We will consider whether to take enforcement action (and the type of action) when we find that people aren't following the rules.
We have a range of enforcement options we can use, depending on the circumstances.
You can find a list of considerations we take into account in determining when and how to use our enforcement powers in our Regulatory Philosophy and our Enforcement Manual.
We use enforcement action, where necessary, to:
- compel a person to comply with legislative requirements
- prevent a person from exercising certain aviation privileges on safety grounds
- limit, constrain or prevent someone who is demonstrably unable or unwilling to follow the rules from exercising their aviation privileges.
The following describes the enforcement options available to us.
How we decide to take enforcement actions?
Our decisions need to be lawful and defensible. These decisions are governed by our documented procedures, including those set out in the Enforcement manual.
Different pathways that are available, depending on the issue, include:
- assisting people with education and guidance material
- encouraging people through audit safety findings and counselling notices
- taking administrative action such as varying suspending, suspending or cancelling an authorisation
- issuing an aviation infringement notice (AIN)
- referring the matter for criminal prosecution.
We use enforcement action where necessary to:
- compel a person to comply with legislative requirements
- limit, constrain or prevent someone who is demonstrably unable or unwilling to follow the rules from exercising their aviation privileges.
Education and counselling
Education and counselling make up some of the essential tools of enforcement. This helps operators, pilots and crew in having adequate knowledge to operate safely and in compliance with the rules.
It is a way of achieving a good safety outcome without limiting aviation privileges unless necessary in the interests of aviation safety.
Administrative action
Where there has been a more serious breach of the Civil Aviation Act 1988 or the regulations made under that act and which present a serious risk to aviation safety.
When this happens, we may take administrative action to vary, suspend or cancel the civil aviation authorisation held by the person who committed the breach.
For example, we may vary, suspend or cancel the Air Operator’s Certificate of an air operator who engages in a serious breach.
Before taking this sort of action we invite the effected authorisation holder to tell us why they think we should not vary, suspend or cancel their authorisation.
As part of this process, we set out clearly, all of the facts and circumstances which have caused us to consider that variation, suspension or cancellation is warranted.
Administrative action can include:
- entering an enforceable voluntary undertaking
- issuing directions
- delivering a 'show cause' notice to vary, suspend or cancel and authorisation.
Depending on the type of enforcement action taken, we may also publish details of such action on our website.
Enforceable voluntary undertakings
We may use enforceable voluntary undertakings when someone has broken the rules. This is more appropriate for us to ask them to fix the problem than it is to take regulatory action to vary, suspend or cancel their civil aviation authorisation.
These arrangements are voluntary. People or organisations can withdraw them or change them, with our agreement.
However, when someone agrees to an undertaking, they are legally bound to comply with it. If they don't, we can ask the Federal Court to make orders to enforce the undertaking. We can also ask to impose a pecuniary penalty on them relating to the breach of the undertaking.
By law, we must publish details of these undertakings.
Show cause notice
A 'show cause notice' tells the holder of a civil aviation authorisation why we believe there are reasons to vary, suspend or cancel their authorisation. It also invites them to tell us why they believe we should not do so.
Aviation Infringement Notices and demerit points
Aviation Infringement Notices (AIN) are an alternative to prosecution and are generally only used for strict liability offences under the regulations.
If you are issued with an AIN for an offence and pay the fine then that will finalise the matter. You may also incur demerit points against their relevant civil aviation authorisation for that offence. However, you can choose to have the matter dealt with by a court rather than paying the AIN.
You can accumulate demerit points for various breaches of the rules. If you accumulate or exceed the maximum number of demerit points within a certain period, we are required to suspend or cancel the relevant civil aviation authorisation.
An AIN can involve a fine of up to $1565 depending on the number prescribed penalty units and a formula which reduces the potential penalty amount. In contrast, the penalty a court can impose for the same offence is as stated in the legislation. A 50 penalty unit offence is currently equivalent to a fine of $15,650.
- Enforcement Manual, Chapter 8 – Infringement Notices (administrative fines)
- Enforcement Manual, Chapter 10 – Demerit points scheme
Serious and imminent risks to safety
We have zero tolerance for serious, wilful, or repeated disregard of the aviation rules.
We can immediately suspend a person’s or organisation’s privileges to engage in an aviation activity if we find they are operating in a way that creates a serious and imminent risk to aviation safety. This can include suspending someone’s permission to fly or to operate commercially.
We can immediately suspend a licence or authorisation for 5 days while we investigate.
If we need more time to investigate:
- we must apply to the Federal Court and
- the court may allow further time to complete an investigation.
Prosecution
Serious breaches of the Civil Aviation Act and the Regulations may involve the commission of a criminal offence. In those cases, we may prepare a brief to the Commonwealth Director of Public Prosecutions to decide whether to commence a criminal prosecution.
We usually refer cases to the CDPP in cases involving breaches that:
- are deliberate
- show a reckless disregard for the rules
- show a pattern of disregard for the rules
- cause a significant risk to safety including by putting other people in danger.
Appeal rights
People and organisations are able to appeal certain of our enforcement related decisions to the Administrative Appeals Tribunal or the Federal Court.