(1)  This section applies if, after the end of the period specified in a show cause notice given under section 30DH: (a)  CASA is satisfied that a serious and imminent risk to air safety would exist if the civil aviation authorisation were not varied, suspended or cancelled; and. relevant legislation means this Act, the regulations and the Civil Aviation Orders. (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. CIVIL AVIATION REGULATIONS 1988 - made under the Civil Aviation Act 1988 TABLE OF PROVISIONS PART 1--PRELIMINARY 1. The Director of Aviation Safety is appointed under Part VIIA of the Civil Aviation Act 1988, to manage CASA subject to the directions of, and in accordance with policies determined by, the Board. S. 39 ........................................ am. (1)  For the purpose of finding out whether the relevant legislation is being complied with, an investigator may, with the consent of, and after producing the investigator’s identity card for inspection by, the occupier of prescribed premises, enter, and exercise inspection powers on, the premises. (2)  CASA must state in the notice whether the applicant is to comply with the notice: (a)  in addition to complying with the lodgment requirements of section 27AB; or. external service provider means a person who is the holder of a delegation under this Act or the regulations, or who is an authorised person within the meaning of the regulations, other than a person in any of the following capacities: (c)  a person who provides services to CASA under a contract with CASA; (d)  a person who, under a contract with CASA, provides services to the public on CASA’s behalf; (e)  an employee of a person referred to in paragraph (c) or (d). (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. (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. (iii)  services of the kind referred to in paragraph 6(1)(b) of the Australian Maritime Safety Authority Act 1990 to the extent that those services use aircraft; and any construction associated with those facilities or services; (i)  the maintenance of aircraft and related equipment; or. (6)  If CASA becomes satisfied that it is necessary to do so in the interests of the safety of air navigation, it may, by oral or written notice given to the holder of a permission given under this section, cancel the permission. (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. Australian court means a federal court or a court of a State or Territory. Note:          This subsection may require CASA to endorse a document already issued to the person. GN49) (o), Schedule 2 (items 1, 3–11): Royal Assent (p)Schedule 2 (item 2): 6 July 1995 (p), Public Employment (Consequential and Transitional) Amendment Act 1999, Schedule 1 (item 292): 5 Dec 1999 (see Gazette 1999, No. (2)  The period for which the undertaking applies must not exceed 6 months. civil proceedings means any proceedings before an Australian court, other than criminal proceedings. Weather etc. (b)  has been required, by regulations made for the purposes of this section, to undertake training relating to dangerous goods; has undertaken training relating to dangerous goods in accordance with the regulations. An employee of the Authority may, subject to any directions from the Director of CASA, perform any function or exercise any power delegated to that employee under the Civil Aviation Act 1988 (Aust) for the purpose of enabling that employee to perform the function or exercise the power in New Zealand in respect of Australian AOCs with ANZA privileges. (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). acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution. Explanatory Statement. (b)  all material required by the regulations or Civil Aviation Orders. The bill seeks to amend the Act to take into account the cost of regulation, whilst maintaining the primacy of safety. The Minister may grant leave of absence to the Director on such terms and conditions as to remuneration or otherwise as the Minister determines in writing. Civil Aviation Act 1988 Act No. CIVIL AVIATION ACT 1988 - SECT 33 Definitions (1) In this Part: "body sample" means any of the following: (a) any human biological fluid; (b) any human biological tissue (whether alive or not); (c) any human breath. of CASA, 11 Functions to be performed in accordance with international agreements. 27AE Application for foreign aircraft AOC, 27AF CASA not required to consider application until requirements complied with, 27A Permission for operation of foreign registered aircraft without AOC, 28 CASA must issue AOC if satisfied about certain matters, 28A Additional conditions for issue of AOC in relation to certain foreign registered aircraft, 28BAA Certain conditions for grant of AOC also have effect as ongoing conditions on the AOC, 28BB CASA may impose and vary AOC conditions, 28BC Limits on CASA’s powers in relation to suspension, cancellation and AOC conditions, 28BG Operations headquarters and suitable buildings, 28BI Acceptable contract of insurance or satisfactory financial arrangements, Division 3—General offences in relation to aircraft, 30A Court may impose exclusion period if offence committed, 30B Variation and termination of exclusion order, 30C Court to give CASA details of exclusion orders, Division 3A—Serious and imminent risks to air safety, 30DB Serious and imminent risk prohibition, 30DD CASA may suspend despite other processes, 30DG CASA must investigate circumstances giving rise to suspension decision, 30DH CASA may give a show cause notice within 5 days after end of order, 30DI CASA may vary, suspend or cancel an authorisation within 5 days after end of show cau (b)  a power of CASA for or in connection with the performance of that function; (4)  Where the regulations provide for the removal, marking or lighting of anything referred to in paragraph (3)(g), the regulations shall also provide for the payment of compensation to any person who suffers loss or damage or incurs expense in or as a direct result of the removal, marking or lighting. 