86, 2005). officer means a member of the staff of CASA. 55, 1988; No. (1)  CASA may issue AOCs for the purposes of its functions. (2)  The period for which the undertaking applies must not exceed 6 months. (9)  The amendment made by item 43 does not affect a delegation by the Director to a member of the staff of CASA. (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. 10, 11(2), 12–15, 18 and 19: Royal Assent (e) Ss. (b)  the destruction of, or serious damage to, an aircraft or other property (whether or not property on the aircraft). (3)  If the notice indicates that the applicant is to do something instead of complying with all or any of the requirements of section 27AB, the applicant need not comply with those requirements of section 27AB. Contracting State means a foreign country that is a party to the Chicago Convention. (1)  The Minister may enter into an agreement with the Director about the performance of CASA’s functions and the exercise of CASA’s powers. provide includes maintain, operate and use. Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences created by this Act. (2)  CASA must comply with a direction under subsection (1). (2)  A person must not operate an aircraft being reckless as to whether the manner of operation could endanger the person or property of another person. (ii)  which the regulations declare to be dangerous goods. (2)  The financial position of the applicant is one of the matters that CASA may take into account in forming a view for the purposes of paragraph (1)(a). Yes. (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. 105, 2003). (1)  The regulations may require that persons handling, or involved in handling, cargo in the course of the cargo being carried or consigned for carriage on an aircraft are to undertake specified training relating to dangerous goods. 152, 1997). (5)  The person is not entitled to any refund of fees that the person has paid in respect of the old authorisation. The main object of this Act is to establish a regulatory framework for maintaining, enhancing and promoting the safety of civil aviation, with particular emphasis on preventing aviation accidents and incidents. airway means a designated path in an air route identified by an area of specified width on the surface of the earth. (a)  aircraft of any part of the Defence Force (including any aircraft that is commanded by a member of that Force in the course of duties as such a member); and. (8)   Section 18 is taken to have commenced on 20 June 1990. All relevant information pertaining to application, saving or transitional provisions prior to 7 March 2000 is not included in this compilation. (c)  an Australian aircraft shall not operate outside Australian territory. Shown Here: Passed Senate amended (10/20/1988) (Measure passed Senate, amended, in lieu of S. 2745) . (2)  CASA may at any time give a written notice to the holder of an AOC, varying any of the conditions of the AOC that were imposed by CASA. (b)  in relation to which CASA has a function or power under this Act or the regulations. 30DD  CASA may suspend despite other processes. (b)  the holder is not entitled to be granted a civil aviation authorisation of that class for 3 years from the date of the notice. (e)  that the applicant has given CASA a copy of either: (i)  the certificate of airworthiness of the aircraft; or. The Protocol makes it an offence to commit similarly violent, dangerous, or damaging acts in airports that serve civil aviation. commencement time means the time at which item 2 of Schedule 1 to this Act commenced. (a)  an aircraft flies over the territory of a foreign country; and, (i)  the flight is required to be authorised by the foreign country and is not so authorised; or. mixed authority AOC means an AOC authorising: (a)  the operation of a foreign registered aircraft on regulated domestic flights; and. Directions......................................................................................... 13, 12A....... Minister may give CASA notices about its strategic direction etc... 14, 12B....... Minister may direct CASA to give documents and information to nominee           14, 12C....... Director and Minister may enter into agreements about the performance of CASA’s functions etc. The notes at the end of this compilation (the endnotes) include information about amending laws and the … The Civil Aviation Act 1949. 82, 1995; No. (b)  CASA is to be a party to any proceedings on an application under paragraph (a). (2)  The Civil Air Ensign of Australia may be flown or otherwise displayed: (b)  on an Australian aircraft engaged in international air navigation; or. (6)  If CASA considers that the holder has breached any of the terms of the undertaking, CASA may apply to the Federal Court for an order under subsection (7). CASA or the Director, or an officer, authority or person having powers and functions under this Act or the regulations, may also have similar powers and functions conferred by the law of a State or Territory relating to air navigation. 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. Title ..................................... S. 3...................................... am. 23B  Training relating to dangerous goods. Civil Aviation Act 1988 Civil Aviation Regulations 1988 Exemption - Class A aircraft used in private operations and maintenance controllers. 10, 11, 13–15 and 19: Royal Assent (c) S. 12: (c) S. 16: (c) S. 17: (c) S. 18: 20 June 1990 (c), Part 2 (ss. an act to make provision for the promotion of security and safety of civil aviation and in relation to aerodromes and aircraft and for that and other purposes to amend and extend the air navigation and transport acts, 1936 to 1986; to make provision for the implementation of certain protocols to the warsaw convention, the chicago convention and the montreal convention; to … It is proof in accordance with this section if: (a)  before CASA varies, suspends or cancels the authorisation; or. 8, 2000). (b)  the holder is not entitled to be granted a civil aviation authorisation of that class, from the date of the notice until the end of the last day on which a civil aviation authorisation of that class is suspended as a result of the notice. 143, 2001; No. Division 3C—Protection from administrative action for voluntary reporting. (7)  If an 83 bis agreement has ceased to be in force, CASA must, as soon as practicable, publish a Gazette notice setting out particulars of that cessation. (2)  Subject to this Part, a person appointed as Director holds office for the period of not more than 5 years that is specified in the instrument of appointment. A combination of measures and human and material resources intended to safeguard Civil Aviation.. Opinion, belief or purpose or referred to in paragraph ( 5 ), suspend or cancel an within... The order ceased to be paid money appropriated by Parliament or built on ; or so its. 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