval referred to in subparagraph (a)(i).

(2) An international airline licence shall not be granted to an international airline of a country other than Australia unless that country and Australia are parties to the Air Transit Agreement, or to some other agreement or arrangement, whether bilateral or multilateral, under which scheduled international air services of that other country may, subject to the agreement or arrangement, be operated over or into Australian territory.

(3) The meanings of air service and international air service given by subsection 3(1) do not apply to this section.

13 Suspension or cancellation of international airline licences

The Minister may vary, suspend or cancel an international airline licence issued to an international airline if and only if:

(a) the airline or any aircraft operated by the airline fails to comply with a provision of this Act, the regulations, the Civil Aviation Act 1988, the regulations made under that Act, or the terms of its licence;

(b) the airline fails to conform to, or comply with, any term or condition of the relevant agreement or arrangement referred to in section 12;

(i) the airline or an aircraft operated by the airline is likely to fail to comply with this Act, the regulations, the Civil Aviation Act 1988, the regulations made under that Act, or the terms of its licence; or

(ii) adequate provision has not been made by the relevant authority to ensure that the airline and aircraft operated by the airline substantially conform to and comply with the standards, practices and procedures set out in the Chicago Convention and the Annexes to that Convention;

and, in the opinion of the Minister, the likely failure or the lack of provision is likely to affect the safety of air navigation in relation to Australia; or

(d) in the opinion of the Minister it is necessary or desirable to do so for the purpose of preserving or promoting fair competition in international air transport services.

14 Non‑scheduled flights by aircraft possessing nationality of a Contracting State

An aircraft that possesses the nationality of a Contracting State may, subject to observance of the terms of the Chicago Convention and the provisions of this Act, the regulations, the Civil Aviation Act 1988 and the regulations made under that Act, fly in transit non‑stop across Australian territory, or land in Australian territory for non‑traffic purposes, in the course of a non‑scheduled flight without the necessity of obtaining prior permission.

15 Definitions

In sections 15A to 15F:

charterer, in relation to a proposed non‑scheduled flight of an aircraft, or a proposed program of non‑scheduled flights of one or more aircraft, means the person who makes the arrangements for the carriage of passengers, cargo or mail on the aircraft or any of the aircraft.

charter operator, in relation to a proposed non‑scheduled flight of an aircraft, or a proposed program of non‑scheduled flights of one or more aircraft, means:

(a) the owner of the aircraft or each of the aircraft; or

(b) the operator of the aircraft or each of the aircraft.

permission means a permission under section 15D.

suspend, in relation to a permission, means suspend the operation of the permission, either for a stated period or without limitation as to time.

vary, in relation to a permission, includes alter or remove a condition to which the permission is subject or make the permission subject to a new condition.

15A Aircraft on non‑scheduled flights not to take on or discharge passengers, cargo or mail without permission

(1) An aircraft must not, in Australian territory, before beginning a non‑scheduled flight or at an intermediate stopping place in the course of such a flight, take on passengers, cargo or mail for carriage for reward unless a permission for the carriage of the passengers, cargo or mail is in force and the carriage is in accordance with the permission.

(2) An aircraft must not, in Australian territory, at an intermediate stopping place in the course of a non‑scheduled flight or at the end of such a flight, discharge passengers, cargo or mail carried for reward unless a permission for the carriage of the passengers, cargo or mail was in force and the carriage was in accordance with the permission.

(3) The Secretary may, by writing, determine that a permission is not required in relation to a category of commercial non‑scheduled flights.

(4) In deciding whether to make a determination under subsection (3), the Secretary is to have regard to the following matters (except to the extent, if any, to which the matters concerned relate to the safety of air navigation):

(a) the public interest, including but not limited to:

(i) the need of people to travel on, or to send cargo and mail by, aircraft; and

(ii) the promotion of trade and tourism to and from Australia; and

(iii) if the application relates to a program of flights to or from Australia—whether there is to be a wide range of places in Australia that will be served under the program; and

(iv) if foreign interests hold substantial ownership and effective control of a charterer or a charter operator—employment and investment in, and general development of, the Australian Aviation industry; and

(v) aviation security; and

(vi) Australia’s international relations;

(b) the availability of capacity (within the meaning of the International Air Services Commission Act 1992) on scheduled international air services, and any relevant determination made by the International Air Services Commission in respect of the allocation of capacity on those services;

(c) any relevant advice on matters referred to in paragraph (a) that is provided to the Minister by that Commission under paragraph 6(2)(c) of that Act; and

(d) any other matter that the Secretary thinks relevant.

(5) A permission is not required for the taking on or discharging of passengers, cargo or mail in relation to a flight of an aircraft if the flight is included in a category of flights in relation to which a determination under subsection (3) is in force.

(6) If subsection (1) or (2) is intentionally or recklessly contravened in respect of an aircraft, the operator of the aircraft and the pilot in command of the aircraft, unless the operator or pilot, as the case may be, has a reasonable excuse for the contravention, are each guilty of an offence punishable on conviction by imprisonment for a period of not more than 2 years.

Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose in respect of an offence an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of an offence, subsection 4B(3) of that Act allows a court to impose a fine that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.

(7) If:

(a) any passengers are, or any cargo or mail is:

(i) taken on to an aircraft in Australian territory before beginning a non‑scheduled flight or at an intermediate stopping place in the course of such a flight; or

(ii) discharged from an aircraft in Australian territory at an intermediate stopping place in the course of a non‑scheduled flight or at the end of such a flight; and

(b) a permission was not required for the taking on or discharging of the passengers, cargo or mail because of the operation of subsection (5);

the operator of the aircraft must, within 14 days after the end of the flight, give a written notice to the Secretary setting out the prescribed particulars in relation to the flight and the passengers, cargo or mail.

Penalty: 30 penalty units.

Note: If a body corporate is convicted of an offence, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.

(8) A determination under subsection (3) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

15B Applications for permission to operate non‑scheduled flights

(1) A charter operator may apply to the Secretary for permission for passengers, cargo or mail to be carried on one or more aircraft on a non‑scheduled flight or on a program of non‑scheduled flights.

(2) The application must:

(a) be in writing; and

(b) if the Secretary directs, be in a form approved by the Secretary; and

(d) be lodged with the Secretary:

(i) not less than 21 days before the day on which the flight, or the first of the flights, is to begin; or

(ii) within any lesser period allowed by the Secretary.

15C Information to be contained in application

(1) The information to be contained in an application includes the following:

(a) the name and address of the charterer of the aircraft, and the nationality of the interests holding substantial ownership and effective control of the charterer;

(b) the name and address of the charter operator, and the nationality of the interests holding substantial ownership and effective control of the charter operator;

(c) in respect of the aircraft, or each aircraft, that is to engage in the flight or any of the flights—the type of aircraft, its capacity and whether it is leased or owned by its operator;

(d) whether the aircraft, or each aircraft, that is to engage in the flight or any of the flights is to carry passengers, cargo or mail;

(e) if the aircraft or any of the aircraft are to carry cargo—the type of cargo;

(f) if the application relates to a program of flights:

(i) the duration of the program and the frequency of the proposed flights; and

(ii) if the aircraft are to carry passengers—whether the program is of a seasonal nature, consists of flights related to special events or is to find out whether there would be a market for scheduled international air services;

(g) the following particulars of the flight or flights:

(i) the place or places where the flight or flights are to begin;

(ii) the place or places where the flight or flights are to end;

(iii) any intermediate stopping places, including which of those stopping places are places at which passengers, cargo or mail may be taken on or discharged;

(iv) the proposed dates of departure from, and arrival at, the places mentioned in the preceding subparagraphs;

(h) the proposed tariff structure for the flight or flights.

(2) If the aircraft or any of the aircraft are to carry passengers, the application must, if the Secretary so requests, contain evidence, satisfactory to the Secretary, that holders of tickets for the flight or any of the flights will be indemnified for any financial loss that may be caused by the failure of the charter operator:

(a) to fulfil its obligations; or

(b) if the application relates to a program of flights—to complete the program.

(3) If further information is necessary to enable the Secretary to determine an application:

(a) the Secretary may, by written notice to the applicant, require the applicant to provide the information; and

(b) the Secretary is not bound to consider the application further, or to determine it, until he or she receives the information.

15D Determination of application for permission

(1) The Secretary may grant or refuse permission for passengers, cargo or mail to be carried on the flight or flights to which the application relates and must, as soon as practicable, give written notice of his or her decision to the applicant.

(2) If the Secretary grants permission, the permission:

(a) is to be in writing; and

(b) has effect for the period stated in the permission; and

(3) In determining an application or deciding whether a permission is to be subject to conditions, the Secretary is to have regard to the following matters (except to the extent, if any, to which the matters concerned relate to the safety of air navigation):

(a) the public interest, including but not limited to:

(i) the need of people to travel on, or to send cargo and mail by, aircraft; and

(ii) the promotion of trade and tourism to and from Australia; and

(iii) if the application relates to a program of flights to or from Australia—whether there is to be a wide range of places in Australia that will be served under the program; and

(iv) if foreign interests hold substantial ownership and effective control of the charterer or the charter operator—employment and investment in, and general development of, the Australian Aviation industry; and

(v) aviation security; and

(vi) Australia’s international relations;

(c) any relevant advice on matters referred to in paragraph (a) that is provided to the Minister by that Commission under paragraph 6(2)(c) of that Act;

(d) any other matter that the Secretary thinks relevant.

15E Variation of permission on application by charter operator

(1) If the Secretary has granted a permission, a charter operator in relation to the flight or flights covered by the permission may apply to the Secretary for variation of the permission.

(2) The application must:

(a) be in writing; and

(b) if the Secretary directs, be in a form approved by the Secretary.

(3) If further information is necessary to enable the Secretary to determine an application:

(a) the Secretary may, by written notice to the applicant, require the applicant to provide the information; and

(b) the Secretary is not bound to consider the application further, or to determine it, until he or she receives the information.