2 of ......... Part III, Heading to Subdiv. This is a compilation of the Civil Aviation Act 1988 that shows the text of the law as amended and in force on 17 November 2016 (the compilation date). (2)  Without limitation, the person prescribed under subsection (1) may be: (b)  any person from time to time holding, occupying or performing the duties of, a specified position or office (including a statutory office). (1)  This section applies if, after CASA’s investigation under section 30DG: (a)  CASA has reason to believe that a serious and imminent risk to air safety would exist if the civil aviation authorisation were not varied, suspended or cancelled; and. 83, 2003. (3)  All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of CASA appearing on a document and shall presume that the document was duly sealed. (c)  with the permission of CASA and in accordance with any conditions specified in the permission. 1–3 and Schedule 1 (items 1, 4, 6, 7, 9–11, 32): Royal AssentRemainder: 24 May 2001, Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2001, Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2002, Transport Safety Investigation (Consequential Amendments) Act 2003, Civil Aviation Legislation Amendment Act 2003, Schedule 1 (items 1–3, 8–18): 6 Sept 2004 Schedule 1 (items 4–7, 19–23): Royal Assent, Schedule 1 (items 2, 4, 5, 9, 14–17) and Schedule 2 (item 1): (t)Remainder: Royal Assent, Schedule 1 (items 7–10): (u)Schedule 2 (item 3): Royal Assent. (6)  If as a result of such an inspection or otherwise, CASA considers it necessary to do so for the safety of aircraft referred to in subsection (2), CASA may serve a notice on the proprietor directing the proprietor to make such modifications to the installation, or to take such other action, as is necessary to eliminate the cause of the interference, within a reasonable time specified in the notice. (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. line maintenance, in relation to an aircraft, means routine checks, inspections and malfunction rectifications performed en route and at base stations on the aircraft during transit, turn-around or night stops. Uncommenced amendments (b)  that is not undertaken as part of a flight into or out of Australian territory. (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. criminal proceedings means criminal proceedings before an Australian court. (b)  the day on which the warrant is executed; whichever happens first, send the magistrate who signed the warrant the form of warrant completed by the investigator and the information duly sworn in connection with the warrant. (1)  The design and colours of the Civil Air Ensign of Australia are as specified by notification in the Gazette on 4 March 1948, until another ensign is appointed in its place under section 5 of the Flags Act 1953. No. (1)  CASA may give a written notice to an applicant for a foreign aircraft AOC, requiring the applicant to give CASA all or any of the following: (a)  a copy of any air operator’s certificate, or any document having substantially the same effect, issued by the authority responsible for regulating civil aviation in the country in which the aircraft is registered or operating; (b)  a copy of any limitations or conditions imposed by the authority on operations conducted or carried out by the applicant, unless those limitations or conditions are specified in a certificate or document specified in paragraph (a); (c)  copies of any operational authorisations or requirements, however described, issued by the authority in relation to the operations of the applicant, unless those authorisations or requirements are specified in a certificate or document specified in paragraph (a) or (b); (d)  written particulars of all licences held by flight crew members intended to be engaged in carrying out operations under the foreign aircraft AOC. Yes. (b)  that is required to state a period during which the holder may show cause why CASA should not make the decision. 