by No. (4)  Strict liability applies to paragraph (3)(b). (b)  do any act that threatens the safety of the aircraft or of persons on board the aircraft. Civil Aviation (Amendment) Act 1996 . (10)  A notice under this section may be served personally or may be served by post at the last-known place of residence or business of the proprietor or at the address at which the installation is installed, kept or operated. (ii)  which the regulations declare to be dangerous goods. The bill seeks to amend the Act to take into account the cost of regulation, whilst maintaining the primacy of safety. territory, in relation to a foreign country, means the land and the adjacent territorial sea under the sovereignty, suzerainty, protection or mandate of the foreign country. (3)  It is evidence of a failure by a body and its directors to comply with this section if an act covered by this section is done without a reasonable degree of care and diligence mainly because of: (a)  inadequate corporate management, control or supervision of the conduct of any of the body’s directors, servants or agents; or. Note:          The suspension under section 30DC continues in force beyond the end of the order and may continue until at least the end of the 5 days that CASA has to decide whether to give a show cause notice—see section 30DJ. Service Canberra. Instrument number CASA 127/95 Civil Aviation Act 1988 Civil Aviation Regulations Appointment of persons to issue maintenance releases - Regulation 43 I, JOHN EDWIN INNES PIKE, Deputy Director (Operations), a delegate of CASA: (2)   Subject to this section, this Act commences at the commencing time. 5, 1994; No. 10 [item 65]), Audit (Transitional and Miscellaneous) Amendment Act 1997, Schedule 3 (items 4, 6–8): 30 June 1995 (l), S. 77: 6 Nov 1995 (see Gazette 1995, No. Short title 2. 96  Tabling of directions, notices etc. 86, 2005). 27AD CASA may require proving flights etc. (3)   A Proclamation may fix a day that is earlier than the day on which the Proclamation is published in the Gazette but only if: (a)   in the case of sections 30, 31, 35, 37, 39, 43 and 50 and Parts 1 and 2 of the Schedule—the day is not earlier than the substantial minority sale day; and. 101, 1991; No. The last-mentioned section was repealed by the Civil Aviation Legislation Amendment Act 1995 before a date was fixed for the commencement of section 77. AT AIRPORTS SERVING INTERNATIONAL CIVIL AVIATION, SUPPLEMENTARY TO THE CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF CIVIL AVIATION, DONE AT MONTREAL ON 23 SEPTEMBER 1971 SIGNED AT MONTREAL ON 24 FEBRUARY 1988 Entry into force: The Protocol entered into force on 6 August 1989. (b)  any information disclosed by the person in contravention of this section is not admissible in any civil or criminal proceedings (other than proceedings against the person under this section). Civil Aviation Act 1988 Civil Aviation Regulations 1988 Exemption - Class A aircraft used in private operations and maintenance controllers. An AOC has effect subject to the condition that CASA remains satisfied as mentioned in paragraphs 28(1)(a) and (b) in relation to the operations that are covered by the AOC. (2B)  An AOC may be issued only to a natural person or to a body having legal personality. Except where the expression state aircraft is used, references in Part III or IIIB or section 98 to aircraft or air navigation do not include references to state aircraft or air navigation by state aircraft. Civil Aviation Act 1988 Act No. The Director shall not engage in paid employment outside the duties of his or her office except with the Minister’s approval. In section 6(6) and (7) of the Civil Aviation … (6A)  The regulations may contain provisions relating to medical standards that are inconsistent with the Sex Discrimination Act 1984 if the inconsistency is necessary for the safety of air navigation. (6)  Where a person has been convicted of an offence in respect of an act or omission under the law of the foreign country, the person is not liable to be convicted of an offence arising under subsection (2) or (3) in respect of the act or omission. CASA means the Civil Aviation Safety Authority established by the Civil Aviation Act 1988. 30B  Variation and termination of exclusion order. (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. (4)  The amendments made by item 29 of Schedule 1 do not affect the validity of any regulation made before the commencement of that item, so far as the regulation prescribed fees other than for services provided by, applications or requests dealt with in any way by, or anything done by, an external service provider (within the meaning of section 97AB of the Civil Aviation Act 1988). (3)        Regulations under section 98 of the Civil Aviation Act 1988 may deal with matters of a transitional, application or saving nature relating to the fact that the original Civil Aviation Regulations (as purportedly amended as mentioned in subitem (1)), and the original Civil Aviation Safety Regulations (as purportedly amended as mentioned in subitem (2)) are taken to have effect as provided in subitems (1) and (2). AOC means an Air Operator’s Certificate issued under Division 2 of Part III. (2)  CASA may only grant the permission if it is satisfied that to do so will not adversely affect the safety of air navigation. Discovery of evidence...................................................................... 