civil aviation act 1988on January 12, 2021 at 1:05 pm
Civil Aviation Act 1988. ²ìq]˜ˆê†cß±jLÆfÎA€kEè«hJrŸ?qùäLy& …’€Ü”÷ĞNµU3P”¿ô£�”“‚»1u6 ~ÇúæŞ�ğ%Ã.»¦şÌÆıy CASA is not subject to taxation under any law of a State or Territory. 86, 2005. 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. (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. (b) that the flight be conducted in accordance with conditions specified by CASA. Civil Aviation Orders means the orders made under subsection 98(4A) or referred to in subsection 98(5). air route means the navigable airspace between two points and the terrain beneath such airspace identified, to the extent necessary, for application of flight rules. (1) A fee prescribed by regulations made under a provision of this Act is payable to CASA. (2) The amendments contained in items 15, 35 and 115 to 128 (inclusive) of the Schedule commence 28 days after the day on which this Act receives the Royal Assent. (a) authorise an investigator named in the warrant, with such assistance and by such force as is necessary and reasonable: (ii) to search the premises for the thing; and, (iii) if the thing is found—to seize it; and, (c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and, 32AG Warrants may be granted by telephone. (3) Where a magistrate to whom an application under this section is made is satisfied: (a) after having considered the terms of the information prepared under subsection (2); and. No. There are changes that may be brought into force at a future date. 3 [items 7, 8])S. 19(1) (am. However, if Part 3 does not commence by Proclamation within the period of 6 months beginning on the day on which this Act receives the Royal Assent, then it commences on the first day after the end of that period. (4) An owner, operator, hirer (other than the Crown) or pilot of an Australian aircraft must not commence a flight in the aircraft, or permit a flight in the aircraft to commence, if one or more of the following apply: (a) there is outstanding a requirement imposed by or under the regulations in relation to the maintenance of the aircraft; (b) the aircraft will require maintenance before the flight can end; (c) there is a defect or damage that may endanger the safety of the aircraft or any person or property; 20AB Flying aircraft without licence etc. The following Commonwealth acts and regulations are relevant to Airservices Australia in the performance of its functions. (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. (7) The terms and conditions determined by the Board in relation to the Director under section 12C of the Remuneration Tribunal Act 1973 continue in effect after the commencement of item 28 as if the terms and conditions had been determined by the Minister. 28BAA Certain conditions for grant of AOC also have effect as ongoing conditions on the AOC. installation includes any electrical or other equipment or any structure. (2) In performing its functions, CASA must act in accordance with notices given under subsection (1). (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. (2) Subsection (1) does not apply to anything done: (a) as provided by subsection 14(1) of the Air Navigation Act 1920; (b) in accordance with an international airline licence issued under regulations made under that Act; (c) in accordance with a permission given under subsection 25(3) and any conditions specified in the permission; or, Division 2—Air Operators’ Certificates (AOCs). 1995, Civil Aviation Act 1988 and Civil Aviation Regulations Australian Govt. (b) disregarding the amendments made by items 28 and 29 of Schedule 1, was validly charged; is taken to have been agreed between the external service provider and the person. Part 5 of the Schedule commenced on 30 August 1995 (see Gazette 1995, No. (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. 82, 1995; No. (2) Nothing in this Act renders the Crown liable to be prosecuted for an offence, but this subsection does not prevent the prosecution of: (a) a member of the crew of an aircraft owned by the Crown; or. (1A) Without limiting subsection (1), a direction under that subsection may require CASA to consult: (a) in the manner specified by the Minister; and, (b) about matters specified by the Minister; and. (4) Where CASA may provide a service, CASA may do so: (b) in co-operation with another person (including the Commonwealth); or. (1) The Director holds office during the Minister’s pleasure. mixed authority AOC means an AOC authorising: (a) the operation of a foreign registered aircraft on regulated domestic flights; and. 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. (3) This section has effect subject to the Remuneration Tribunal Act 1973. 