82, 1995 (as am. (a)  in the case of a heavier-than-air aircraft, the operation of the aircraft from the moment at which the aircraft first moves under its own power for the purpose of taking-off until the moment at which it comes to rest after being airborne; and. (2)  In subsection (1A), employed in private operations has the same meaning as it has in the regulations. (ii)  before the holder was given the infringement notice; (c)  the holder is not required to pay the penalty specified in the infringement notice; and. by No. (1)  An external service provider may charge a person such fee as is agreed between the external service provider and the person for any service provided by the external service provider under this Act, the regulations or the Civil Aviation Orders. Nothing in section 31A prevents CASA from suspending a civil aviation authorisation under section 30DC (suspension for contravening the serious and imminent risk prohibition). (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. (b)  the agreement states that the applied provision relates to that function. However, if no determination of that remuneration by the Tribunal is in operation, the Director is to be paid the remuneration that is prescribed by the regulations. After consulting the Minister, the Board appoints the Director on a full-time basis for a term of up to five years, subject to possible reappointment. (1)  This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island. (2)        Subitem (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901. (b)   the first day after the end of the period of 6 months beginning on the day on which this Act receives the Royal Assent; (2)   Section 4 and Schedule 2 commence on the same day as the Commonwealth Authorities and Companies Act 1997 commences. S. 13 ................................... S. 16 ................................... S. 17 ................................... S. 18 ................................... S. 19 ................................... am. S324). 32AE  Offence powers—exercised with consent. (b)   immediately after the commencement of section 3 of the Aviation Transport Security Act 2004. ad. (2)  Part III, section 98 and Part X, and the amendments made by Part IX, commence on a day or days to be fixed by Proclamation. CASA may arrange with the appropriate Ministers for aircraft to use an aerodrome controlled by a part of the Defence Force and, subject to the arrangement, CASA may authorise the aircraft to use the aerodrome in accordance with conditions specified by CASA. (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. (b)  a person authorised by the foreign country to give directions to aircraft flying over the territory of the foreign country. (b)  impose or vary a condition of a mixed authority AOC relating to any authorisation of an operation (other than the operation of a foreign registered aircraft on regulated domestic flights) that is contained in a mixed authority AOC; except to ensure compliance with the provisions of this Act, the regulations and the Civil Aviation Orders, relating to safety. (4)  In this section, flight time has the same meaning as in the regulations. 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. (b)  instead of complying with those requirements, or such of them as are identified in the notice. No. Note:          Some references to Australian aircraft may be affected by the operation of section 4A. (k)     The Civil Aviation Act 1988 was amended by Schedules 1 and 2 only of the Civil Aviation Legislation Amendment Act 1995, subsections 2(1), (2) and (4) of which provide as follows: (1)   Subject to this section, this Act commences on: (a)   a day to be fixed by Proclamation; or. (1)  If a person applies to CASA for an AOC, CASA must issue the AOC if, and only if: (a)  CASA is satisfied that the applicant has complied with, or is capable of complying with, the provisions of this Act, the regulations and the Civil Aviation Orders, that relate to safety, including provisions about the competence of persons to do anything that would be covered by the AOC; and. (1)  A person shall not, while in an aircraft: (a)  do any act that interferes with a crew member; or. (b)  the person’s reasons for the intention, opinion, belief or purpose. (b)  during any period, or during all periods, when the Director is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office; but a person appointed to act during a vacancy shall not continue so to act for more than 12 months. (12)  The Chief Executive Officer of AA may delegate to a member or employee of AA any powers that are delegated to AA under subsection (11). Application of the Criminal Code.................................................... 10, Part II—Establishment, functions etc. (2)  Subsection (1) does not prevent investment of any surplus money of CASA under section 18 of the Commonwealth Authorities and Companies Act 1997. (2)  A party to damages proceedings may, at any time before the determination of the proceedings, apply to the court in which the proceedings have been instituted for an order that CVR information be admissible in evidence in the proceedings. 6, 1989; No. No. In section 55 of the Civil Aviation Act 1949 (which... 3. (b)  the powers of the Tribunal under subsection 41(2) of the Administrative Appeals Tribunal Act 1975. by 11, 1991, s. 45), Transport and Communications Legislation Amendment Act 1990, Ss. 25, 1990; No. 237, as the Civil Aviation Regulations 1998. (1)  If CASA suspends a civil aviation authorisation under section 30DC, CASA may, before the end of the fifth business day after the day on which the holder of the authorisation was notified of the suspension, apply to the Federal Court for an order under this section. 12D CASA must report to the Minister as required, 18 Permissions must be based on safety matters. 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