(6)  If a person is prohibited by this section from disclosing CVR information, then: (a)  the person cannot be required by a court to disclose the information; and. (a)  the Convention on International Civil Aviation done at Chicago on 7 December 1944, whose English text is set out in Schedule 1 to the Air Navigation Act 1920; (b)  the Protocols amending that Convention, being the Protocols referred to in subsection 3A(2) of that Act, whose English texts are set out in Schedules to that Act; and. (2)  If CASA and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from CASA of such reasonable amount of compensation as the court determines. The CAA and Airspace Act 2007 fall under the responsibility of the Minister for Infrastructure and Regional Development. authorised officer means an officer authorised by CASA in writing to act under the provision in which the expression occurs. The following section outlines the structure of the various rules, regulations and guidance material. Changes that have been made appear in the content and are referenced with annotations. Explanatory Statement. (c)  if the AOC sought would authorise the operation of a foreign registered aircraft on regulated domestic flights—CASA is also satisfied that the additional conditions in section 28A have been met. (2)  Without limiting the generality of subsection (1), the powers include, subject to this Act, power: (b)  to acquire, hold and dispose of real and personal property; and, (e)  to let on hire plant, machinery, equipment or goods of CASA not immediately required by CASA; and. (1)  A person must not fly an aircraft within Australian territory if: (a)  the aircraft is not registered under the regulations; and. inspection or test means an inspection or test of any of the following: (a)  any aircraft covered by the application; (b)  any aeronautical product that is a part of, or that relates to, any aircraft covered by the application; (c)  any premises used, or proposed to be used, for the purpose of conducting or carrying out the operations covered by the application; (d)  any facilities, procedures or practices used, or proposed to be used, for a purpose covered by the application. Service Canberra. = amended    rep. = repealed    rs. operational duties means duties or functions in connection with the operation or safety of the aircraft. (2)  Before terminating the Director’s appointment, the Minister must have received a report about the proposed termination from the Secretary of the Department. ~ Civil Aviation Amendment Act 1982 Elizabeth Ii 1982 Chapter 1 ~ Uploaded By Seiichi Morimura, civil aviation amendment act 1982 elizabeth ii 1982 chapter 1 nov 24 2020 posted by el james publishing text id d61ce6b1 online pdf ebook epub library 1 june 2002 an act to establish a civil aviation safety authority with functions relating A demerit suspension notice must state the following: (b)  the start date, being the date that the suspension period begins (which must not be earlier than the 28th day after the date of the notice); (d)  the class of authorisations covered by the notice; (e)  any other information required by the regulations. CASA's DAS and CEO), to issue the instrument under the Act: Civil Aviation Safety Regulations 1998 (CASR) They must be passed by both Houses of Parliament and assented to by the Governor-General. (1A)  CASA must not suspend or cancel an AOC of the kind to which paragraph (1)(a) applies or an authorisation of the kind to which paragraph (1)(b) applies except: (a)  to ensure that the aircraft’s operation, maintenance and airworthiness are of a standard that CASA considers necessary in the interests of the safety of air navigation; or. The Civil Aviation Act 1949. (5)  Subsections (2) and (3) do not affect any other obligation imposed by law, including the law of a foreign country, to comply with a direction given by an authorised official of a foreign country. 27AF  CASA not required to consider application until requirements complied with. (2)  Subsection (1) only applies if the contravention is still a reportable contravention at the time when the criminal proceedings commence. the end of the fifth business day after the order ceased to be in force. 5  Effect of the Civil Aviation Regulations and the Civil Aviation Safety Regulations before the commencement of this Schedule. Aviation Security Amendment Act 2004 (No. (5A)  The regulations may empower CASA to issue written instruments in relation to the following: (a)  matters affecting the safe navigation and operation, or the maintenance, of aircraft; An instrument must not prescribe a penalty. S324) (g), S. 2(6) (am. (2)  An unpaid fee is a debt due to CASA and recoverable by CASA in a court of competent jurisdiction. (1)  The Minister may appoint a person to act as Director: (a)  during a vacancy in the office of Director, whether or not an appointment has previously been made to the office; or. (6)  If the holder applies to the Tribunal in accordance with subsection (4), the holder must give a copy of the application to CASA as soon as practicable after lodging it with the Tribunal. 