Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsIn this instrument:
"aircraft accident" : an aircraft is involved in an aircraft accident if:
(a) a person suffers a fatal aircraft - related injury in relation to the operation of the aircraft; or
(b) a person suffers a serious aircraft - related injury in relation to the operation of the aircraft; or
(c) the aircraft sustains damage or structural failure, or there are reasonable grounds for believing that the aircraft has sustained damage or structural failure, which:
(i) adversely affects the structural strength, performance or flight characteristics of the aircraft; and
(ii) would normally require major repair or replacement of the affected component;
except for any of the following:
(iii) engine failure;
(iv) engine damage limited to a single engine (including damage to its cowlings or accessories);
(v) damage to propellers, wing tips, antennas, probes, vanes, tyres, brakes, wheels, fairings, panels, landing gear doors or windscreens;
(vi) damage such as small dents or puncture holes to the aircraft skin;
(vii) minor damage to main rotor blades, tail rotor blades or landing gear;
(viii) minor damage resulting from hail or bird strike (including holes in the radome); or
(d) the aircraft is missing; or
(e) the aircraft is completely inaccessible.
"aircraft incident" means any occurrence that:
(a) is associated with the operation of an aircraft; and
(b) affects or could affect the safety of the operation of the aircraft.
"aircraft incident (external)" means an aircraft incident that originates from any of the following outside the aircraft:
(a) infrastructure;
(b) flying and other objects;
(c) animals or birds.
"aircraft system" means a part of an aircraft that consists of an integral network of related and inter - controlled devices designed to perform a specific function.
Examples: An aircraft's flight management system, hydraulic system, electrical system, flight guidance system and navigation system.
"Airservices Australia" means Airservices Australia established by the Air Services Act 1995 .
"approved flight envelope" , in relation to an aircraft, means the operating limitations and limiting atmospheric conditions applying to the aircraft, as shown in any of the following as approved, from time to time, by CASA or the appropriate authority of another country:
(a) the aircraft's flight manual;
(b) the aircraft's cockpit placards;
(c) other operating documents for the aircraft.
Example: Limitations on the aircraft's centre of gravity, or its minimum or maximum speed.
"Australian Flight Information Region" means the Australian Flight Information Region specified in the Aeronautical Information Publication produced by Airservices Australia, as in force from time to time.
Note: The Aeronautical Information Publication could in 2021 be viewed on the Airservices Australia website (https://www.airservicesaustralia.com).
"Australian territory" means:
(a) the territory of Australia and of every external Territory; and
(b) the territorial sea of Australia and of every external Territory; and
(c) the air space over any such territory or sea.
"CASA" means the Civil Aviation Safety Authority established by the Civil Aviation Act 1988 .
"Category A (passenger transport) aircraft operation" : see section 8.
"Category B (commercial non-passenger) aircraft operation" : see section 9.
"Category C (non-commercial) aircraft operation" : see section 10.
"Category D (type 2 RPA and certain uncrewed" balloons) aircraft operation : see section 11.
"declaration of an emergency" , in relation to an aircraft, means:
(a) a declaration, by a flight crew member of the aircraft, of an alert phase (PAN PAN) or a distress phase (MAYDAY); or
(b) a declaration by an air traffic service provider of a distress phase (DETRESFA) in relation to the aircraft.
"Department of Defence" means the Department administered by the Minister administering the Defence Act 1903 .
"excluded aircraft" : see subsection 7(3).
"fatal aircraft-related injury" : a person suffers a fatal aircraft-related injury in relation to the operation of an aircraft if:
(a) the person suffers an injury as a result of:
(i) being in the aircraft during the operation; or
(ii) direct contact during the operation with any part of the aircraft, including parts which have become detached from the aircraft; or
(iii) direct exposure to jet blast during the operation; and
(b) the person dies as a result of the injury within 30 days after the injury occurs; and
(c) none of the following applies:
(i) the injury results from natural causes;
(ii) the injury is intentionally self - inflicted;
(iii) the injury is intentionally caused by another person;
(iv) the injury is to a person who is a stowaway in a part of the aircraft that is not usually accessible to crew members or passengers after take - off.
"flight crew member" means a crew member who is a pilot or flight engineer assigned to carry out duties essential to the operation of an aircraft during flight time.
Note: This definition includes a remote pilot of an RPA (see the definitions of crew member and pilot in section 5).
"flight engineer" means the holder of a flight engineer licence.
"fuel exhaustion" , in relation to an aircraft, means that the aircraft has exhausted its useable fuel.
