Commonwealth Numbered Regulations

1988 NO. 158 CIVIL AVIATION REGULATIONS - REG 133

133. (1) Subject to subregulation (2) and to regulation 134, an Australian
aircraft shall not commence a flight unless:

   (a)  it has a nationality mark and a registration mark painted on, or
        affixed to, it in accordance with Part III;

   (b)  there is in force in respect of it a certificate of airworthiness
        issued under regulation 24;

   (c)  there is in force in respect of it a maintenance release issued by
        virtue of paragraph 43 (7) (a) covering the period of the flight and
        the flight is not in contravention of any condition that:

        (i)    is set out or referred to in the maintenance release or in any
               other document approved for use as an alternative to the
               maintenance release for the purposes of regulation 49, or
               subregulation 43 (10); or

        (ii)   is applicable to the maintenance release by virtue of a
               direction given under regulation 44;

   (d)  any maintenance that is required to be carried out before the
        commencement of the flight, or that will be required to be carried out
        before the expiration of the flight, to comply with any requirement or
        condition imposed under these Regulations with respect to the aircraft
        has been certified, in accordance with a system of certification
        instituted under regulation 34 or in a manner acceptable to the
        Authority for the purposes of subregulation 41 (3), to have been
        completed; and

   (e)  it complies with these Regulations in respect of the number and
        description of, and the holding of licences and ratings by, the
        operating crew.

(2) Paragraph (1) (d) does not apply in relation to:

   (a)  any maintenance that was required to be carried out before:

        (i)    the issue of the maintenance release in force, or the last
               maintenance release that was in force, in respect of the
               aircraft; or

        (ii)   if that maintenance release was not a maintenance release
               issued by virtue of paragraph 43 (7) (a)-the issue of the last
               maintenance release in respect of the aircraft issued by virtue
               of that paragraph; or

   (b)  any approved maintenance carried out by the pilot in command of the
        aircraft.

(3) Except as provided by the Act and subject to this Division, an aircraft
that is not registered under these Regulations, other than an aircraft
possessing the nationality of a Contracting State employed in private
operations, shall not fly within Australian territory.