152, 1997); No. 28BB CASA may impose and vary AOC conditions, (a) at the time of issuing an AOC, impose conditions by specifying them in the AOC; and. Section 17 was not proclaimed and is therefore repealed. (2) Any defence established under subsection (1) need only be established on the balance of probabilities. (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. (1) The Minister may give CASA written directions as to the performance of its functions or the exercise of its powers. (b) the effects associated with the operation and use of aircraft. (2) A person is guilty of an offence if: (a) the person discloses information to any person or to a court; and. 8, 2000, Subdiv. the end of the fifth business day after the order ceased to be in force. Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code). Status: … Civil Aviation (Amendment) Act 1996 . (4) Section 27AD applies to an application under this section in the same way that section 27AD applies to an application for an AOC. 3) 1992, S. 21: Royal Assent (i) S. 22: 15 June 1988 (i) S. 23: 1 July 1988 (i), Transport and Communications Legislation Amendment Act (No. Council means the Council of the International Civil Aviation Organization. (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. 6, 1989; No. (b) a copy or transcript of the whole or any part of a CVR; or. No. 82, 1995; No. air route and airway facilities means facilities provided to permit safe navigation of aircraft within the airspace of air routes and airways, including: (a) visual and non-visual aids along the air routes and airways; (b) visual and non-visual aids to approach and landing at aerodromes; (e) air traffic control services and facilities; and. (2) If CASA and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from CASA of such reasonable amount of compensation as the court determines. Note: This subsection may require CASA to endorse a document already issued to the person. The review is an important part of keeping Australia’s aviation regulatory framework up-to-date. (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. (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 safety rules; and. = amended rep. = repealed rs. (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. (3B) Nothing in this Act (including, in particular, subsection 9(1), subsection 13(4) and section 94) is to be taken to prevent regulations being made which provide for the delegation of: (a) a function conferred on CASA under subsection 9(1); or. (u) Subsection 2(1) (item 2) of the Aviation Security Amendment Act 2004 provides as follows: (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. (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. No. I, LEROY ALLEN KEITH, Director of Aviation Safety: revoke exemption number CASA 23/1996; and (b) that is not undertaken as part of a flight into or out of Australian territory. B of Div. Changes that have been made appear in the content and are referenced with annotations. (2B) An AOC may be issued only to a natural person or to a body having legal personality. Those services may include conducting safety regulation in relation to foreign registered aircraft under the law of a foreign country. 67, 68 ................................ S. 69 ........................................ Ss. (2) In relation to proceedings against a crew member, the CVR information is not evidence for the purpose of the determination of the liability in the proceedings of the crew member. (b) impose or vary a condition relating to the authorisation of the operation of a foreign registered aircraft on regulated domestic flights that is contained in a mixed authority AOC; except to ensure that the aircraft’s operation, maintenance and airworthiness are of a standard that CASA considers necessary in the interests of the safety of air navigation. No. 1995, Civil Aviation Act 1988 and Civil Aviation Regulations Australian Govt. (2) An unpaid fee is a debt due to CASA and recoverable by CASA in a court of competent jurisdiction. In particular, the regulations may: (a) prescribe the time when fees are due for payment; and. Nothing in section 31A prevents CASA from suspending a civil aviation authorisation under section 30DC (suspension for contravening the serious and imminent risk prohibition). (2) The pilot in command of an aircraft that is in flight over the territory of a foreign country shall not operate the aircraft for a purpose that is prejudicial to the security or public order of, or to the safety of air navigation in relation to, the foreign country. (c) any information obtained from a CVR or any part of a CVR. (2) The original Civil Aviation Safety Regulations, as purportedly amended up to the commencement of this Schedule, have effect on and after the commencement of this Schedule as if the amendment made by item 1 of this Schedule had been in force during the period: (a) starting immediately before the time when the original Civil Aviation Safety Regulations purported to commence; and. (1) CASA is to have a Director of Aviation Safety, who is to be appointed by the Minister after receiving a report from the Secretary of the Department. Part II—Establishment, functions etc. (3) The holder must keep the contents of the reference library up-to-date and in a readily accessible form. (2) Before making the application, the