8. 137, 2000), 418  Transitional—pre-commencement offences. civil proceedings means any proceedings before an Australian court, other than criminal proceedings. (4)  The holder must keep up-to-date records of the distribution of operational documents to members of the holder’s flight crew and any other people employed in the holder’s organisation, who are employed as cabin crew, or to carry out duties associated with fuelling, loading or despatching aircraft. (a) if the Court grants CASA’s application—the day determined by the Court in granting the application; (b) if the Court refuses CASA’s application before the end of the original period—the end of the original period; (c) if the Court refuses CASA’s application after the end of the original period and before the 28th day after the end of the original period—the day of the refusal; (d) otherwise—the 28th day after the end of the original period. (b)  that is required to state a period during which the holder may show cause why CASA should not make the decision. (9A)  The repeal of regulation 268 of the Civil Aviation Regulations 1988 by this Act does not apply to notices served by CASA before the repeal happened. (1)  In exercising a power under this Act or the regulations to vary, suspend or cancel a civil aviation authorisation, CASA must disregard a reportable contravention if the holder of the authorisation proves to CASA, in accordance with section 30DP, that the holder reported the contravention to the prescribed person: (a)  within 10 days after the contravention; and. Period of order when an application to vary is made, the holder applies to shorten the period and CASA does not apply to extend it, (a) the last day of the original period; and. 105, 2003. (2)  A suspension of a civil aviation authorisation under section 30DC has effect despite a stay (whether or not a stay under section 31A) of an earlier decision to vary, suspend or cancel the authorisation. Note:          The office of Director is a principal executive office for the purposes of the Remuneration Tribunal Act 1973—see paragraph (e) of the definition of principal executive office in subsection 3(1) of that Act. (3)  A foreign registered aircraft not possessing the nationality of a Contracting State shall not make a non-scheduled flight over or into Australian territory except with the permission of CASA and in accordance with any conditions specified in the permission. However, a failure to consult the Commission does not affect the validity of any regulations so made. (5)  An offence under subsection (3) is an offence of strict liability. No. (5)  CASA may appoint a body or bodies to advise CASA in relation to the performance of its functions. (1)  The Director is to be paid the remuneration that is determined by the Remuneration Tribunal. C .......... of Div. court includes any tribunal, authority, person or body that has power to require the production of documents or answering of questions, but does not include a Royal Commission, the Parliament or either House of the Parliament. acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution. S. 10 ................................... S. 11 ................................... S. 12 ................................... am. It is proof in accordance with this section if: (a)  before CASA varies, suspends or cancels the authorisation; or. CIVIL AVIATION ACT 1988 Part III Division 3C—Protection from administrative action for voluntary reporting Subdivision A—Preliminary 30DL Definitions In this Division: accident means an occurrence that is associated with the operation or maintenance of an aircraft and that results in: (a) the death of, or serious injury to, a person; or (2)   The amendments contained in items 15, 35 and 115 to 128 (inclusive) of the Schedule commence 28 days after the day on which this Act receives the Royal Assent. (b)  in relation to which CASA has a function or power under this Act or the regulations. No. Amends the Civil Aviation Act 1988 to require the Civil Aviation Safety Authority, in developing and promulgating aviation safety standards, to take into consideration the impacts of costs and the relative risk environment of the different aviation industry sectors. (3)  CASA also has the following functions: (a)  co-operating with the Executive Director of Transport Safety Investigation in relation to investigations under the Transport Safety Investigation Act 2003 that relate to aircraft; (b)  any functions conferred on CASA under the Civil Aviation (Carriers’ Liability) Act 