(4) The Secretary may grant or refuse the application and must, as soon as practicable, give written notice of his or her decision to the applicant.

(5) In determining the application, the Secretary is to have regard to the matters referred to in subsection 15D(3).

15F Variation, suspension or cancellation of permission on Secretary’s initiative

(1) The Secretary may vary, suspend or cancel a permission if:

(a) a condition to which the permission is subject has not been complied with by a charter operator; or

(b) there has been substantial change in any of the matters to which the Secretary had regard in granting the permission; or

(c) the Secretary is satisfied that it is in the public interest (including any of the matters referred to in paragraph 15D(3)(a)) to do so.

(2) If the Secretary varies, suspends or cancels a permission, the Secretary must, as soon as practicable, give written notice of the variation, suspension or cancellation to the person who applied for the permission.

16 Aircraft on international flights to comply with laws

(1) It is a condition of any licence, permission or approval granted under this Act or the regulations that, if, under the licence, permission or approval, an aircraft:

(a) arrives in Australian territory from a place outside Australian territory; or

(b) departs from Australian territory for a place outside Australian territory;

the owner, the operator, the hirer, the pilot in command and any other pilot of the aircraft must comply with the provisions of all applicable laws of the Commonwealth or of a State or Territory.

(2) The reference in subsection (1) to applicable laws includes, in particular, laws relating to:

(a) the entry or clearance of passengers; and

(b) crew or cargo; and

(d) passports; and

(e) customs; and

(f) quarantine.

17 Aircraft on international flights to have permission

(1) Subject to subsection (1C) and except as provided by section 14 or in accordance with an international airline licence or a permission under section 15D, an aircraft shall not arrive in Australian territory from a place outside Australian territory, or depart from Australian territory for a place outside Australian territory, without the permission of the Secretary.

(1A) If an aircraft is intentionally or recklessly flown in contravention of subsection (1), the operator of the aircraft and the pilot in command of the aircraft are each, unless the operator or the pilot in command, as the case may be, has a reasonable excuse, guilty of an offence punishable on conviction by imprisonment for a period of not more than 2 years.

(1B) The Secretary may, by instrument in writing, determine that permission is not required under this section in relation to a category of commercial non‑scheduled flights.

(1C) Permission under this section is not required for a flight of an aircraft if the flight is included in a category of flights in relation to which such a determination is in force.

(2) In exercising a discretion under this section, the Secretary shall have regard only to matters that do not relate to the safety of air navigation.

18 Publication of determinations

The Secretary must cause any determinations made under subsections 15A(3) and 17(1B) to be included in the Aeronautical Information Publications published under regulations made under the Air Services Act 1995.

19 Carriage of munitions

(1) Munitions of war or implements of war shall not be carried by an aircraft in or over Australian territory, or by an Australian aircraft outside Australian territory, except with the permission in writing of the Minister and in accordance with any conditions to which the permission is expressed to be subject.

(2) In this section:

(a) the reference to munitions of war or implements of war shall be read as including a reference to any articles declared by the regulations to be munitions of war or implements of war, as the case may be; and

(b) a reference to aircraft shall be read as including a reference to state aircraft of a country other than Australia.

(3) If an aircraft is flown in contravention of subsection (1), the operator of the aircraft is, unless the operator has a reasonable excuse, guilty of an offence punishable on conviction by a fine of not more than 200 penalty units.

(4) An offence against subsection (3) is an offence of strict liability.

(5) A person must not intentionally or recklessly:

(a) carry; or

(b) have in his or her possession;

munitions or implements of war:

(d) on board an Australian aircraft outside Australian territory.

Penalty: Imprisonment for 7 years.

(6) Subsection (5) does not apply if the munitions or implements of war are carried in accordance with the written permission of the Minister and any conditions to which the permission is expressed to be subject.

Part 2A—Investigation of accidents etc.

Division 1—Preliminary

19AA Meaning of accident

(1) For the purposes of this Part, an accident in relation to an aircraft occurs if:

(a) as a result of an occurrence associated with the operation of the aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, a person dies or suffers serious injury while in the aircraft or while in contact with the aircraft or anything attached to the aircraft or anything that has detached from the aircraft; or

(b) the aircraft is missing; or

(d) the aircraft is inaccessible and there are reasonable grounds for believing the aircraft has been damaged; or

(e) as a result of an occurrence associated with the operation of the aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, the aircraft incurs damage or structural failure that adversely affects the structural strength, performance, or flight characteristics of the aircraft to a significant extent.

(2) Paragraph (1)(a) does not extend to death or serious injury that:

(a) arises from natural causes; or

(b) is self‑inflicted; or

(c) is caused or inflicted by the action of a person not performing duties or functions associated with the operation of the aircraft; or

(d) is suffered by a stowaway while hiding in a part of an aircraft not usually accessible to crew or passengers when all external doors and hatches of the aircraft are closed.