investigator must: (a) take reasonable steps to discover who has an interest in the retention of the thing; and. (2A) The Director holds office on a full-time basis. (5) The plan must also cover any other matters required by the Minister, which may include further details about the matters in subsection (4). (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. (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. (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. Contracting State means a foreign country that is a party to the Chicago Convention. (1) The Minister must respond to a corporate plan within 60 days of being given the plan. S. 27 ................................... am. (c) with bodies and organisations specified by the Minister. When a New Zealand AOC with ANZA privileges is in force for Australia 3A. S. 50......................................... Ss. (1) An authority called the Civil Aviation Safety Authority is established by this subsection. 143, 2001). This Act extends to all the external Territories. (3) If a holder of an AOC makes a request in writing to CASA for the revocation of the AOC, CASA must cancel the AOC. (5) An officer exercising powers under subsection (4) shall produce identification in writing if requested to do so. (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. 3) 1995, S. 4: 1 July 1995 Remainder: Royal Assent, Schedule 2 (items 29, 30): (n) Schedule 2 (item 28): (n), Transport Legislation Amendment (Search and Rescue Service) Act 1997, Schedule 2 (item 621): 1 Jan 1998 (see Gazette 1997, No. airway means a designated path in an air route identified by an area of specified width on the surface of the earth. (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. 101, 1991; No. 130, 1997; No. 55, 1988; No. (5) This section does not affect the application of section 28 of the Commonwealth Authorities and Companies Act 1997 in relation to CASA. (5) The court may direct that CVR information, or any information obtained from the CVR information, must not: (a) be published or communicated to any person; or. What does ACT stand for? court includes any tribunal, authority, person or body that has power to require the production of documents or answering of questions, but does not include a Royal Commission, the Parliament or either House of the Parliament. (e) that the applicant has given CASA a copy of either: (i) the certificate of airworthiness of the aircraft; or. (a) the Convention on International Civil Aviation done at Chicago on 7 December 1944, whose English text is set out in Schedule 1 to the Air Navigation Act 1920; (b) the Protocols amending that Convention, being the Protocols referred to in subsection 3A(2) of that Act, whose English texts are set out in Schedules to that Act; and. (4) In this section, flight time has the same meaning as in the regulations. (e) disclosure to a court in damages proceedings where the court makes a public interest order under subsection (4) in relation to the CVR information. (3) In deciding under subsection (2), the Federal Court must have regard to section 3A and subsection 9A(1). by 11, 1991, s. 45), Transport and Communications Legislation Amendment Act 1990, Ss. The Public Records Act 1958. (c) a decision under subsection 30EF(3) (about reinstating a civil aviation authorisation that has been suspended or cancelled under Division 3D); (d) a suspension of a civil aviation authorisation under section 30DC (suspension for contravening the serious and imminent risk prohibition); or. (ii) which the regulations declare to be dangerous goods. This Act may be cited as the Civil Aviation (Carriers’ Liability) Act 1964.. 2 Interpretation (1) In this Act— applied provisions means the provisions of the Commonwealth Act and the Commonwealth Regulations as they apply under this Act as laws of the State. 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). (3) Subsection (2) does not apply if the person has a reasonable excuse. 8, 2002. (b) that the servant or agent had the state of mind. 25, 1990; No. 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. (1) Where, because of circumstances of urgency, an investigator thinks it necessary to do so, the investigator may apply for a warrant under section 32AF by telephone, in accordance with this section. (3) If such an application is made, the court must examine the CVR information and if the court is satisfied that: (a) a material question of fact in the proceedings will not be able to be properly determined from other evidence available to the court; and, (b) the CVR information or part of the CVR information, if admitted in evidence in the proceedings, will assist in the proper determination of that material question of fact; and. [„êBQeMj¡ä_¯‘ÛX„. (1) In exercising its powers and performing its functions, CASA must regard the safety of air navigation as the most important consideration. se period, 30DJ When a suspension under section 30DC ends, Division 3B—Enforceable voluntary undertakings, Division 