s 11(1) and 17: 15 June 1988 (s 2(3)) civil aviation authorisation includes an AOC. Contracting State means a foreign country that is a party to the Chicago Convention. (1) A function or power conferred on a magistrate by this Part is conferred on the magistrate: (b) not as a court or a member of a court. (b) a person authorised by the foreign country to give directions to aircraft flying over the territory of the foreign country. (a) impose or vary a condition of an AOC that: (ii) authorises the operation of a foreign registered aircraft on regulated domestic flights; or. (2) A person who stops being an investigator must, as soon as practicable, return his or her identity card to CASA. (b) instead of complying with those requirements, or such of them as are identified in the notice. Note: The Director may be reappointed: see section 33AA of the Acts Interpretation Act 1901. (3) The Deputy Chair may resign his or her appointment as the Deputy Chair without resigning his or her appointment as a Board member. (7) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory. (c) evidence relating to the authority or authorities responsible for: (i) the safety oversight of the applicant’s operations; and, (ii) the registration, certification and airworthiness of aircraft used by the applicant in its operations or to be used under the AOC sought; and. (6) The investigator must give notice of the application to the occupier of the premises, and the occupier is entitled to be heard in relation to the application. Item 70 amends the cooperation function in the Civil Aviation Act 1988. Australian Airspace Policy Statement means the statement made under subsection 8(1) of the Airspace Act 2007. This is a compilation of the Civil Aviation Act 1988 that shows the text of (2A) CASA must not suspend or cancel an AOC of the kind to which paragraph (2)(a) applies or an authorisation of the kind to which paragraph (2)(b) applies except: (a) to ensure compliance with the provisions of this Act, the regulations, and the Civil Aviation Orders, relating to safety; or. The effect of uncommenced amendments is not shown in the text of the compiled law. A person is not entitled to take any disciplinary action against a crew member on the basis of CVR information. 3) 1995, Sch 2 (item 28): 2 Oct 1997 (s 2(2)) (b) with the written consent of the occupier of the premises. (4B) An order issued under subsection (4A) is a legislative instrument. (b) if the occupier of the premises agrees in writing—copy the data to a disk, tape or other associated device at the premises; (a) the investigator or the person assisting him or her takes the device from the premises; and. 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. Compensation for damage to electronic equipment......................... 102, 32AHL.. (3) Where the person making a reviewable decision gives to the person whose interests are affected by the decision notice in writing of the decision, the notice shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal, by or on behalf of any person whose interests are affected by the decision, for review of the decision. 28BB..... CASA may impose and vary AOC conditions................................. 28BC..... Limits on CASA’s powers in relation to suspension, cancellation and AOC conditions. For more information on any uncommenced amendments, see the series page on the Legislation Register for the 30EB Suspension period not to be served concurrently. (d) the recording is not an on‑board recording for the purposes of the, (aa) copying or disclosure that is necessary, (a) copying or disclosure for the purposes of an investigation under the, Note: A defendant bears an evidential burden in relation to a matter in subsection (3). (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. Note: Section 11J of the Civil Aviation Act 1990 of New Zealand obliges the Director of CAA New Zealand to consider what action to take in response to a notice under this subsection. Remainder: 20 June 1990 (s 2(1) and gaz 1990, No S154), s 9(2), 11(2), 16(2), 18(2), 40, 41(2), 42(2), (3) and 44(2), Transport and Communications Legislation Amendment Act 1990, s 10, 11, 13-15 and 19: 21 Jan 1991 (s 2(1)) Sections 35 to 38 do not, by implication, limit section 34. (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 an employee or agent of the person within the scope of his or her actual or apparent authority; and. (4) The appointment of a person as Director is not invalid because of a defect or irregularity in connection with the person’s appointment. There are currently two separate schemes for voluntary confidential reporting: the REPCON aviation scheme under the Air Navigation (Confidential Reporting) Regulations 2006 and the REPCON marine scheme under … Compilation date: 17 November 2016, Includes amendments up to: Act No. (5) If the Minister’s response includes a direction to vary the corporate plan, the Board must prepare a revised plan and give it to the Minister for the Minister’s approval within 28 days of being given the response. 108, 32AMA Making false statements in warrants............................................... 108, 32AMB. SCHEDULE 1 – AMENDMENT OF THE CIVIL AVIATION ACT 1988. Retention of seized things............................................................... 32AHO. (1C) To the extent that an AOC, or an authorisation contained in a mixed authority AOC, authorises carriage by air that is not covered by Part IA, II, III or IV of the Civil Aviation (Carriers’ Liability) Act 1959, CASA does not have power to suspend or cancel the AOC or authorisation because of a breach of the condition that section 28BI is complied with unless the holder of the AOC is a constitutional corporation. of the Minister, 97AB Charging of fees by external service providers, 97A Conduct by directors, employees and agents. (b) prescribe penalties for late payment of fees. (h) if the aircraft is leased—that the applicant for the AOC has given CASA a description of the lease provisions. _____ Words underlined with a solid line indicate insertions in existing regulations. (ii) an Australian AOC with ANZA privileges authorising the operation of a foreign registered aircraft, other than an aircraft registered in New Zealand, on regulated domestic flights; CASA is also satisfied that the additional conditions in section 28A are satisfied; and, (d) CASA is satisfied that the person does not hold a New Zealand AOC with ANZA privileges that covers all or any of the AOC operations; and. June 14 Telecommunications (Interception and Access) Amendment Bill 2007 introduced. (6) CASA must not suspend or cancel a permission granted under this section, except: (a) if the condition referred to in paragraph (4)(a) is breached; or, Division 1A—General provisions about mutual recognition under the ANZA mutual recognition agreements, 26A Guide to how this Act deals with mutual recognition between Australia and New Zealand. (b) the equipment can be operated without damaging it. Offence for giving unexecuted form of warrant.............................. 