Section 4 of the Civil Aviation Act says:
4 Application to state aircraft
Except where the expression state aircraft is used, references in Part III or IIIB or section 98 to aircraft or air navigation do not include references to state aircraft or air navigation by state aircraft.
:Let’s pick a few rules from Part III, which is headed
Regulation of civil aviation.
20AA Flying unregistered aircraft etc.
Flying an unregistered aircraft
(1) A person must not fly an aircraft within Australian territory if:
(a) the aircraft is not registered under the regulations; and
(b) the aircraft is, under this Act or those regulations, required to be registered under those regulations.
….
Flying without a certificate of airworthiness
(3) An owner, operator, hirer (other than the Crown) or pilot of an Australian aircraft must not commence a flight in the aircraft, or permit a flight in the aircraft to commence, if:
(a) there is no certificate of airworthiness under the regulations in force in respect of the aircraft; and
(b) the regulations do not authorise the flight without the certificate.
…
Flying without satisfying safety requirements
(4) An owner, operator, hirer (other than the Crown) or pilot of an Australian aircraft must not commence a flight in the aircraft, or permit a flight in the aircraft to commence, if one or more of the following apply:
(a) there is outstanding a requirement imposed by or under the regulations in relation to the maintenance of the aircraft;
(b) the aircraft will require maintenance before the flight can end;
(c) there is a defect or damage that may endanger the safety of the aircraft or any person or property;
(d) the aircraft is unsafe for flight.
Because of section 4, the above rules do not apply in relation to any state aircraft.
20AB Flying aircraft without licence etc.
(1) A person must not perform any duty that is essential to the operation of an Australian aircraft during flight time unless:
(a) the person holds a civil aviation authorisation that is in force and authorises the person to perform that duty; or
(b) the person is authorised by or under the regulations to perform that duty without the civil aviation authorisation concerned.
…
(2) A person must not carry out maintenance on:
(a) an Australian aircraft; or
(b) an aeronautical product in Australian territory; or
(c) an aeronautical product for an Australian aircraft;
if the person is not permitted by or under the regulations to carry out that maintenance.
Because of section 4, the above rules do not apply in relation to any state aircraft.
I note that the definition of ‘state aircraft’ and the operation of section 4
are unaffected by registration - VH, ADF, Kalathumpian or none.
My turn for a question: are you able to nominate any CASA airworthiness management or maintenance management regs that are expressed to apply to state aircraft? If the answer is no, on what basis could CASA have any regulatory responsibility in relation to the airworthiness and maintenance management of ADF aircraft that are state aircraft?
I’m aware that regs that apply to state aircraft may be made under the Civil Aviation Act. However, I’m not aware of any airworthiness management or maintenance management regs that are expressed to apply to ADF aircraft that are state aircraft.
I’m also aware that engineers have an almost limitless genius to set up all kinds of arrangements to manage maintenance and continuing airworthiness of ADF aircraft. Whether those arrangements are informed and supported by what the rules actually permit or require, is a related but separate question.