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Australia’s aviation industry is heavily regulated by the Civil Aviation Safety Authority (“CASA”). CASA is responsible for aviation safety compliance, enforcement, and the investigation of alleged breaches of Commonwealth aviation laws.
CASA exercises extensive investigative and enforcement powers under the Civil Aviation Act 1988 (Cth) and the Civil Aviation Safety Regulations 1998 (Cth). Investigations may involve pilots, aircraft owners, operators, engineers, maintenance organisations, aviation businesses, and aircrew.
Common CASA Investigations
CASA investigations commonly relate to
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Unsafe flying practices – alleged breaches of operational rules or conduct said to endanger aircraft, passengers, or people on the ground.
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Licensing and certification issues – including flying without the required licence or medical certification.
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Maintenance and engineering compliance – alleged failures to maintain aircraft in accordance with regulatory standards or issues involving maintenance records.
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Operational and airspace breaches – including non-compliance with flight rules, restricted airspace requirements, or operator obligations.
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Drug and alcohol offences – strict zero-tolerance requirements apply to aviation activities.
CASA Enforcement Powers
CASA has significant regulatory and enforcement powers. Depending on the circumstances, CASA may:
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suspend or cancel aviation licences, authorities, ratings, or medical certificates;
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issue infringement notices or formal warnings;
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impose licence conditions or operational restrictions;
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issue counselling notices;
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accept enforceable undertakings;
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commence administrative enforcement action; or
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refer allegations for criminal investigation and prosecution.
In more serious matters, alleged breaches of Commonwealth aviation legislation can result in criminal charges, substantial financial penalties, or disqualification from aviation activities.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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