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Paid Members? (c)  an aeronautical product for an Australian aircraft; if the person is not permitted by or under the regulations to carry out that maintenance. 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. Note:          This subsection has no effect at any time when a determination is in force under section 12C of the Remuneration Tribunal Act 1973—see subsection 12C(3) of that Act. CIVIL AVIATION ACT 1988 - SECT 20AB Flying aircraft without licence etc. (a)  authorise an investigator named in the warrant, with such assistance and by such force as is necessary and reasonable, to enter, and exercise inspection powers on, the premises; and, (b)  state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and, (c)  specify the day (not more than one month after the issue of the warrant) on which the warrant ceases to have effect; and. Australian court means a federal court or a court of a State or Territory. (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. S. 22 ................................... S. 23 ................................... am. civil aviation authorisation includes an AOC. (r)     The Civil Aviation Act 1988 was amended by Schedule 10 (item 69) only of the Corporate Law Economic Reform Program Act 1999, subsection 2(2)(c) of which provides as follows: (2)   The following provisions commence on a day or days to be fixed by Proclamation: (c)   the items in Schedules 10, 11 and 12. (2)  A person who stops being an investigator must, as soon as practicable, return his or her identity card to CASA. (c)     The Civil Aviation Act 1988 was amended by sections 10–19 only of the Transport and Communications Legislation Amendment Act 1990, subsections 2(1), (4), (5), (7) and (8) of which provide as follows: (1)   Subject to this section, this Act commences on the day on which it receives the Royal Assent. (1)  CASA must cause each investigator to be issued with an identity card in a form approved by CASA and bearing a recent photograph of the investigator. (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. Any time limit for making such an application does not apply if this subsection applies. 32AM  Compensation for acquisition of property, (a)  apart from this section, the operation of this Part would result in the acquisition of property from a person otherwise than on just terms; and. CIVIL AVIATION REGULATIONS 1988 - made under the Civil Aviation Act 1988 TABLE OF PROVISIONS PART 1--PRELIMINARY 1. 30B  Variation and termination of exclusion order. prescribed offence means an offence prescribed under section 30DT. (b)  allow the holder to show cause, within such reasonable time as CASA specifies in the notice (not more than 28 days), why the authorisation should not be varied, suspended or cancelled. This Act grants the FAA sole responsibility for the nation's civil-military system of air navigation and air traffic … S584) (q), Corporate Law Economic Reform Program Act 1999, Schedule 10 (item 69): 13 Mar 2000 (see Gazette 2000, No. 5, 1994; No. = added or inserted    am. (2)  A person acting as the Director is to be paid such remuneration and allowances as the Minister determines. The holder of an AOC must comply with all requirements of this Act, the regulations and the Civil Aviation Orders that apply to the holder. 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, … Items 29 and 30 are taken to have commenced immediately after the commencement of section 3 of the Civil Aviation Legislation Amendment Act 1995. (2)  In subsection (1A), employed in private operations has the same meaning as it has in the regulations. Name of Regulations 2. 32AE  Offence powers—exercised with consent. 1 Short title. by 16, 1998, Sch. 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. (2A)  A person must not carry or consign for carriage any dangerous goods on board an aircraft, except: (2B)  An offence under subsection (2A) is an offence of strict liability. Status: … See subsection 13.3(3) of the Criminal Code. (2)  A person must not consign for carriage any cargo on board an aircraft, in circumstances in which regulations made for the purposes of subsection (1) require a statement to be made, unless: (b)  the person responsible for delivery of the cargo has been given; a statement that complies with the regulations made for the purposes of that subsection. The Civil Aviation Act 1949. (1)  Where CASA has reason to believe that the holder of a civil aviation authorisation has engaged in, is engaging in, or is likely to engage in, conduct that contravenes section 30DB, CASA may suspend the authorisation by giving written notice to the holder. 