"fuel starvation" , in relation to an aircraft, means an interruption to the fuel supply to the aircraft's engines, although there is useable fuel on board the aircraft.
"ICAO" means the International Civil Aviation Organization referred to in the Convention on International Civil Aviation, done at Chicago on 7 December 1944.
Note: The Convention on International Civil Aviation is in Australian Treaty Series 1957 No. 5 ([1957] ATS 5) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (https://www.austlii.edu.au).
"predicted performance" , in relation to a take - off or initial climb of an aircraft, means the performance that the aircraft, or an aircraft of the same type and model, would be expected to achieve in the conditions applying at the time of take - off, based on information in the aircraft flight manual or information published by the aircraft manufacturer.
"redundant system" means one of 2 or more systems for performing a task if either of the systems alone would be sufficient, in the absence of system failure, to perform the task.
"relevant air navigation" : see subsection 7(2).
"reportable serious aircraft incident" means:
(a) a serious aircraft incident; or
(b) an incident that, under subsection 6A(2), is to be reported as if it were a serious aircraft incident.
"RPA" (short for remotely piloted aircraft) has the same meaning as in the Civil Aviation Safety Regulations 1998 .
"runway incursion" , in relation to an aircraft, means any intrusion of an aircraft, vehicle, person, animal or object on the ground within a runway strip or helicopter landing site.
"separation standard" means the separation standard (vertical, lateral or longitudinal) specified in:
(a) for aircraft operating in the Australian Flight Information Region--the Manual of Air Traffic Services produced by Airservices Australia and the Department of Defence, as in force from time to time; or
(b) for aircraft operating outside the Australian Flight Information Region, and in a place where a local standard is in force--that standard, as in force from time to time; or
(c) for aircraft operating outside the areas mentioned in paragraphs (a) and (b)--ICAO document 4444, as in force from time to time.
Note: The Manual of Air Traffic Services could in 2021 be viewed on the Air Services Australia website (https://www.airservicesaustralia.com).
"serious aircraft incident" : see subsection 6A(1).
"serious aircraft-related injury" : a person suffers a serious aircraft-related injury in relation to the operation of an aircraft if:
(a) the person suffers an injury as a result of:
(i) being in the aircraft during the operation; or
(ii) direct contact during the operation with any part of the aircraft, including parts which have become detached from the aircraft; or
(iii) direct exposure to jet blast during the operation; and
(b) any of the following apply:
(i) the injury requires, or would usually require, admission to hospital, for more than 48 hours, within 7 days after the day when the injury is suffered;
(ii) the injury involves a fracture of any bone (other than a simple fracture of fingers, toes or nose);
(iii) the injury involves lacerations which cause severe haemorrhage or severe nerve, muscle or tendon damage;
(iv) the injury involves injury to any internal organ;
(v) the injury involves second or third degree burns, or any burns affecting more than 5% of the body surface;
(vi) the injury involves exposure to hazardous chemicals, infectious substances or injurious radiation; and
(c) none of the following applies:
(i) the injury results from natural causes;
(ii) the injury is intentionally self - inflicted;
(iii) the injury is intentionally caused by another person;
(iv) the injury is to a person who is a stowaway in a part of the aircraft that is not usually accessible to crew members or passengers after take - off.
"serious property damage incident (external)" , in relation to the operation of an aircraft, means damage to property outside the aircraft that:
(a) is caused by:
(i) contact with any part of the aircraft, including anything that is attached to the aircraft or that has become detached from the aircraft; or
(ii) direct exposure to jet blast, propeller wash or rotor downwash from the aircraft; and
(b) that would cost at least $25,000 to repair or replace.
"type 1 RPA" (short for type 1 remotely piloted aircraft) means an RPA:
(a) that is:
(i) a large RPA (within the meaning of the Civil Aviation Safety Regulations 1998 ); or
(ii) a medium RPA (within the meaning of the Civil Aviation Safety Regulations 1998 ); or
(iii) an RPA for which a type certificate (within the meaning of the Civil Aviation Safety Regulations 1998 ) is in force; and
(b) that is not:
(i) an excluded RPA (within the meaning of the Civil Aviation Safety Regulations 1998 ); or
(ii) a micro RPA (within the meaning of the Civil Aviation Safety Regulations 1998 ).
"type 2 RPA" (short for type 2 remotely piloted aircraft) means an RPA that is not:
(a) a type 1 RPA; or
(b) an excluded RPA (within the meaning of the Civil Aviation Safety Regulations 1998 ); or
(c) a micro RPA (within the meaning of the Civil Aviation Safety Regulations 1998 ).