Reprint as at 1 July 2014
Civil Aviation Act 1990
Public Act 1990 No 98
Date of assent 8 August 1990
Commencement see section 1(2)
Contents
Title
1 Short Title and commencement
2 Interpretation
3 Act to bind the Crown
4 Application of Act
5 Civil Aviation Authority [Repealed]
Part 1
Entry into the civil aviation system
6 Requirement to register aircraft
7 Requirement for aviation document
8 Application for aviation document
9 Grant or renewal of aviation document
10 Criteria for fit and proper person test
11 Rights of persons affected by proposed adverse decisions
Note
Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated. This Act is administered by the Ministry of Transport.
Part 1A
ANZA mutual recognition
Preliminary provisions
11A Purpose
Australian AOCs with ANZA privileges
1 1B Holder of Australian AOC with ANZA privileges entitled to conduct air operations in New Zealand
1 1C New Zealand temporary stop notice
1 1D Contents of New Zealand temporary stop notice
11E Director to notify CASA about New Zealand temporary stop notice
AOCs with ANZA privileges
1 1F Requirements for AOCs with ANZA privileges
11 G Grant of New Zealand AOC with ANZA privileges
1 1H Action by Director when CASA gives Australian temporary stop notice to holder of New Zealand AOC with ANZA privileges
11I Change of country of certification
1 1J Delegation of Australian powers relating to Australian
AOCs with ANZA privileges to employees of Authority
Part 2
Functions, powers, and duties of participants in the civil aviation system
12 General requirements for participants in civil aviation system
13 Duties of pilot-in-command
13A Duties of pilot-in-command and operator during emergencies
14 Objectives of Minister
14A Functions of Minister
14B Search and rescue operations
14C Minister may direct agencies with respect to search and rescue operations
15 Director may require or carry out safety and security inspections and monitoring
15A Power of Director to investigate holder of aviation document
16 Director of Civil Aviation Safety [Repealed]
17 Power of Director to suspend aviation document or impose conditions
18 Power to revoke aviation document or impose conditions
19 Criteria for action taken under section 17 or section 18
20 Power of Director to amend or revoke aviation document in other cases
21 Power of Director to detain aircraft, seize aeronautical products, and impose prohibitions and conditions
22 Delegation of Minister’s functions or powers to Authority
23 Delegation of Authority’s functions or powers to employees of Authority [Repealed]
23A Delegation of Director’s functions or powers to employees of Authority
23B Delegation of Director’s functions or powers to persons outside Authority
23C Restrictions on delegations
24 General power of entry
25 Powers of entry of Corporation
26 Obligation to notify all accidents and incidents
26A Obligation to identify pilot-in-command
27 Duty of Authority to notify accidents and incidents to
Transport Accident Investigation Commission
Part 2A
Medical certification
27A Interpretation
27B Power of Director to issue medical certificate
27C Changes in medical condition of licence holder
27D Medical examination, report, and disclosure
27E Expiry of medical certificate
27F Designation of aviation examiners and medical examiners
27G General directions and emergency directives
27H Investigation of medical condition of licence holder
27I Revocation, suspension, amendment, and surrender of medical certificate
27J Appointment of convener and deputy convener
27K Cancellation of appointment as convener or deputy convener
27L Review of decisions regarding medical certificates or applications
27M Referral to convener by agreement
27N Delegation of Director’s powers under this Part to medical practitioners who are employees of Authority
27O Delegation of Director’s power under this Part to medical examiners who are not employees of Authority
27P Right of appeal to District Court
27Q Transitional provisions
27R Savings
Part 3
Rules
28 Power of Minister to make ordinary rules
29 Rules relating to safety and security
29A Rules relating to airspace
29B Rules for noise abatement purposes
30 Rules relating to general matters
31 Power of Director to make emergency rules
32 Procedures relating to rules
33 Matters to be taken into account in making rules
34 Procedure for making ordinary rules
34A Governor-General may make ordinary rules
35 Procedure for making emergency rules
36 Incorporation by reference
37 Exemption power of Director
Part 4
Fees and charges
38 Fees and charges
39 Rebates
40 Payment of fees and charges
41 Suspension or revocation of aviation document where prescribed fees or charges unpaid
42 Recovery of fees and charges for aviation related services
Levies
42A Governor-General may impose levies
42B Basis on which levies may be imposed
42C Levy orders to be confirmed
42D Other provisions relating to levies
Part 5
Offences and penalties
Safely offences
43 Endangerment caused by holder of aviation document
43A Operating aircraft in careless manner
44 Dangerous activity involving aircraft, aeronautical product, or aviation related service
44A Failure to comply with inspection or monitoring request
45 Court may disqualify holder of aviation document or impose conditions on holding of document
46 Acting without necessary aviation document
46A Acting without required medical certificate
46B Fraudulent, misleading, or intentionally false statements to obtain medical certificate
46C Failure to disclose information required by Director
46D Failure to provide information to Director relating to
Australian AOCs with ANZA privileges
46E Failure to cease conducting air operations in New Zealand
47 Additional penalty for offences involving commercial gain
General offences
48 Applying for aviation document while disqualified
49 Communicating false information or failing to disclose information relevant to granting or holding of aviation document
49A Carrying on scheduled international air service without licence or contrary to licence
49B Operating unauthorised non-scheduled international flight or carrying on non-scheduled international flight contrary to licence
50 Obstruction of persons duly authorised by Director
50A Failure or refusal to produce or surrender documents
51 Trespass
52 Failure to maintain accurate records
52A Failure to notify emergency breach of Act or regulations or rules
52B Failure to notify accident or incident
52C Failure to provide identifying information
53 Contravention of emergency rule, prohibition, or condition