(3) For the purposes of this section:

(a) a death includes any injury to a person that results in the death of the person within 30 days after the occurrence associated with the operation of an aircraft; and

(b) a serious injury does not include an injury covered by paragraph (a).

19AB Meaning of serious incident

For the purposes of this Part, a serious incident is an occurrence associated with the operation of an aircraft that affects or could affect the safety of the operation of the aircraft or that involves circumstances indicating that an accident nearly occurred.

19AC Meaning of incident

For the purposes of this Part, an incident is an occurrence, other than an accident or a serious incident, associated with the operation of an aircraft that affects or could affect the safety of the operation of the aircraft or another aircraft.

19AD Meaning of safety deficiency

For the purposes of this Part, a safety deficiency is constituted by any situation related to aviation that can reasonably be regarded as having the potential to affect adversely the safety of aviation.

19AE Meaning of responsible person

For the purposes of this Part, a responsible person, in relation to an aircraft, is one or more of the following:

(a) each member of the crew of the aircraft;

(b) if the owner of the aircraft is not a member of the crew—the owner;

(d) if the hirer of the aircraft is not a member of the operating crew—the hirer;

(e) a person performing an air traffic control service in relation to the aircraft;

(f) a person who is licensed as an aircraft maintenance engineer under the Civil Aviation Regulations who does any work in relation to the aircraft;

(g) a person who is a member of a ground handling crew in relation to the aircraft.

19AF Meaning of cockpit voice recording

(1) A reference in this Part to a cockpit voice recording is a reference to:

(a) a recording, made by the use of a cockpit voice recorder, of any words spoken during a flight of an aircraft by a person on the flight deck of the aircraft; and

(b) includes a reference to any transcript or summary of such a recording.

(2) A reference in this Part to a cockpit voice recording made during the flight of an aircraft is a reference to a cockpit voice recording made during any period (whether before, during, or after that flight) in which the cockpit voice recorder was required to be operated in connection with that flight under:

(a) the Civil Aviation Regulations; or

(b) the Civil Aviation Orders.

19AG General definitions

In this Part, unless the contrary intention appears:

accredited representative means a person appointed by a Contracting State to participate in the investigation of an accident or serious incident.

adviser means a person appointed by a Contracting State for the purpose of assisting its accredited representative in an investigation.

air safety record means all or any of the following:

(a) all statements (whether oral or in writing) taken from persons by an investigator in the course of an investigation under this Part including any record of such a statement;

(b) all communications between persons involved in the operation of an aircraft;

(c) medical or private information regarding persons (including deceased persons) involved in an accident, serious incident or incident;

(d) cockpit voice recordings and transcripts from such recordings;

(e) flight data recording and transcripts from such recordings;

(f) opinions expressed by a person in the analysis of information including flight data recorder information.

Airservices Australia means Airservices Australia established by the Air Services Act 1995.

air traffic control service has the same meaning as in the Civil Aviation Regulations.

air safety officer means:

(a) the Secretary; or

(b) the Director; or

(d) a delegate of the Director under section 19GE who is not an investigator; or

(e) any other person who performs or provides services in relation to an investigation under this Part or in relation to air safety records.

appropriate court means a court of a State or Territory other than a tribunal, authority or other person having the power to require the production of documents or the answering of questions.

Civil Aviation Safety Authority means the Civil Aviation Safety Authority established by the Civil Aviation Act 1988.

cockpit voice recorder means a sound recording device installed in an aircraft for the purpose of recording spoken communications within the aircraft or between members of the crew of the aircraft and other persons.

constable has the same meaning as in the Crimes Act 1914.

court includes a tribunal, authority or person having the power to require the production of documents or the answering of questions but does not include a Royal Commission or an inquiry instituted by a House of the Parliament or both Houses of the Parliament.

crew member, in relation to a flight of an aircraft, means a person who:

(a) at the time when the flight took place, was employed under a contract of service, or engaged under a contract for services, by the operator of the aircraft; and

(b) was assigned for duty on the aircraft for the purposes of the flight.

Director has the meaning given by section 19GA.

document includes a record.

evidential material means a document, a part or component of an aircraft or other thing relevant to the investigation of an accident, serious incident, incident or safety deficiency under this Part.

flight data recorder means a recording device installed in an aircraft for the purpose of recording information relating to the operation of the aircraft.

investigator has the meaning given by section 19GC.

investigation means an investigation under this Part of:

(a) the circumstances surrounding any accident, serious incident or incident involving or affecting an aircraft that occurs in Australian territory; or

(b) any safety deficiency involving or affecting an aircraft that arises in Australian territory; or

(c) the circumstances surrounding any accident, serious incident or incident involving or affecting an Australian aircraft outside Australian territory; or

(d) any safety deficiency that arises involving or affecting an Australian aircraft outside Australian territory.

magistrate means a magistrate of a State or Territory that has entered into an arrangement with the Commonwealth under section 19HQ.

occupier, in relation to premises, includes a person present at premises who apparently represents the occupier.

officer of Customs has the same meaning as in the Customs Act 1901.

person assisting the investigator, in relation to the execution of a warrant, means a person authorised by the investigator to assist in the execution of the warrant.

person assisting the investigator, in relation to the entry of accident site premises, means a person authorised by the investigator to assist in entering the accident site premises under Division 6.

premises includes a place and a conveyance.