2) 1992, Ss. Section 30DO does not apply to a reportable contravention by the holder of a civil aviation authorisation if, in the 5 years ending on the date of the contravention: (a)  CASA was required by that section to disregard another reportable contravention by the same holder; or. (c)  are reasonably required by CASA to properly consider the application. the period determined by the Court in relation to an order under subsection 30DE(4) (the original period). (1)  CASA may make a decision under section 30DC in relation to a civil aviation authorisation even if CASA has given the holder of the authorisation the show cause notice required before making a decision under another provision of this Act or the regulations. No. (5)  Where an investigator completes a form of warrant, the investigator must, not later than the day after: (a)  the day on which the warrant ceases to have effect; or. (4)  Where CASA may provide a service, CASA may do so: (b)  in co-operation with another person (including the Commonwealth); or. 12B  Minister may direct CASA to give documents and information to nominee. (2)  The amendments made by items 14, 15 and 19 of Schedule 1 to this Act apply to applications determined after the time at which those items commenced. aeronautical product means any part or material that is, or is intended by its manufacturer to be, a part of or used in an aircraft, unless excluded by the regulations. The holder of a civil aviation authorisation must not engage in conduct that constitutes, contributes to or results in a serious and imminent risk to air safety. 12A  Minister may give CASA notices about its strategic direction etc. Summary. Note:          This subsection may require CASA to endorse a document already issued to the person. The CAA and Airspace Act 2007 fall under the responsibility of the Minister for Infrastructure and Regional Development. Note:          Some references to Australian aircraft may be affected by the operation of section 4A. (a)  a refusal to grant or issue, or a cancellation, suspension or variation of, a certificate, permission, permit or licence granted or issued under this Act or the regulations; or, (b)  the imposition or variation of a condition, or the cancellation, suspension or variation of an authorisation, contained in such a certificate, permission, permit or licence; or. 7. (d)  the Court considers that it is in the interests of air navigation safety for the person to be excluded from that activity; the Court may order that the person is to be excluded from that activity for the period specified in the order (in this section called the exclusion period). S. 50......................................... Ss. (d)  any other matters necessary or incidental to the establishment or operation of a scheme in accordance with subsection (1). Contracting State means a foreign country that is a party to the Chicago Convention. Interference with aeronautical facilities............................................ 20, 22.......... Interception etc. (d)     Subsection 2(5) of the Transport Legislation Amendment Act 1991 provides as follows: (5)   Paragraphs 18(a) and (c) and section 22 are taken to have commenced immediately before 1 April 1991. (b)  an 83 bis agreement to which Australia is a party has been amended; CASA must, as soon as practicable, publish a Gazette notice setting out particulars of the agreement or amendment. 3, 13, 14, 20 and 21: 10 Dec 1991 (see s. 2(3) and Gazette 1991, No. This compilation was prepared on 8 July 2005taking into account amendments up to Act No. (b)  do any act that threatens the safety of the aircraft or of persons on board the aircraft. Investigation of accidents 5. 86, 2005. 32AJ  Power to require persons to answer questions and produce documents. 32AK  Powers in relation to aircraft etc. 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. 12D  CASA must report to the Minister as required. (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. (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. 14, 1997. AOC means an Air Operator’s Certificate issued under Division 2 of Part III. (b)  before the holder was given the show cause notice for the proposed decision. (4)  A failure to comply with subsection (3) in relation to a decision does not affect the validity of the decision. The review is an important part of keeping Australia’s aviation regulatory framework up-to-date. For subsequent information see Table A. S387). 46  CASA to be paid money appropriated by Parliament. (b)  the holder proves to CASA, in accordance with section 30DP, that the holder reported the contravention to the prescribed person: (i)  within 10 days after the contravention; and. 82, 1995 (as am. corporate plan means a corporate plan prepared by the Director under subsection 44(1). (c)  in the circumstances of the case, the public interest in the proper determination of that material question of fact outweighs: (i)  the public interest in protecting the privacy of members of crews of aircraft; and. (b)  suitable buildings, having regard to the nature of those operations, at each aerodrome where members of the holder’s operating crews are based. 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