1959, or under a corresponding law of a State or Territory; (c)  any functions conferred on CASA under the Air Navigation Act 1920; (ca)  entering into 83 bis agreements on behalf of Australia; (cb)  any functions conferred on CASA under the Aviation Transport Security Act 2004; (d)  any other functions prescribed by the regulations, being functions relating to any matters referred to in this section; (e)  promoting the development of Australia’s civil aviation safety capabilities, skills and services, for the benefit of the Australian community and for export; (f)  providing consultancy and management services relating to any of the matters referred to in this section, both within and outside Australian territory; (g)  any functions incidental to any of the functions specified in this section. (9)  The amendment made by item 43 does not affect a delegation by the Director to a member of the staff of CASA. (d)  a body, whether incorporated or not, established for public purposes by or under a law of the Commonwealth or of a Territory; (e)  the holder of an office established for public purposes by or under a law of the Commonwealth or of a Territory; and. (4)   If section 4A of the Civil Aviation Act 1988 has not commenced before the day that applies under subsection (1) of this section, then item 15 of Schedule 1 to this Act commences immediately after the commencement of that section. Legislation is available in different versions: Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team.Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. (1A)  Subsection (1) does not permit the Minister to notify views in relation to a particular case or a particular holder of a civil aviation authorisation. (5)  If the holder applies to the Tribunal in accordance with subsection (4), the stay continues to have effect until the earlier of: (a)  the time when the decision of the Tribunal on the application comes into operation; and. 152, 1997); No. closed a previous loophole in the 1982 Act by the insertion of section 92(1B) so that acts or omissions which take place on board UK-bound foreign aircraft should constitute offences had they occurred in, or in a part, of the UK. (1)  A recording is a CVR (or cockpit voice recording) for the purposes of this Part if: (a)  the recording consists of (or consists mainly of) sounds or images, or sounds and images, of persons on the flight deck of an aircraft; and, (b)  the recording was made in order to comply with a law of the Commonwealth; and. (c)  any matter connected with, or arising out of, such proceedings; as if the amendment or repeal had not been made. (a) if the Court grants one of the applications—the day determined by the Court in granting the application; (b) if the Court refuses both applications before the end of the original period—the end of the original period; (c) if the Court refuses the extension application after the end of the original period and before the 28th day after the end of the original period—the day of the refusal; Subdivision D—Investigation and further action by CASA, 30DG  CASA must investigate circumstances giving rise to suspension decision. (4A)  CASA may, in writing, issue Civil Aviation Orders, not inconsistent with this Act or the regulations, and not prescribing any pecuniary penalty, with respect to any matter in relation to which regulations may be made for the purposes of section 23, 23B or 28BA, and an Order so issued is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. (c)  any other considerations the Minister thinks appropriate. Part II—Establishment, functions etc. 30DU  Classes of civil aviation authorisations. demerit cancellation notice means a notice under section 30EC. international registration plan has the same meaning as in the regulations. CASA may refuse to consider an application, or to consider it further, while there are requirements under this Subdivision that the applicant has not complied with. Already got a Trove account. The Protocol makes it an offence to commit similarly violent, dangerous, or damaging acts in airports that serve civil aviation. (1)  The Governor-General may make regulations, not inconsistent with this Act: (a)  prescribing matters required or permitted by this Act to be prescribed; (b)  prescribing matters necessary or convenient to be prescribed for carrying out or giving effect to this Act; (c)  for the purpose of carrying out and giving effect to the provisions of the Chicago Convention relating to safety; (d)  in relation to safety of air navigation within a Territory or to or from a Territory; (e)  in relation to safety of air navigation, being regulations with respect to trade and commerce with other countries and among the States; and. (c)  a corporation formed in a Territory. (a)  if the total of the demerit points counted under