109, Division 4—Miscellaneous 110, 32AMF. (1) The investigator executing the warrant or a person assisting him or her may take photographs or video recordings of the premises or things on the premises: (a) for a purpose incidental to the execution of the warrant; or. 1) 2015, Sch 2 (items 7-9) and Sch 7: 14 Apr 2015 (s 2), Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015, Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2), Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2), Sch 3 (items 55-60): 25 Mar 2015 (s 2(1) item 10), Customs and Other Legislation Amendment (Australian Border Force) Act 2015, Sch 5 (items 22, 23) and Sch 9: 1 July 2015 (s 2(1) items 2, 7), Australian Border Force Amendment (Protected Information) Act 2017, Sch 1 (item 26): 1 July 2015 (s 2(1) item 2), Norfolk Island Legislation Amendment Act 2015, Sch 2 (item 92): 1 July 2016 (s 2(1) item 5) (1) A person must not perform any duty that is essential to the operation of an Australian aircraft during flight time unless: (a) the person holds a civil aviation authorisation that is in force and authorises the person to perform that duty; or. (8) Where, in any proceedings, the court must be satisfied that an entry, search, seizure, or other exercise of power, was authorised under this section, and the warrant signed by a magistrate under this section authorising the entry, search, seizure, or other exercise of power, is not produced in evidence, the court must assume, unless the contrary is proved, that the entry, search, seizure, or other exercise of power, was not authorised by such a warrant. (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. (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. means the people (however they are described) that hold, or carry out the duties of, the following positions in the applicant’s organisation: Additional conditions for issue of AOC in relation to certain foreign registered aircraft, (ii) if, when the application for the AOC is made, the aircraft is operating in another country under an air operator’s certificate, or a document to substantially the same effect, issued by the authority responsible for regulating civil aviation in that other country (a. , 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. (b) the person is authorised by or under the regulations to perform that duty without the civil aviation authorisation concerned. (3) This section has effect subject to the Remuneration Tribunal Act 1973. 12B Minister may direct CASA to give documents and information to nominee. (4) If the fee is unpaid, it is a debt due to the external service provider and is recoverable in a court of competent jurisdiction. (4) A failure to comply with subsection (3) in relation to a decision does not affect the validity of the decision. (2) A person must not carry or consign for carriage any cargo on board an aircraft unless each person who: (a) handles, or is involved in the handling of, the cargo for or on behalf of the first‑mentioned person; and. Monitoring warrants......................................................................... 32AF..... Offence related warrants................................................................... 32AG.... Warrants may be granted by telephone.............................................. 32AH.... Seizures related to civil aviation offences.......................................... 32AHA. 32AMC Offence for unauthorised form of warrant, (a) the person states a matter in a form of warrant under section 32AG; and. (b) it is practicable to notify the occupier of the other premises that the data has been accessed under a warrant; the investigator executing the warrant must: (d) if the investigator has arranged, or intends to arrange, for continued access to the data under subsection 32AHG(2) or (5)—include that information in the notification. (b) possession of the document, film, computer file, thing or information by the occupier could constitute an offence. 27AE Application for foreign aircraft AOC. (4) If directing a variation of the corporate plan, the Minister must consider: (a) the objectives and policies of the Commonwealth Government; and. 12B....... Minister may direct CASA to give documents and information to nominee. AOC operations means the operations covered by the application. (a) in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by CASA in, or in connection with, the performance of its functions or the exercise of its powers; and. (1) A magistrate may, on application made by an investigator, make an order under this section in respect of a thing seized, as allowed by a warrant or section 32AH, if proceedings in respect of which the thing may afford evidence have not commenced, or there is a reasonable likelihood that such proceedings will not commence, by the later of the following times: (a) the end of 60 days after the seizure; (b) if a previous order has been made under this section in respect of the thing—the end of the period specified in the previous order. 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) the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted; the person is not liable to be punished by imprisonment for that offence. 28BE Duty to exercise care and diligence. means civil proceedings for damages in respect of personal injury, death or damage to property. 27AD CASA may require proving flights etc. Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013. 20 days into the section 30DY suspension, the Administrative Appeals Tribunal reviews the other suspension and upholds it. CVR or cockpit voice recording has the meaning given by section 32AO. (5AA) An instrument issued under paragraph (5A)(a) is a legislative instrument if the instrument is expressed to apply in relation to: Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act). testable drug means a drug specified in an instrument under subsection (2). (7) The term of an AOC shall be as determined by CASA. (2) The magistrate may grant the order if he or she is satisfied that: (a) there are reasonable grounds for suspecting that evidential material is held in, or is accessible from, the computer; and, (i) in the case of a warrant—reasonably suspected of having committed the offence stated in the warrant; or, (ii) the owner or lessee of the computer; or, (iii) an employee of the owner or lessee of the computer; and. 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