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interference with communications to or from aircraft, or communications
to or from centres established for air traffic control, or with navigational
aids or with surveillance systems, in circumstances that are likely to
endanger the safety of aircraft engaged in interstate or international air
navigation or air navigation within, to or from a Territory.
(3) CASA may serve a notice on the proprietor directing the proprietor to
permit the installation to be inspected and tested by an officer.
18 Civil Aviation Act 1988
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
(4) Upon the service of the notice, an officer may enter the premises or place
where the installation is installed, kept or operated and inspect or test the
installation.
(5) An officer exercising powers under subsection (4) shall produce
identification in writing if requested to do so.
(6) If as a result of such an inspection or otherwise, CASA considers it
necessary to do so for the safety of aircraft referred to in subsection (2),
CASA may serve a notice on the proprietor directing the proprietor to
make such modifications to the installation, or to take such other action,
as is necessary to eliminate the cause of the interference, within a
reasonable time specified in the notice.
(7) If the installation has been installed and is used and operated in
accordance with all applicable laws, the proprietor may recover from
CASA the amount of all reasonable expenses incurred, and of loss
actually suffered, in complying with a direction under subsection (6).
(8) A person must not fail to comply with a direction contained in a notice
under this section.
Penalty: Imprisonment for 12 months.
(8A) Subsection (8) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (8A)
(see subsection 13.3 (3) of the Criminal Code).
(9) If the proprietor fails to comply with a direction under subsection (6),
CASA may authorise an officer, with such reasonable assistance as the
officer requires, to enter the premises or place in which the installation is
installed, kept or operated, with such force as is necessary and
reasonable, and to take the action that was so directed.
(10) A notice under this section may be served personally or may be served by
post at the last-known place of residence or business of the proprietor or
at the address at which the installation is installed, kept or operated.
(11) The Director may, in writing, delegate any of CASA’s powers under this
section to AA.
(12) The Chief Executive Officer of AA may delegate to a member or
employee of AA any powers that are delegated to AA under subsection
(11).
(13) In this section:
officer includes an employee of AA.
22 Interception etc. of aircraft
(1) This section applies to:
(a) an Australian aircraft; or
(b) any other aircraft (including an aircraft that is not registered
anywhere) that is, at the relevant time, being operated by an
Australian operator.
Civil Aviation Act 1988 19
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 4 – August 2007 Civil Aviation Safety Authority
(2) The pilot in command of an aircraft that is in flight over the territory of a
foreign country shall not operate the aircraft for a purpose that is
prejudicial to the security or public order of, or to the safety of air
navigation in relation to, the foreign country.
Penalty: Imprisonment for 2 years.
(3) Where:
(a) an aircraft flies over the territory of a foreign country; and
(b) either:
(i) the flight is required to be authorised by the foreign country
and is not so authorised; or
(ii) there are reasonable grounds for believing that the aircraft is
being operated for a purpose that is prejudicial to the security
or public order of, or to the safety of air navigation in relation
to, the foreign country;
the pilot in command of the aircraft shall comply with any direction given
by an authorised official of the foreign country:
(c) requiring that the aircraft land at a specified aerodrome in the
territory of the foreign country; or
(d) for the purpose of preserving the security or public order of, or the
safety of air navigation in relation to, the foreign country.
Penalty: Imprisonment for 2 years.
(4) In a prosecution of a person for an offence against subsection (3) it is a
defence if it is established that the person believed on reasonable grounds
that compliance with the direction would be more likely to endanger the
　
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