paragraphs (1)(a) and (b) is 6, 7, 8 or 9—90 days; or, (b)  if the total of the demerit points counted under paragraphs (1)(a) and (b) is 10, 11, 12 or 13—120 days; or, 30EA  Details in a demerit suspension notice. (2)  In exercising any powers under the delegation, the Secretary must comply with any directions of the Minister. (3A)  Regulations made for the purposes of subparagraph (b)(ii) of the definition of dangerous goods in subsection (3) may apply, adopt or incorporate (with or without modification) the Dangerous Goods List contained in the Technical Instructions for the Safe Transport of Dangerous Goods by Air, approved and published by decision of the Council of the International Civil Aviation Organisation, as in force from time to time. Instrument number CASA 128/95 Civil Aviation Act 1988 Civil Aviation Regulations Appointment of persons to endorse, and to cancel endorsements on Maintenance Releases (1)  CASA may give a written notice to an applicant for an AOC, requiring the applicant to give CASA information in writing, or documents, that: (b)  are in the applicant’s possession or under the applicant’s control; and. You have corrected this article This article has been corrected by You and other Voluntroves This article has been corrected by Voluntroves $ Close Captcha. (n)     The Civil Aviation Act 1988 was amended by Schedule 2 (items 28–30) only of the Statute Law Revision Act 1996, subsection 2(2) of which provides as follows: (2)   Each item in Schedule 2 commences or is taken to have commenced (as the case requires) at the time specified in the note at the end of the item. CASA gave the holder a show cause notice under section 30DH in relation to the authorisation, but, in the 5 business days after the last day of the period specified in the notice, CASA does not vary, suspend or cancel the authorisation. (ii)  a summary of action taken in the financial year by CASA, or by the Director, because of notices given to CASA in any financial year; (c)  particulars of each direction given to CASA by the Minister under section 12B, during the financial year covered by the report. 158, as the Civil Aviation Regulations 1988. original Civil Aviation Safety Regulations means the regulations purportedly made, before the commencement of this Schedule, by Statutory Rules 1998, No. (3)  Where, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show: (a)  that the conduct was engaged in by a servant or agent of the person within the scope of his or her actual or apparent authority; and. (3)  CASA may serve a notice on the proprietor directing the proprietor to permit the installation to be inspected and tested by an officer. 2) 1992, subsections 2(1) and (2) of which provide as follows: (2)   Sections 18 and 23 are taken to have commenced on 1 July 1991. (1)  Where an investigator who enters premises under section 32AE or under a warrant under section 32AF or 32AG finds the thing (in this subsection called evidence) which the investigator entered the premises to find: (a)  the investigator may seize the evidence; and, (b)  the investigator may keep the evidence for 60 days or, if a prosecution for an offence against this Act or the regulations, in the commission of which the evidence may have been used or otherwise involved, is started within that period, until the completion of the proceedings for the offence and of any appeal in relation to the proceedings; and. (ii)  anything referred to in paragraph (c) or (e). The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law. Power to make regulations 4. 70–74 ................................ S. 75 ........................................ Ss. (b)  in the case of a lighter-than-air aircraft, the operation of the aircraft from the moment when it becomes detached from the surface of the earth or from a fixed object on the surface of the earth until the moment when it becomes again attached to the surface of the earth or a fixed object on the surface of the earth. (4)  Nothing in this section prevents the carriage and use on aircraft of signalling apparatus and other apparatus necessary for the operation or navigation of the aircraft or the safety of the crew or passengers. Part 5 of the Schedule commenced on 30 August 1995 (see Gazette 1995, No. 25, 1990; No. (3)  If the magistrate is satisfied that it is necessary for the investigator to continue to retain the thing: (a)  for the purposes of an investigation as to whether an offence against this Act or the regulations has been committed; or. (p)     The Civil Aviation Act 1988 was amended by Schedule 2 only of the Civil Aviation Legislation Amendment Act 1998, subsections 2(1) and (2) of which provide as follows: (2)   Item 2 of Schedule 2 is taken to have commenced on 6 July 1995, immediately after the commencement of item 77 of Schedule 1 to the Civil Aviation Legislation Amendment Act 1995. The Airspace Act 2007 requires the Minister for Infrastructure and Regional Development to make an 'Australian Airspace Policy Statement' outlining the Government's policy in respect to the classification, … 59, 60 ................................ S. 61 ........................................ S. 62 ........................................ S. 62A ..................................... Ss. (2)  If the Federal Court is satisfied that there are reasonable grounds to believe that the holder has engaged in, is engaging in, or is likely to engage in, conduct that contravenes section 30DB, the Court must make an order that prohibits the holder from doing anything that is authorised by the authorisation but that, without the authorisation, would be unlawful. (b)  a body corporate that is incorporated in a Territory. Note:          A defendant bears an evidential burden in relation to the matter in subsection (8A) (see subsection 13.3(3) of the Criminal Code). Act No. (b)  before the due date for payment of the penalty specified in the infringement notice; the holder produces a receipt from the prescribed person that identifies: (d)  the date the report was made to the person; and. (2)  Subsection (1) applies despite paragraphs 30DY(2)(b), 30DZ(2)(b) and 30EC(2)(b). 82, 1995; No. Application (1) This section applies in relation to an operation covered by an AOC if any of the following provisions apply in relation to the operation: (a) subsection 41E(1) or (3) of the Civil Aviation (Carriers' Liability) Act 1959 ; 32  Powers and functions under State and Territory laws. (e)  a suspension or cancellation of a civil aviation authorisation under Division 3D (the demerit points scheme). 18  Permissions must be based on safety matters. (o)     The Civil Aviation Act 1988 was amended by Schedule 3 (item 621) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows: (2)   Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997. (3)   The amendments contained in items 1, 2, 3, 20, 21, 22, 23 and 25 of the Schedule commence on a day to be fixed by Proclamation, being a day not before the day on which the Protocol inserting 83 bis into the Convention on International Civil Aviation comes into force in relation to Australia. (a)  a corporation to which paragraph 51(xx) of the Constitution applies; or. CIVIL AVIATION ACT 1988 - SECT 28BI Personal injury liability insurance. (b)  CASA is to be a party to any proceedings on an application under paragraph (a). show cause notice means a written notice to the holder of a civil aviation authorisation: (a)  that, by this Act or the regulations, is required to set out the reasons why CASA is considering making a decision under the Act or regulations; and. 86, 2005. (1)  Where, because of circumstances of urgency, an investigator thinks it necessary to do so, the investigator may apply for a warrant under section 32AF by telephone, in accordance with this section. (3)  Subsection (1) or (2) does not apply to: (a)  copying or disclosure for the purposes of an investigation under the Transport Safety Investigation Act 2003; or, (b)  copying or disclosure for the purposes of the investigation of any offence against a law of the Commonwealth, a State or a Territory; or, (c)  disclosure of CVR information to a court in criminal proceedings against a person who is not a crew member; or. (3)  The holder must keep the contents of the reference library up-to-date and in a readily accessible form. (2)  The only persons who may be present at the examination are: (a)  the person or persons constituting the court, other than the members of the jury (if any); and, (b)  the legal representatives of the parties to the proceedings; and. (7)  The term of an AOC shall be as determined by CASA. Name of Regulations 2. 86, 2005. 2. 86, 2005. (a)  is a body corporate with perpetual succession; (c)  may sue and be sued in its corporate name. 34, 35 ................................ S. 36......................................... S. 37 ........................................ S. 38 ........................................ am. (3)  CASA may apply only once to extend the period of an order. (b)  regulations had been in force during that period that were in the same terms as the original Civil Aviation Safety Regulations, as purportedly amended from time to time during that period. 27J and 27K of the Minister, 97AB Charging of fees by external service provider to CASA Act. By Statutory rules 1988, No paid the allowances that are prescribed ANZA privileges in! 1998, Transport and Communications Legislation Amendment Act 1990 commenced on 2 October 1997 see!........................................................................ 29, 27AC.... CASA may appoint a body or bodies to advise in. 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