Civil Aviation Amendment Act, 2024

The Civil Aviation Amendment Act, 2024 overhauls how aviation safety and security are regulated, moving a great deal of rule-making from regulations into the hands of the Director-General of the Civil Aviation Authority, and adding a civil penalty regime alongside criminal offences.

The definitions are widened first. "Act of unlawful interference" is defined to cover hijacking, destroying an aircraft in service, hostage-taking on board or at an aerodrome, forcible intrusion, bringing a weapon or hazardous device on board or into an airport for criminal purposes, using an aircraft to cause death or serious damage, and communicating false information that jeopardises safety. New definitions are added for air navigation services, aviation security, navigation safety, cargo, passenger, technical standard and civil penalty. "Authorised officer" and "authorised person" are separated, the latter being someone with delegated authority to carry out safety and security supervision on behalf of the State. Anything the Authority may do is now done in its name by the Director-General.

The centrepiece is a new section 24C giving the Director-General "tertiary rule-making" power. He or she may make binding orders to explain or interpret technical standards, to compel compliance where surveillance or an accident investigation reveals deficiencies, to respond to ICAO notifications of changes to the Chicago Convention that do not need regulations amended, to implement recommendations from accident investigators, to implement immediately any measure needed for safety and security, or to make temporary provision for anything regulations could cover — the last lasting 180 days or until regulations are made, whichever is earlier. He or she may also issue enforcement directives and security directives. Security directives need not be published: the Director-General has a discretion, and if unpublished must keep a record available for inspection by those to whom it was issued and others affected, for at least five years.

Orders take effect when published on the Authority's website or, if the site is offline, when issued in a way likely to bring them to affected persons' attention; directives take effect on issue. Contravening an order or directive is an offence carrying a fine up to level 5, up to six months' imprisonment, or both — and, in addition, a category 1 civil penalty served by the Authority, with continuing default attracting a cumulative rate. Section 24D lets the Director-General issue technical standards by order and incorporate international aviation standards by mere reference to title, number and year, with an authorised officer required to keep the full text and make it available free for inspection.

Governance of the Authority changes too. Board appointments must include three members with knowledge or experience in aviation, aviation law, and administration or management. Board members serve up to four years and may be reappointed for only one further term. The Board must now meet once every quarter instead of six times a year.

Penalties move in both directions. Contravening the control of aviation provision (section 42) and operating an air service without an air operator's certificate (section 49) each now carry a fine up to level 5 or up to five years' imprisonment or both. Obstructing an investigator is graded: level 2 or one year without physical force, level 5 or five years where force or violence is used against the inspector — and it is also a civil default under the Third Schedule. Breaching aerodrome security under section 67(1) becomes a civil default. But some penalties are cut sharply: the reservation-of-aerodrome-materials offences drop from level 4 and level 5 to level 1, and offences at aerodromes drop from two level 5 to level 1.

Other substantive additions: a new National Air Transport Facilitation Committee chaired by the Director-General, to run a National Air Transport Facilitation Programme coordinating ministries and industry on removing delays, covering immigration, customs and the handling of persons with disabilities. A non-disclosure rule protecting cockpit voice recorder data and airborne image recordings, restricting their use to the investigation, with the final report to go to the Minister and be published thirty days after the investigation. Wider land-use control near aerodromes, restricting telecommunication towers, powerlines, wind turbines, cables and wires, and prohibiting buildings or obstacles that would obstruct safe flight operations. And an express rule that where aviation safety or security conflicts with environmental concerns and cannot be resolved by agreement, safety and security take precedence.

**On completeness.** The extract available for this summary was cut off at the extraction limit part-way through section 21, the powers of safety and security oversight inspectors. Later sections, and the Third Schedule that actually defines the civil penalty categories and their amounts, are not covered here — anyone needing the size of a category 1 civil penalty must read Act 8 of 2024 itself.