Civil Aviation (Medical Certification) Amendment Act 2001

9 Amendments to offence provisions
  • The principal Act is amended by inserting, after section 46, the following sections:

    46A Acting without required medical certificate
    • (1) Every person who exercises the privileges of any aviation document or operates an aircraft solo commits an offence if that person—

      • (a) does not hold an appropriate current medical certificate issued under Part 2A or a medical certificate recognised by the Director under the rules; or

      • (b) knows or has reasonable grounds to suspect that he or she can no longer exercise safely the privileges to which his or her medical certificate relates; or

      • (c) fails to comply with any conditions, restrictions, or endorsements specified by the Director under section 27B(4).

      (2) Every person who commits an offence under subsection (1) is liable to imprisonment for a term not exceeding 12 months or to a fine not exceeding $10,000.

    46B Fraudulent, misleading, or intentionally false statements to obtain medical certificate
    • (1) Every person commits an offence who makes or causes to be made—

      • (a) any fraudulent, misleading, or intentionally false statement for the purpose of obtaining a medical certificate under Part 2A; or

      • (b) any fraudulent, misleading, or intentionally false entry in any logbook, record, form, or report that is required to be kept, made, or used to show compliance with any conditions, restrictions, or endorsements placed on any medical certificate under Part 2A; or

      • (c) any reproduction or alteration for fraudulent purposes of any medical certificate issued under Part 2A; or

      • (d) any fraudulent, misleading, or intentionally false statement during an investigation under section 27H or a review under section 27L or an assessment under section 27M.

      (2) Every person who commits an offence under subsection (1) is liable to imprisonment for a term not exceeding 12 months or to a fine not exceeding $10,000.

    46C Failure to disclose information required by Director
    • (1) Every person commits an offence who fails to disclose, without reasonable excuse, information required by the Director under section 27C(1) or section 27H.

      (2) Every person who commits an offence under subsection (1) is liable to imprisonment for a term not exceeding 12 months or to a fine not exceeding $5,000.