71, 32AHA. 31D  CASA may still suspend for a serious and imminent risk. No. (3)  The Director must keep the Minister informed about: (a)  significant changes to the plan; and. (c)   In the case of sections 25, 36, 38, 44 and 51 and Parts 5, 6 and 7 of the Schedule—the day is not earlier than the 100% sale day. 5. The staff of CASA are to be persons appointed or employed by CASA on such terms and conditions as are determined by the Director in writing. (7)  If the Federal Court is satisfied that the holder has breached a term of the undertaking, the Court may make all or any of the following orders: (a)  an order directing the holder to comply with that term of the undertaking; (b)  an order directing the holder to pay to the Commonwealth an amount up to the amount of any financial benefit that the holder has obtained directly or indirectly and that is reasonably attributable to the breach of the undertaking; (c)  any other order that the Court considers appropriate. (3)        This item does not affect the rights and liabilities arising between parties to a proceeding heard and finally determined by a court before the commencement of this Schedule, to the extent that those rights and liabilities arose from, or were affected by: (a)  the original Civil Aviation Regulations (as purportedly amended as mentioned in paragraph (1)(b)); or. (1)  Each amendment made by this Act applies to acts and omissions that take place after the amendment commences. (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. If CASA suspends a civil aviation authorisation under section 30DC and applies to the Federal Court for an order under section 30DE, the suspension continues in force until the time worked out under the table (unless earlier revoked). 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 Changes that have been made appear in the content and are referenced with annotations. (e)  that the applicant has given CASA a copy of either: (i)  the certificate of airworthiness of the aircraft; or. maintenance means any task required to ensure, or that could affect, the continuing airworthiness of an aircraft or aeronautical product, including any one or combination of overhaul, repair, inspection, replacement of an aeronautical product, modification or defect rectification. (b)  failure to provide adequate systems for communicating relevant information to relevant people in the body. 30DD  CASA may suspend despite other processes. Shown Here: Passed Senate amended (10/20/1988) (Measure passed Senate, amended, in lieu of S. 2745) . (b)  if it is practicable to do so, notify each such person of the proposed application. (5)  CASA may, at any time, by written notice given to the holder of the permission, vary the conditions or impose further conditions if CASA considers it necessary to do so in the interests of the safety of air navigation. 30DT  Regulations may prescribe offences that the demerit points scheme applies to, (a)  offences to which this Division applies; and. Subdivision D—Reinstatement of civil aviation authorisation in special circumstances, 30EF  CASA may reinstate if satisfied that holder’s livelihood depends on authorisation. ....................................................................... .............................................................. ...................................................................................... ...................................................................... ............................................................... .............................................................................. ....................................................... .................................................... ................................................................... ............................................................................ .................................................................. ......................................................................................... ............................................................................... ..................................................................................... ................................................................................ ........................................................ ................................................... ...................................................... .......................................................................... ........................................................... ............................................ .................................................. ................................................ ..................................................... ................................................................................................ .......................................................... ........................................................................ ............................................... ............................................................. ............................................................................. .............................................. ........................................................................................ ................................................. .................................................................................. ............................................. .......................................... .................................................................................... ......................................................................... ............................................................................................ ................................................................. ....................................................................................... ................................................................................. ..................................................................... Operation of a foreign registered aircraft without AOC, Suspension for contravening the serious and imminent risk prohibition, Court order in relation to the serious and imminent risk prohibition, Protection from administrative action for voluntary reporting, Reinstatement of civil aviation authorisation in special circumstances, Administration of the demerit points scheme, Protection of CVR (cockpit voice recording) information, Immediately after the time specified in the, Immediately after the commencement of section 3 of the, (b)   immediately after the commencement of section 3 of the, 4A Application to aircraft subject to 83 bis agreements, Part II—Establishment, functions etc. (b)  the agreement states that the disapplied provision relates to that function. Section 3 commenced on 6 July 1995 (see Gazette 1995, No. (2)  If an application is made under paragraph (1)(a), the Court may terminate or vary the order but only if it is satisfied that doing so would not prejudice air navigation safety. proprietor, in relation to an installation, means the owner or user of the installation or the owner or occupier of the premises or place where the installation is installed, kept or operated. 3 [items 7, 8])S. 19(1) (am. Wikipedia Citation. S. 13 ................................... S. 16 ................................... S. 17 ................................... S. 18 ................................... S. 19 ................................... am. the end of the fifth business day after the order ceased to be in force. (2)  An unpaid fee is a debt due to CASA and recoverable by CASA in a court of competent jurisdiction. (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. "AA" means Airservices Australia established by the Air Services Act 1995. 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. The Civil Aviation Act 1988 as shown in this compilation comprises Act No. 14, 1997. (2)  Subject to subsection (3), the magistrate may issue the warrant if satisfied, by information on oath, that there are reasonable grounds for suspecting that there is, or there may be within the next 72 hours, on the premises a particular thing that may afford evidence of the commission of an offence against this Act or the regulations. (2A)  Subsection (2) does not apply if the person has a reasonable excuse. the time the holder is notified of the variation, suspension or cancellation. (3)  The fee must not be such as to amount to taxation. (4)  The plan must include details of the following matters: (a)  assumptions about CASA’s operational environment; (d)  review of performance against previous corporate plans; (e)  analysis of risk factors likely to affect safety in the aviation industry; (f)  human resource strategies and industrial relations strategies. (1)  An aircraft shall not, except with the permission of CASA and in accordance with any conditions specified in the permission: (a)  arrive in Australian territory from a place outside Australian territory; or. 32AL  Destruction or disposal of certain goods. (2)  If an applicant for an AOC is (or will be) required by the regulations or Civil Aviation Orders to have any of the following manuals, the applicant must lodge the current or proposed version of the manual concerned: (3)  The applicant is not required to lodge a manual under this section if the applicant has previously lodged a copy of the same version of the manual. commencement time means the time at which item 2 of Schedule 1 to this Act commenced. (1)  The regulations may establish a scheme for the voluntary reporting of reportable contraventions to the prescribed person. Civil Aviation (Carriers’ Liability) Act 1959 (CACL Act) and Damage by Aircraft Act 1999 (DBA Act). (6C)  CASA must consult the Human Rights and Equal Opportunity Commission about any proposal that regulations be made containing provisions that are inconsistent as mentioned in subsection (6A) or (6B). (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. Instrument number CASA 316/98 Civil Aviation Act 1988 Civil Aviation Regulations Instruction under Regulation 174A relating to the carriage of transponders by aircraft operating in controlled airspace I, MICHAEL ROBERT TOLLER, Director of Aviation Safety: (b)  the number of points that are incurred in relation to an offence. 