Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) The operator and the pilot in command of a foreign registered aircraft each contravene this subregulation if:
(a) the aircraft is flown in Australian territory; and
(b) the aircraft does not comply with a requirement of the Chicago Convention relating to:
(i) the nationality mark and registration mark of the aircraft; or
(ii) the aircraft's certificate of airworthiness; or
(iii) the number and description of, and the holding of, licences and ratings by the crew members of the aircraft; or
(iv) the documents to be carried by the aircraft; or
(v) the flight and manoeuvre of the aircraft; or
(vi) radio equipment carried by, or fitted to, the aircraft.
(2) Subparagraph (1)(b)(ii) does not apply if a special flight authorisation has been granted and is in force.
Note: The requirements of the Chicago Convention about certificates of airworthiness relate to aircraft with a standard certificate of airworthiness. Foreign aircraft with the equivalent of a special certificate of airworthiness or a special flight permit require a special flight authorisation to be flown in Australian territory: see regulation 91.970.
(3) Subparagraphs (1)(b)(iv), (v) and (vi) do not apply in relation to a requirement of the Chicago Convention to the extent that the requirement is inconsistent with a requirement under another provision of this Part.
(4) A person commits an offence of strict liability if the person contravenes subregulation (1).
Note 1: A defendant bears an evidential burden in relation to the matters in subregulation (2) or (3): see subsection 13.3(3) of the Criminal Code .
Note 2: See also sections 25, 26 and 27A of the Act for conditions that may be imposed by CASA on the operation of foreign registered aircraft in Australian territory.