Royal Commission means a Commission that has been commissioned by the Governor‑General, by Letters Patent under the Royal Commissions Act 1902 or of any other power, to conduct an inquiry and includes any member of such a Commission.

State of design, in relation to an aircraft, means the country having jurisdiction over the organizations responsible for the design of that type of aircraft.

State of manufacture, in relation to an aircraft, means the country having jurisdiction over the organization responsible for the final assembly of the aircraft.

State of registration, in relation to an aircraft, means the country in whose register of aircraft the aircraft is entered.

State of the operator, in relation to an aircraft, means the country in which the principal place of business of the aircraft operator is situated or, if the aircraft operator has no place of business, the country in which the principal place of residence of the aircraft operator is situated.

warrant premises means premises in relation to which a warrant is in force.

Division 2—Reporting of accidents etc.

19BA Reporting of accidents and serious incidents

(1) If:

(a) an accident or serious incident occurs and the aircraft involved is an Australian aircraft; or

(b) an accident or serious incident occurs in Australian territory and the aircraft involved is not an Australian aircraft;

each responsible person who is aware of the accident or serious incident must inform the Director of the occurrence of the accident or serious incident as soon as is reasonably practicable and by the quickest means possible.

(2) If:

(a) either:

(i) an accident or serious incident occurs and the aircraft is an Australian aircraft; or

(ii) an accident or serious incident occurs in Australian territory and the aircraft involved is not an Australian aircraft; and

(b) an officer of the Civil Aviation Safety Authority or an officer of Airservices Australia who is not a responsible person in relation to the aircraft and who becomes aware of the accident or serious incident referred to in subparagraph (i) or (ii);

must report the accident or serious incident that they become directly aware of to the Director as soon as is reasonably practicable and by the quickest means possible.

(3) A person who intentionally or recklessly contravenes subsection (1) or (2) is guilty of an offence.

Penalty: Imprisonment for 6 months.

(4) A person who is required by subsection (1) or (2) to report to the Director the occurrence of an accident or serious incident must, as soon as is reasonably practicable, give the Director a written report setting out the following details:

(a) the type, model, nationality and registration marks of the aircraft;

(b) the name of the owner of the aircraft;

(d) if, at the time of the accident or serious incident, the aircraft was under hire—the name of the hirer;

(e) the name of each pilot, and of each other member of the crew, of the aircraft when the accident or serious incident occurred;

(f) the day and time of day of the accident or serious incident;

(g) if when the accident or serious incident happened, the aircraft was engaged in a flight:

(i) the place at which the flight commenced; and

(ii) the place at which the flight ended or at which it was intended the flight would end; and

(iii) the purpose of the flight;

(h) except where the accident or serious incident occurred at an airport—the position of the aircraft after the accident or serious incident described by the reference to a defined geographical point;

(i) except where the accident or serious incident occurred at an airport—the latitude and longitude of the position referred to in paragraph (h);

(j) so far as is known to the person giving the report, the number of persons on board the aircraft when the accident or serious incident occurred;

(k) in the case of an accident—if, as a result of the accident, a person has died or been seriously injured:

(i) the number of members of the crew (if any) who have died or been seriously injured and, if known to the person giving the report, the names of those members; and

(ii) the number of passengers (if any) who have died or been seriously injured and, if known to the person giving the report, the names of those passengers; and

(iii) the number of other persons (if any) who have died or been seriously injured and, if known to the person giving the report, the names of those persons;

(l) the nature of the accident or serious incident, as far as is known;

(m) in the case of an accident—the nature and extent of damage to the aircraft;

(n) in the case of an accident—the physical characteristics of the area in which the accident occurred.

(5) A person who intentionally or recklessly contravenes subsection (4) is guilty of an offence.

Penalty: 30 penalty units.

(6) If, when a person is required by subsection (4) to give a report, any of the details specified in that subsection are not known to the person:

(a) the person must include in the report a statement specifying those details; and

(b) the person must, as soon as is reasonably practicable after the person becomes aware of those details, give the Director a written report setting out those details.

(7) A person who intentionally or recklessly contravenes subsection (6) is guilty of an offence.

Penalty: 30 penalty units.

(8) For the purposes of subsection (1) or (2), the Director may be informed by telephone or facsimile.

(9) It is sufficient compliance with subsection (1), (2), (4) or (6) if the report required by the subsection concerned to be given to the Director is given to a person who is a delegate of the Director.

