"maintenance" means any task required to ensure, or that could affect, the continuing airworthiness of an aircraft or aeronautical product, including any one or combination of overhaul, repair, inspection, replacement of an aeronautical product, modification or defect rectification.

4 Subsection 3(1) (paragraph (a) of the definition of state aircraft )

Omit ", other than any aircraft that by virtue of registration under the regulations is an Australian aircraft".

5 After paragraph 9(3)(c)

Insert:

(ca) entering into 83 bis agreements on behalf of Australia;
6 Subsection 20AA(1)

Repeal the subsection, substitute:

Flying an unregistered aircraft

(1)

A person must not fly an aircraft within Australian territory if:

(a) the aircraft is not registered under the regulations; and
(b) the aircraft is, under this Act or those regulations, required to be registered under those regulations.

Penalty: Imprisonment for 2 years.

(1A)

Subsection (1) does not apply to an aircraft that is employed in private operations and that possesses the nationality of a Contracting State.

Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code ).

7 Subsection 20AA(2)

Omit "subsection (1)", substitute "subsection (1A)".

8 Subsection 20AA(3)

Repeal the subsection, substitute:

Flying without a certificate of airworthiness

(3)

An owner, operator, hirer (other than the Crown) or pilot of an Australian aircraft must not commence a flight in the aircraft, or permit a flight in the aircraft to commence, if:

(a) there is no certificate of airworthiness under the regulations in force in respect of the aircraft; and
(b) the regulations do not authorise the flight without the certificate.

Penalty: Imprisonment for 2 years.

Flying without satisfying safety requirements

(4)

An owner, operator, hirer (other than the Crown) or pilot of an Australian aircraft must not commence a flight in the aircraft, or permit a flight in the aircraft to commence, if one or more of the following apply:

(a) there is outstanding a requirement imposed by or under the regulations in relation to the maintenance of the aircraft;
(b) the aircraft will require maintenance before the flight can end;
(c) there is a defect or damage that may endanger the safety of the aircraft or any person or property;
(d) the aircraft is unsafe for flight.

Penalty: Imprisonment for 2 years.

9 Subsection 20AB(2)

Repeal the subsection, substitute:

(2)

A person must not carry out maintenance on:

(a) an Australian aircraft; or
(b) an aeronautical product in Australian territory; or
(c) an aeronautical product for an Australian aircraft;

if the person is not permitted by or under the regulations to carry out that maintenance.

Penalty: Imprisonment for 2 years.

10 Subsection 20AB(4)

Repeal the subsection, substitute:

(4)

In this section, flight time has the same meaning as in the regulations.

11 Subsection 24(2)

Repeal the subsection, substitute:

(2)

A person must not tamper with:

(a) an aircraft; or
(b) an aeronautical product that is of such a type that tampering with it may endanger the safety of an aircraft or any person or property;

if tampering with it may endanger the safety of the aircraft or any person or property.

Penalty: Imprisonment for 2 years.

12 Subsection 27AC(3) (definition of aircraft component )

Repeal the definition.

13 Subsection 27AC(3) (definition of aircraft material )

Repeal the definition.

14 Subsection 27AC(3) (paragraph (b) of the definition of inspection or test )

Repeal the paragraph, substitute:

(b) any aeronautical product that is a part of, or that relates to, any aircraft covered by the application;
15 Subsection 28(3) (paragraph (c) of the definition of key personnel )

Omit "aircraft maintenance", substitute "aircraft airworthiness and maintenance control".

16 Subparagraph 28A(1)(d)(iii)

Repeal the subparagraph, substitute:

(iii) of the country or countries in which maintenance was carried out on the aircraft during that year, other than line maintenance; and
17 Subparagraph 28A(1)(g)(ii)

Repeal the subparagraph, substitute:

(ii) the name and address of the person responsible for controlling the airworthiness and maintenance of the aircraft (whether or not the person is the applicant); and
(iii) a separate signed statement from each of those persons that they understand their respective responsibilities under the regulations; and
18 Subsection 28A(2)

Repeal the subsection, substitute:

(2)

In this section: