CASA’s primary function under the Civil Aviation Act 1988 (the Act) is to conduct the safety regulation of civil air operations in Australian territory and the operation of Australian aircraft outside Australian territory, by means that include 'developing effective enforcement strategies to secure compliance with aviation safety standards'.
CASA takes 'enforcement action' when it detects non-compliance with obligations imposed by the Act, the Civil Aviation Regulations and the Civil Aviation Safety Regulations and other instruments made under the Act or the Regulations. Non-compliance in this context may involve contravention of the Act or the Regulations, but it may also involve a breach of a condition attaching to a licence or certificate, or acts or omissions which indicate that a person no longer meets the standards required by the legislation for the holding of a licence or certificate.
CASA has a range of enforcement options and takes an holistic approach to safety enforcement by utilising the most appropriate enforcement remedy or remedies given the facts of the particular breach and its safety implications. These enforcement options are exercised in accordance with the procedures set out in the Enforcement Manual.
Amendments to the Civil Aviation Act and Regulations in February 2004 have increased CASA’s ability to respond appropriately to legislative breaches and provide room for a more cooperative approach to gaining compliance.