19BB Notification to Contracting State

(1) If, in relation to an aircraft involved in an accident or a serious incident, a Contracting State is:

(a) the State of registration of the aircraft; or

(b) the State of the operator of the aircraft; or

(c) if the aircraft is registered in a Contracting State which is not the State of manufacture—the State of manufacture of the aircraft; or

(d) if the aircraft is registered in a Contracting State which is not the State of manufacture—the State of design of the aircraft;

the Director must send to that Contracting State a written notification in accordance with subsection (2) and, if subsection (3) is applicable, in accordance with subsection (3).

(2) The written notification required by this subsection is a notification:

(a) setting out the details contained in any report given for the purpose of subsection 19BA(4); and

(b) indicating the nature of the investigation or inquiry that is being conducted into the circumstances surrounding the accident or serious incident.

(3) If a report is given for the purpose of subsection 19BA(6), the written notification required by subsection (1) is a notification including the details contained in that report.

(4) If any of the details required by section 19BA to be included in a report under that section are not known to the Director when the Director sends a notification under subsection (1) but they subsequently become known to the Director, the Director must send to the Contracting State a written notification setting out those details as soon as reasonably practicable after the details become known to the Director.

19BC Reporting of incidents

(1) If:

(a) an incident occurs and the aircraft involved in, or affected by, the incident is an Australian aircraft; or

(b) an incident occurs in Australian territory and the aircraft involved in, or affected by, the incident is not an Australian aircraft;

each responsible person who is aware of the incident must give the Director written notice of the occurrence of the incident within 48 hours after the incident occurs.

(2) If:

(a) an incident occurs and the aircraft involved in, or affected by, the incident is an Australian aircraft; or

(b) an incident occurs in Australian territory and the aircraft involved in, or affected by, the incident is not an Australian aircraft;

an officer or employee of the Civil Aviation Safety Authority or an officer or employee of Airservices Australia who is not a responsible person in relation to the aircraft and who is directly aware of the incident must give the Director notice in writing of the incident within 48 hours after the incident.

(3) A person who intentionally or recklessly contravenes subsection (1) or (2) is guilty of an offence.

Penalty: 30 penalty units.

(4) A written notice for the purposes of subsection (1) or (2) must set out the following details:

(a) the type, model, nationality and registration marks of the affected aircraft;

(b) the name of the owner of the aircraft;

(d) if, at the time of the incident, the aircraft was under hire—the name of the hirer;

(e) the name of each pilot, and of each other member of the crew, of the aircraft when the incident occurred;

(f) the day and time of day of the incident;

(g) if, when the incident happened, the aircraft was engaged in a flight:

(i) the place at which the flight commenced; and

(ii) the place at which the flight ended; and

(iii) the purpose of the flight;

(h) except where the incident occurred at an airport—the position of the aircraft at the time of the incident described by reference to a defined geographical point;

(i) except where the incident occurred at an airport—the latitude and longitude of the position referred to in paragraph (h);

(j) the number of persons on board the aircraft when the incident occurred;

(k) the nature of the incident;

(l) the physical characteristics of the area in which the incident occurred.

Division 3—Investigation of accidents, serious incidents, incidents and safety deficiencies

19CA Object of Division

The object of this Division is, by the establishment of a system of investigation for determining the circumstances surrounding any accident, serious incident, incident and safety deficiency, to prevent the occurrence of other accidents, serious incidents, incidents and deficiencies. It is not part of the object of this Division:

(a) to provide the means of apportioning blame for the occurrence of an accident, serious incident, incident or safety deficiency; or

(b) to provide the means of determining the liability of any person in respect of an accident, serious incident, incident or safety deficiency.

19CB Director’s power to investigate accidents etc.

(1) The Director may investigate:

(a) the circumstances surrounding any accident, serious incident or incident that occurs involving or affecting an aircraft in Australian territory; and

(b) any safety deficiency involving or affecting an aircraft that arises in Australian territory; and

(c) the circumstances surrounding any accident, serious incident or incident involving or affecting an Australian aircraft outside Australian territory; and

(d) any safety deficiency that arises involving or affecting an Australian aircraft outside Australian territory.

(2) Subsection (1) does not impose on the Director any duty to investigate a particular accident, serious incident, incident or safety deficiency.

(3) The Director is not subject to any liability whatever for failing to investigate a particular accident, serious incident, incident or safety deficiency.

19CC Director’s power to obtain information etc.

(1) For the purposes of an investigation under this Part, the Director may, by written notice given to a person:

(a) require the person to attend before the Director and answer questions relating to matters relevant to the investigation; and

(b) require the person to produce to the Director a specified document, or a specified part or component of an aircraft, or any other thing relevant to the investigation to the Director.

(2) A notice under subsection (1) must be signed by the Director and must specify the time and place at which the person is required to attend before the Director or produce the document, part or component of an aircraft or other thing relevant to the investigation.

(3) When a person attends before the Director in accordance with a requirement under paragraph (1)(a), the Director may require the person to answer questions on oath or affirmation. For that purpose, the Director may:

(a) require the person to take an oath or make an affirmation that the answers the person will give to the Director’s questions will be true; and

(b) administer an oath or affirmation to the person.

