Civil Aviation Act 1990

Offences and penalties - General offences

49: Communicating false information or failing to disclose information relevant to granting or holding of aviation document

You could also call this:

“Not telling the truth or hiding important information about aviation documents”

You commit an offence if you do any of these things:

You give false information to the Authority or the Director about aviation matters. This includes anything related to the Civil Aviation Act, its regulations, or rules.

You apply for an aviation document but don’t tell the Authority or Director important information that you know about. You need a good reason if you don’t share this information.

You already have an aviation document but don’t tell the Authority or Director important information that you know about. This information needs to be related to the conditions mentioned in section 9(3). Again, you need a good reason if you don’t share this information.

If you do any of these things and are found guilty, you can be punished. If you’re an individual, you might go to jail for up to 12 months or have to pay up to $10,000. If you’re a company, you might have to pay up to $50,000.

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Part 5 Offences and penalties
General offences

49Communicating false information or failing to disclose information relevant to granting or holding of aviation document

  1. Every person commits an offence who,—

  2. by any means, provides to the Authority or the Director information relevant to the Authority's or the Director's exercise of powers under this Act, or under regulations or rules made under this Act, knowing the information to be false; or
    1. being an applicant for an aviation document, fails, without reasonable excuse, to provide to the Authority or the Director information known to that person which is relevant to the Authority's or the Director's exercise of powers under this Act, or under regulations or rules made under this Act; or
      1. being the holder of an aviation document, fails, without reasonable excuse, to provide to the Authority or the Director information known to that person which is relevant to the condition specified in section 9(3).
        1. Every person who commits an offence against subsection (1) is liable on conviction,—

        2. in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000; or
          1. in the case of a body corporate, to a fine not exceeding $50,000.
            Notes
            • Section 49(1): substituted, on , by section 26 of the Civil Aviation Amendment Act 1992 (1992 No 75).
            • Section 49(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
            • Section 49(2)(a): amended, on , by section 21(a) of the Civil Aviation Amendment Act 2004 (2004 No 8).
            • Section 49(2)(b): amended, on , by section 21(b) of the Civil Aviation Amendment Act 2004 (2004 No 8).
            • Section 49(2)(b): amended, on , by section 41 of the Civil Aviation Amendment Act 1992 (1992 No 75).
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