6  Effect of the Civil Aviation Regulations and the Civil Aviation Safety Regulations on and after the commencement of this Schedule. The Protocol makes it an offence to commit similarly violent, dangerous, or damaging acts in airports that serve civil aviation. (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. (2)  Strict liability applies to subparagraphs (1)(b)(i) and (ii). (4)  If directing a variation of the corporate plan, the Minister must consider: (a)  the objectives and policies of the Commonwealth Government; and. safety rules means the provisions of this Act, and of the regulations, that relate to safety. (b)  the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution; CASA is liable to pay compensation of a reasonable amount to the person in respect of the acquisition. 1, 1998; No. Australian court means a federal court or a court of a State or Territory. (1)        Despite the amendment or repeal of a provision by this Schedule, that provision continues to apply, after the commencement of this item, in relation to: (a)  an offence committed before the commencement of this item; or, (b)  proceedings for an offence alleged to have been committed before the commencement of this item; or. (4)  If the court is satisfied that, in the circumstances of the case, the public interest in the proper determination of a material question of fact outweighs: (a)  the public interest in protecting the privacy of members of crews of aircraft; and. (1)  A reference to a domestic commercial flight in any of the following documents is taken, after the commencement time, to be a reference to a regulated domestic flight: (a)  an AOC that was in force immediately before the commencement time; (b)  a permission that was in force immediately before the commencement time, being a permission granted under section 27A of the Civil Aviation Act 1988; (c)  an application for an AOC that was made before the commencement time; (d)  an application made before the commencement time under section 27A of the Civil Aviation Act 1988. (d)  any other matters necessary or incidental to the establishment or operation of a scheme in accordance with subsection (1). This compilation was prepared on 8 July 2005taking into account amendments up to Act No. 8, 2000). 13–17: Royal Assent (f) S. 18: 1 July 1991 (f), Schedule (Part 1): 10 Mar 1993 (see Gazette 1993, No. (2)  If a condition of an AOC referred to in paragraph (1)(a) or (aa) is breached, the AOC continues, despite the breach, to authorise flights or operations to which the condition relates. 3, 13, 14, 20 and 21: 10 Dec 1991 (see s. 2(3) and Gazette 1991, No. (1)  On application by CASA or the holder of the civil aviation authorisation, the Federal Court may: (a)  extend (but not for more than 28 days); or. serious incident means an occurrence that is associated with the operation or maintenance of an aircraft where either or both of the following applies: (a)  the occurrence gives rise to a danger of death or serious harm to a person; (b)  the occurrence gives rise to a danger of serious damage to an aircraft or other property (whether or not property on the aircraft). (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. The Civil Aviation Act 1988 (CAA) is the act which established the Civil Aviation Safety Authority (CASA) with functions relating to civil aviation, in particular the safety of civil aviation.. (1)  The holder of an AOC must at all times take all reasonable steps to ensure that every activity covered by the AOC, and everything done in connection with such an activity, is done with a reasonable degree of care and diligence. (1)  The holder of an AOC must at all times maintain an appropriate organisation, with a sufficient number of appropriately qualified personnel and a sound and effective management structure, having regard to the nature of the operations covered by the AOC. 216, 1992; 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. Civil Aviation Act 1990. 18(a), (c) and 22: (d) Ss. dangerous goods has the same meaning as in section 23. (3)  It is not a reasonable excuse for a person to refuse or fail to answer a question or produce a book, record or document on the ground that to do so would tend to incriminate the person, but the answer to any question, or any book, record or document produced, or any information or thing obtained as a direct or indirect consequence of answering the question or producing the book, record or document is not admissible in evidence against the person in any criminal proceedings, other than proceedings for an offence against subsection (2). ) state the purpose for which the undertaking applies must not exceed 6 months penalties! Significantly affect the validity of the regulations facilities............................................ 20, 22.......... Interception etc a corporate prepared. 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Into an 83 bis agreements 5 it has in the permission of CASA for the purposes of Commonwealth. Section 66 of the Civil Aviation Organization of permanent residence, is in Australian territory Part i PRELIMINARY! Crew members see Gazette 1995, No on a full-time basis is sought material resources to! Corporation to which the demerit points incurred to be related to the Minister may CASA. Reporting a reportable contravention shown Here: passed Senate amended ( 10/20/1988 (...

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