(4) A person to whom a requirement under paragraph (1)(a) or (1)(b) is given must not, without reasonable excuse:

(a) fail to attend before the Director in accordance with the requirement; or

(b) refuse to take an oath or make an affirmation when required by the Director to do so; or

(d) fail to produce to the Director the document, or specified part or component of an aircraft or other thing in accordance with the requirement.

Penalty: 30 penalty units.

(5) The Director may:

(a) retain a document produced in accordance with a notice under subsection (1) for so long as is reasonable and necessary for the purposes of the investigation; and

(b) make copies of, or take extracts from, such a document; and

(c) retain a part or component of an aircraft produced in accordance with a requirement under subsection (1) for so long as is reasonable and necessary for the purposes of the investigation.

(6) It is not a reasonable excuse for a person’s refusal or failure to:

(a) answer a question; or

(b) produce a document; or

that the giving of an answer, or the production of the document, part, component or thing, as the case may be, may tend to incriminate the person or make the person liable to a penalty.

(7) If a person objects to:

(a) answering a question put to the person by the Director; or

(b) producing a document to the Director; or

on the ground that the answer to the question, or the production of the document, part or component or thing, as the case may be, may tend to incriminate the person or make the person liable to a penalty, subsections (8) to (10) have effect.

(8) The person is not relieved of the obligation to answer the question or produce the document, part, component or thing, as the case may be.

(9) The answer to the question, the production of the document, part, component or thing, or any information or thing obtained as a direct or indirect consequence of the answer to the question or the production of the document, part, component or thing is not admissible in evidence against the person in a criminal proceeding or in a proceeding for the recovery of a penalty.

(10) Subsection (9) does not render an answer inadmissible in evidence in proceedings in respect of the falsity of the statement.

(11) A person who attends before the Director in accordance with a requirement under paragraph (1)(a) or (b) is entitled to be paid, in relation to that attendance, fees and allowances for expenses fixed by, or calculated in accordance with, the regulations.

19CD Powers of entry to premises

(1) For the purposes of conducting an investigation, an investigator may:

(a) enter any premises to inspect any thing relating to an aircraft; and

(b) inspect any document found on the premises; and

(d) require any person on the premises to make available any document kept on the premises, to provide information and to answer questions.

(2) The powers of an investigator under subsection (1) may only be exercised:

(a) with the consent of the occupier of the premises; or

(b) under a warrant issued under section 19CE in respect of the premises.

(3) An investigator is not entitled to exercise any powers under subsection (1) in relation to premises if:

(a) the occupier of the premises has required the investigator to produce his or her identity card for inspection by the occupier; and

(b) the investigator fails to comply with the requirement.

(4) Before obtaining the consent of a person for the purposes of paragraph (2)(a), the investigator must inform the person that he or she may refuse to consent.

(5) If the investigator obtains the consent of a person for the purposes of paragraph (2)(a), he or she must ask the person to sign a written acknowledgment:

(a) of the fact that the person has voluntarily given consent; and

(b) of the day on which, and the time at which, the person gave consent.

19CE Search warrants

(1) An investigator conducting an investigation may apply to a magistrate for a warrant under this section in relation to particular premises.

(2) Subject to subsection (3), the magistrate may issue a warrant to search the premises if the magistrate is satisfied, by information on oath or affirmation, that there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, material that is evidential material in relation to the investigation at the premises.

(3) The magistrate must not issue the warrant unless an investigator has given the magistrate, either orally (on oath or affirmation) or by affidavit, any further information the magistrate may require about the grounds on which the issue of the warrant is being sought.

(4) A warrant issued under this section must:

(a) specify the purposes for which it is issued; and

(b) describe the premises to which it relates; and

(d) state the name of the investigator responsible for executing the warrant; and

(e) state the period for which the warrant remains in force, which must not be more than 7 days; and

(f) state whether the warrant may be executed at any time or only during particular hours.

19CF The things that are authorised by search warrant

(1) A warrant that is in force in relation to premises authorises the investigator executing the warrant and a person assisting the investigator:

(a) to enter the warrant premises and, if the premises are a conveyance, to enter the conveyance, whatever it is; and

(b) to search the premises for the kinds of evidential material specified in the warrant, and to seize things of that kind found at the premises; and

(2) If the warrant states that it may be executed during particular hours, the warrant must not be executed outside those hours.

(3) A power referred to in this section or in section 19CH or 19CJ may only be exercised in a manner that the investigator believes, on reasonable grounds, to be in accordance with any safety procedures applicable at the premises.

19CG Specific powers available to investigators executing warrants

(1) The investigator executing a warrant or a person assisting the investigator may:

(a) for a purpose incidental to the execution of the warrant; or

(b) if the occupier of the premises consents in writing;

take photographs (including video recordings) of evidential material at the premises.

(2) If a warrant in relation to premises is being executed, the investigator executing the warrant and a person assisting the investigator may, if the warrant is still in force, complete the execution of the warrant after all of them temporarily stop its execution and leave the premises:

(a) for not more than one hour; or

(b) for a longer period if the occupier of the premises consents in writing.

