PPRuNe Forums - View Single Post - CASA spends millions chasing Milton Jones aviation business
Old 12th Nov 2014, 04:25
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Stikybeke
 
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Pleased to oblige,

Let's see now.....

CIVIL AVIATION ACT 1988 - SECT 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.
Penalty: Imprisonment for 2 years.

(1A) Subsection (1) does not apply to an aircraft that is employed in private operations and that possesses the nationality of a Contracting State.

Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code ).

(2) In subsection (1A), employed in private operations has the same meaning as it has in the regulations.

Flying without a certificate of airworthiness
(3) An owner, operator, hirer (other than the Crown) or pilot of an Australian aircraft must not commence a flight in the aircraft, or permit a flight in the aircraft to commence, if:
(a) there is no certificate of airworthiness under the regulations in force in respect of the aircraft; and
(b) the regulations do not authorise the flight without the certificate.

Penalty: Imprisonment for 2 years.

Flying without satisfying safety requirements
(4) An owner, operator, hirer (other than the Crown) or pilot of an Australian aircraft must not commence a flight in the aircraft, or permit a flight in the aircraft to commence, if one or more of the following apply:
(a) there is outstanding a requirement imposed by or under the regulations in relation to the maintenance of the aircraft;
(b) the aircraft will require maintenance before the flight can end;
(c) there is a defect or damage that may endanger the safety of the aircraft or any person or property;
(d) the aircraft is unsafe for flight.

Penalty: Imprisonment for 2 years.
Oh, maybe it's this one then....

CIVIL AVIATION ACT 1988 - SECT 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.

Penalty: Imprisonment for 2 years.

(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.

Penalty: Imprisonment for 2 years.

(3) Nothing in subsection (1) or (2) limits the power to make regulations under this Act that provide for an offence of undertaking another activity without the appropriate civil aviation authorisation or special authorisation under the regulations.

(4) In this section, flight time has the same meaning as in the regulations.
Nope. Still can't seem to find that regulation that allows the flight as proposed by Yr Right....In fact, it would appear that flight in contravention of these two sections of the Civil Aviation Act is view quite seriously (just like S700 suggested..) if you're caught out.

C'mon now Steve,

Stiky
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