Aviation Law FAQ

CASA (Civil Aviation Safety Authority) regulates safety and licensing. Airservices Australia provides air traffic services. The ATSB (Australian Transport Safety Bureau) investigates accidents and incidents. The Department administers policy and airports. ASIC passes are issued by DoTRS.

The Civil Aviation Safety Regulations 1998 replace the older CAR 1988 progressively. They are part-based (Part 91 general operating rules, Part 121 air transport large aircraft, Part 135 air transport small aircraft, Part 141 flight training, Part 145 maintenance, Part 101 drones).

The Montreal Convention 1999 governs international passenger injury claims from/to Australia. The carrier is strictly liable up to the SDR limit (currently around 128,821 SDR, indexed) and liable for higher amounts unless it proves no negligence.

Strictly 2 years from the date of arrival (or the date the aircraft should have arrived, or the date the carriage stopped). The limitation is substantive — it extinguishes the right, not merely the remedy — and cannot be extended.

Yes — the Civil Aviation (Carriers' Liability) Act applies Part 4 (mirroring Montreal-style liability) to domestic Australian carriage. Liability is strict up to a prescribed cap and carriers are prevented from contracting out.

Under CASR Part 101. Recreational flyers must follow the standard operating conditions. Commercial operations above 2kg require a Remote Pilot Licence (RePL) and, for more complex operations, a Remotely Piloted Aircraft Operator Certificate (ReOC). Registration is compulsory.

The Cape Town Convention and Aircraft Equipment Protocol establish an international registry and regime for security interests in aircraft objects (airframes, engines, helicopters). Australia ratified in 2015. The International Registry priority rules displace conflicting domestic rules.

Administrative action (suspension, variation, cancellation of certificates), directions, infringement notices, show-cause processes, demerit points for pilots, civil penalties, and prosecution referrals. Appeals to the ART (formerly AAT) are available on most CASA decisions.

The ATSB is notified, secures the site, and investigates under the Transport Safety Investigation Act. CASA may also investigate safety compliance separately. Police investigate any criminal conduct. Investigation evidence has statutory protection from civil admissibility.

No — s 23 of the TSI Act makes an on-board recording (cockpit voice recording) and restricted information generally inadmissible in criminal and civil proceedings. ATSB findings are also not admissible to prove liability. Evidence must be independently obtained.

Air Operator's Certificate — required for commercial air transport and some other commercial operations (aerial work). Issued by CASA under Part 119/121/135/138 depending on operation type. Maintenance of an AOC requires ongoing compliance with conditions and safety management.

Aircraft operated in Australia must be registered on the Australian Civil Aircraft Register under CASR Part 47. Registered Operator status confers responsibility for airworthiness. Dual-registration with other countries is not permitted.

Aircraft and engines that fall within the Cape Town Convention are regulated by the international registry system, with the PPSA specifically carving these out. Aircraft outside Cape Town or for domestic-only finance remain subject to PPSA perfection.

Australia does not have statutory denied boarding / compensation regulation equivalent to EU Regulation 261. Rights are contractual (conditions of carriage), Australian Consumer Law (misleading conduct / major failure), and (for international) Montreal Article 19 delay liability.

International cargo claims: Montreal Convention 1999 applies, with a 14-day written notice for damage, 21 days for delay, and 2-year limitation. Domestic cargo: Part 4 CACL Act mirrors Montreal. Non-documented cargo may fall outside Montreal's protections.

Aircraft registration, airworthiness certificate, AOC, maintenance release, logs (airframe, engine, propeller, components), pilot licences, medical certificates, operational manuals, CVR/FDR downloads (subject to TSI Act restrictions), and (for incidents) ATSB reports. Quillio can build a document timeline from these.

Show-cause to decision: 3–9 months typical. ART review: another 6–12 months. Federal Court appeal: 6–18 months. CASA enforcement is usually paused on appeal via s 31A CA Act or Tribunal stay application.

Commonwealth criminal law applies in Australian territory and airspace. For offences committed on Australian aircraft outside Australia, s 38 of the Crimes (Aviation) Act extends federal jurisdiction. Tokyo Convention principles apply for in-flight offences internationally.

CASA show-cause response: $25,000–$75,000. ART review: $50,000–$200,000. Passenger injury claim (Montreal): $50,000–$500,000 to contested judgment. Aircraft finance / lease documentation: $15,000–$80,000 depending on Cape Town complexity.

Immediately on any ATSB notification or CASA show-cause, before engaging with the Department or regulator, before the 2-year Montreal bar, before signing international aircraft leases, and before any insurance notification. Early engagement particularly affects CVR/FDR privilege strategy.