(3) If:

(a) the execution of a warrant is stopped by an order of a court; and

(b) the order is later revoked or reversed on appeal; and

the execution of the warrant may be completed.

19CH Use of equipment to examine or process things

(1) The investigator executing a warrant or a person assisting the investigator may bring to the warrant premises any equipment reasonably necessary for the examination or processing of things found at the premises in order to determine whether they are things that may be seized under the warrant.

(2) If:

(a) it is not practicable to examine or process the things at the warrant premises; or

(b) the occupier of the premises consents in writing;

the things may be moved to another place so that the examination or processing can be carried out in order to determine whether they are things that may be seized under the warrant.

(3) If things containing electronically stored information are moved to another place for the purpose of examination or processing under subsection (2), the investigator executing the warrant must, if it is practicable to do so:

(a) inform the occupier of the address of the place and the time at which the examination or processing will be carried out; and

(b) allow the occupier or his or her representative to be present during the examination or processing.

(4) The investigator executing the warrant or a person assisting the investigator may operate equipment already at the warrant premises to carry out the examination or processing of a thing found at the premises in order to determine whether it is a thing that may be seized under the warrant if the investigator or person assisting believes, on reasonable grounds, that:

(a) the equipment is suitable for the examination or processing; and

(b) the examination or processing can be carried out without damage to the equipment or the thing.

19CJ Use of electronic equipment at premises

(1) The investigator executing a warrant or a person assisting the investigator may operate electronic equipment located at the premises to see whether evidential material is accessible by doing so if he or she believes, on reasonable grounds, that the operation of the equipment can be carried out without damage to the equipment.

(2) If the investigator executing the warrant or a person assisting the investigator, after operating the equipment, finds that evidential material is accessible by doing so, he or she may:

(a) seize the equipment and any disk, tape or other associated device; or

(b) if the material can, by using facilities at the premises, be put in documentary form, operate the facilities to put the material in that form and seize the documents so produced; or

(i) is brought to the premises; or

(ii) is at the premises and the use of which for the purpose has been agreed to in writing by the occupier of the premises;

operate the equipment or other facilities to copy the material to the storage device and take the storage device from the premises.

(3) The investigator executing the warrant may seize equipment under paragraph (2)(a) only if it is not practicable to put the material in documentary form as mentioned in paragraph (2)(b) or to copy the material as mentioned in paragraph (2)(c).

(4) If the investigator executing the warrant or a person assisting the investigator believes, on reasonable grounds, that:

(a) evidential material may be accessible by operating electronic equipment at the premises; and

(b) expert assistance is required to operate the equipment; and

(c) if he or she does not take action under this subsection, the material may be destroyed, altered or otherwise interfered with;

he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard or otherwise.

(5) The investigator executing the warrant or a person assisting the investigator must give notice to the occupier of the premises of his or her intention to secure equipment and of the fact that the equipment may be secured for up to 24 hours.

(6) The equipment may be secured:

(a) for a period not exceeding 24 hours; or

(b) until the equipment has been operated by the expert;

whichever happens first.

(7) If the investigator executing the warrant or a person assisting the investigator believes on reasonable grounds that the expert assistance will not be available within 24 hours, he or she may apply to the magistrate who issued the warrant for an extension of that period.

(8) The investigator executing the warrant or a person assisting the investigator must give notice to the occupier of the premises of his or her intention to apply for an extension, and the occupier may be heard in relation to the application.

(9) The provisions of this Division relating to the issue of warrants apply, with such modifications as are necessary, to the issuing of an extension.

19CK Retention of things which are seized

(1) Subject to any contrary order of a court if the thing was seized under a warrant issued under section 19CE, the investigator must return it if:

(a) the reason for its seizure no longer exists or it is no longer required for the purposes of the investigation; or

(b) the period of 60 days after its seizure ends;

whichever occurs first, unless the thing is the subject of a dispute as to ownership.

(2) If a thing is seized under a warrant issued under section 19CE, at the end of the 60 days specified in paragraph (1)(b) the investigator must take reasonable steps to return the thing to the person from whom it was seized or to the owner if that person is not entitled to possess it.

19CL Court of summary jurisdiction may permit a thing to be retained

(1) If a thing is seized under a warrant issued under section 19CE, and:

(a) before the end of 60 days after the seizure; or

(b) before the end of a period previously specified in an order of a court under this section;

the investigation has not been completed, the investigator may apply to a court of summary jurisdiction for an order that he or she may retain the thing for a further period.

(2) If the court is satisfied that it is necessary for the investigator to continue to retain the thing for the purposes of an investigation, the court may order that the investigator may retain the thing for a period specified in the order.

(3) Before the court hears the application, it may require notice of the application to be given to such persons as the court thinks fit.

19CM Announcement before entry

(1) Before the investigator executing a warrant or a person assisting the investigator enters premises under paragraph 19CF(1)(a), the investigator or person assisting the investigator must: