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Aviation Law glossary

Aviation law in Australia is governed by the Civil Aviation Act 1988 (Cth), the Civil Aviation Safety Regulations, the Air Navigation Act 1920 (Cth), and international conventions. This glossary covers 40 of the most commonly used terms.

In short

This is a glossary of 40 key terms used in Australian aviation law. Each term has a plain-English definition and, where applicable, a reference to the underlying statute, Civil Aviation Safety Regulations, or international convention.

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40 terms

Definitions

Aerodrome

An area of land or water intended for the arrival, departure, and movement of aircraft. Certified aerodromes are regulated under CASR Part 139.

Civil Aviation Safety Regulations 1998 Part 139

Air Navigation Act 1920 (Cth)

The Commonwealth Act giving effect to the Chicago Convention and ancillary international aviation agreements in Australia.

Air Navigation Act 1920 (Cth)

Air Operator's Certificate (AOC)

A certificate issued by CASA authorising the holder to conduct commercial air transport operations. Regulated under CASR Part 119.

Civil Aviation Act 1988 (Cth) s 27

Air services agreement

A bilateral treaty between states setting out the terms on which their airlines may operate scheduled services.

Air traffic control (ATC)

The service provided by Airservices Australia to manage aircraft in controlled airspace, giving clearances and separation.

Air Services Act 1995 (Cth)

Airservices Australia

The government-owned corporation providing air traffic control and other air navigation services in Australia.

Air Services Act 1995 (Cth)

Airside

The area of an airport beyond security screening, with access restricted to authorised persons and vehicles.

Airspace

Classified airspace over Australia, designated A to G. Controlled airspace requires ATC clearance; uncontrolled airspace operates on see-and-avoid.

Airspace Act 2007 (Cth)

ASIC (aviation)

An Aviation Security Identification Card — required for unescorted access to airside areas of security-controlled airports.

Aviation Transport Security Act 2004 (Cth)

ATSB

The Australian Transport Safety Bureau — the independent investigator of air, rail, and marine safety incidents.

Transport Safety Investigation Act 2003 (Cth)

Aviation security

The regime under the Aviation Transport Security Act regulating screening, access, and incident response at Australian airports.

Aviation Transport Security Act 2004 (Cth)

Cape Town Convention

The Convention on International Interests in Mobile Equipment. Creates an international registry for financing interests in aircraft and engines.

International Interests in Mobile Equipment (Cape Town Convention) Act 2013 (Cth)

CASA

The Civil Aviation Safety Authority — the national safety regulator of civil aviation in Australia.

Civil Aviation Act 1988 (Cth)

CASR

The Civil Aviation Safety Regulations 1998 (Cth) — the detailed safety regulations made under the Civil Aviation Act.

Civil Aviation Safety Regulations 1998 (Cth)

Chicago Convention

The 1944 Convention on International Civil Aviation establishing ICAO. The foundational international aviation treaty.

Chicago Convention 1944

Civil Aviation Act 1988 (Cth)

The principal Commonwealth statute establishing CASA and regulating civil aviation safety in Australia.

Civil Aviation Act 1988 (Cth)

Codeshare agreement

An arrangement under which two airlines sell seats on the same flight under their respective codes. Subject to ACCC authorisation for joint coordination.

Commercial aircraft lease

A lease of an aircraft (dry or wet) between lessor and airline. Registered under the Cape Town Convention for protection.

Contract of carriage

The contract between an air carrier and a passenger. Governed by the Montreal Convention for international carriage.

Controlled airspace

Airspace classes A, C, D, and E where ATC services are provided. Aircraft generally require clearance to operate.

Airspace Regulations 2007 (Cth)

Dangerous goods

Articles or substances that pose a risk in air transport. Regulated under CASR Part 92 and the ICAO Technical Instructions.

Civil Aviation Safety Regulations 1998 Part 92

Delay compensation

Compensation payable to passengers under the Montreal Convention for delay in carriage, subject to the reasonable measures defence and liability caps.

Montreal Convention 1999 Article 19

Drone (RPAS)

A remotely piloted aircraft system. Regulated under CASR Part 101 — different rules for sub-2kg, commercial, and beyond visual line of sight operations.

Civil Aviation Safety Regulations 1998 Part 101

Flight crew licence

The personal licence of pilots and other flight crew, issued by CASA under CASR Part 61.

Civil Aviation Safety Regulations 1998 Part 61

Hague Protocol

A 1955 protocol modifying the Warsaw Convention on international carriage by air. Now largely superseded by the Montreal Convention.

IATA

The International Air Transport Association — the airline industry trade body. Sets commercial standards (for example, BSP, IATA tickets).

ICAO

The International Civil Aviation Organization — the UN specialised agency administering the Chicago Convention.

Chicago Convention 1944

Immediately reportable matter

A serious aviation occurrence (for example, accident) that must be reported to the ATSB without delay under the TSI Act.

Transport Safety Investigation Act 2003 (Cth)

International Registry

The electronic registry established under the Cape Town Convention for international interests in aircraft objects.

International Interests in Mobile Equipment (Cape Town Convention) Act 2013 (Cth)

Liability limit (carriage)

The limit on an air carrier's liability for passenger injury, delay, and baggage under the Montreal Convention. Updated periodically in SDRs.

Montreal Convention 1999

Maintenance organisation

An organisation approved under CASR Part 145 to maintain aircraft. Issues airworthiness releases.

Civil Aviation Safety Regulations 1998 Part 145

Montreal Convention

The 1999 Convention for the Unification of Certain Rules for International Carriage by Air — the principal treaty on air carrier liability.

Civil Aviation (Carriers' Liability) Act 1959 (Cth)

Non-stop flight rights

Rights under air services agreements to operate scheduled services between two points without intermediate stops.

Open skies agreement

A liberal air services agreement removing most restrictions on capacity, frequency, and pricing between the parties.

Registration (aircraft)

An aircraft must be registered with CASA to operate in Australia. Registration identifies the aircraft and its operator.

Civil Aviation Safety Regulations 1998 Part 47

ReOC (Remote Operator's Certificate)

A certificate issued by CASA authorising commercial drone operations outside the sub-2kg excluded operator category.

Civil Aviation Safety Regulations 1998 Part 101

Routine reportable matter

A less serious aviation occurrence that must be reported to the ATSB within 72 hours. Lower threshold than immediately reportable.

Transport Safety Investigation Act 2003 (Cth)

SDR (Special Drawing Right)

The IMF unit of account used to express liability limits under the Montreal Convention. Converted to local currency at the date of judgment.

Montreal Convention 1999 Article 23

Slot (airport)

A permission to arrive or depart at a coordinated airport at a specified time. Managed under the IATA slot guidelines.

Warsaw Convention

The 1929 Convention on international carriage by air. Largely superseded for Australian purposes by the Montreal Convention.

Civil Aviation (Carriers' Liability) Act 1959 (Cth)
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