Commonwealth Consolidated Acts

CIVIL AVIATION ACT 1988 - SECT 26

Permissions

  (1)   An aircraft shall not, except with the permission of CASA and in accordance with any conditions to which the permission is subject:

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

  (b)   depart from Australian territory for a place outside Australian territory.

  (2)   Subsection   (1) does not apply to anything done:

  (a)   as provided by section   14 of the Air Navigation Act 1920 ;

  (b)   in accordance with an international airline licence granted under regulations made under that Act;

  (c)   in accordance with a permission granted under subsection   25(3) and any conditions to which the permission is subject; or

  (d)   as authorised by an AOC; or

  (e)   as authorised by a New Zealand AOC with ANZA privileges that is in force for Australia (but only so far as it authorises ANZA activities in Australian territory).

Note:   For when a New Zealand AOC with ANZA privileges is in force for Australia, see section   3AA.

  (3)   If a person applies to CASA for a permission under this section, CASA must grant the permission if CASA is satisfied that the person has complied with, or is capable of complying with:

  (a)   if the person does not have a commercial presence in Australia--the condition referred to in paragraph   (4)(a) (if applicable); and

  (b)   in any case--the safety rules.

  (3A)   For the purposes of being satisfied that the person has complied with, or is capable of complying with, the safety rules, CASA may have regard to the matters set out in section   28AA as if:

  (a)   the reference in that section to subsection   28(1A) were a reference to paragraph   (3)(b) of this section; and

  (b)   the reference in subparagraph   (1)(c)(ii) and paragraph   (5)(a) of that section to an AOC were to a permission.

Permissions--conditions

  (4)   A permission granted under this section is subject to:

  (a)   the condition that section   41E of the Civil Aviation (Carriers' Liability) Act 1959 (which deals with personal injury liability insurance) is complied with (if applicable); and

  (b)   any conditions specified in the permission.

  (4A)   For the purposes of deciding whether to specify a condition in the permission, CASA may have regard to the matters set out in section   28AA as if:

  (a)   the reference in that section to subsection   28(1A) were a reference to paragraph   (4)(b) of this section; and

  (b)   the reference in subparagraph   (1)(c)(ii) and paragraph   (5)(a) of that section to an AOC were to a permission.

  (5)   CASA must not do either of the following, except to ensure compliance with the safety rules:

  (a)   specify a condition under paragraph   (4)(b);

  (b)   vary a condition specified under paragraph   (4)(b).

Permissions--suspension and cancellation

  (6)   CASA must not suspend or cancel a permission granted under this section, except:

  (a)   if the condition referred to in paragraph   (4)(a) is breached; or

  (b)   to ensure compliance with the safety rules.