3C—Protection from administrative action for voluntary reporting, 30DO Protection for reporting a reportable contravention, 30DT Regulations may prescribe offences that the demerit points scheme applies to, 30DU Classes of civil aviation authorisations, 30DX Demerit points are incurred in relation to a class of authorisations, 30DY First‑time demerit suspension notice, 30DZ Second‑time demerit suspension notice, 30EA Details in a demerit suspension notice, 30EB Suspension period not to be served concurrently, 30ED Details in a demerit cancellation notice, 30EF CASA may reinstate if satisfied that holder’s livelihood depends on authorisation, 30EG CASA must maintain a demerit points register, 30EI Demerit points incurred to be included in register, 30EJ Expired points to be removed from register, 31A Automatic stay of certain reviewable decisions, 31B Stay ends if application is withdrawn, 31C Tribunal’s ordinary powers not affected, 31D CASA may still suspend for a serious and operate, in relation to an aerodrome, includes manage, maintain and improve the aerodrome. of CASA, 11 Functions to be performed in accordance with international agreements. 30EJ Expired points to be removed from register. Discovery of evidence...................................................................... 71, 32AHA. Note: Some references to Australian aircraft may be affected by the operation of section 4A. (b) with the written permission of CASA and in accordance with any conditions specified in the permission. (f) flight service services and facilities. (3) The exclusion period may be indefinite. (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. The Civil Aviation Act 1988 received the Royal Assent on 15 June 1988. 12A Minister may give CASA notices about its strategic direction etc. (6) If a person is prohibited by this section from disclosing CVR information, then: (a) the person cannot be required by a court to disclose the information; and. 32AP Copying or disclosing CVR information. (p) The Civil Aviation Act 1988 was amended by Schedule 2 only of the Civil Aviation Legislation Amendment Act 1998, subsections 2(1) and (2) of which provide as follows: (2) Item 2 of Schedule 2 is taken to have commenced on 6 July 1995, immediately after the commencement of item 77 of Schedule 1 to the Civil Aviation Legislation Amendment Act 1995. 63, 64 ................................ S. 65 ........................................ S. 66 ........................................ am. (2C) 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 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: (3) The financial position of the holder of the AOC is one of the matters that CASA may take into account in forming a view for the purposes of subsection (1), paragraph (1A)(a), subsection (2) and paragraph (2A)(a). (ii) anything referred to in paragraph (c) or (e). the end of the fifth business day after the last day of the period specified in the show cause notice. (1) This section applies to a decision under this Act or the regulations that is reviewable by the Administrative Appeals Tribunal if, before making the decision, CASA was required by this Act or the regulations to give a show cause notice to the holder of the civil aviation authorisation concerned. No. An application for an AOC must be in a form approved by CASA. 32AHA Magistrate may permit a thing to be retained. 30ED Details in a demerit cancellation notice. 32AK Powers in relation to aircraft etc. (7) The term of an AOC shall be as determined by CASA. (i) The Civil Aviation Act 1988 was amended by sections 21–23 only of the Transport and Communications Legislation Amendment Act (No. (e) a suspension or cancellation of a civil aviation authorisation under Division 3D (the demerit points scheme). Flying without satisfying safety requirements. ~ Civil Aviation Amendment Act 1982 Elizabeth Ii 1982 Chapter 1 ~ Uploaded By Seiichi Morimura, civil aviation amendment act 1982 elizabeth ii 1982 chapter 1 nov 24 2020 posted by el james publishing text id d61ce6b1 online pdf ebook epub library 1 june 2002 an act to establish a civil aviation safety authority with functions relating CIVIL AVIATION ACT 1988 - SECT 9 CASA's functions (1) CASA has the function of conducting the safety regulation of the following, in accordance with this Act and the regulations: (a) civil air operations in Australian territory; (b) the operation of Australian aircraft outside Australian territory; (ba) ANZA activities in New Zealand authorised by Australian AOCs with ANZA privileges; (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). key personnel means the people (however they are described) that hold, or carry out the duties of, the following positions in the applicant’s organisation: (b) the head of the flying operations part of the organisation; (c) the head of the aircraft airworthiness and maintenance control part (if any) of the organisation; (d) the head of the training and checking part (if any) of the organisation; (e) any other position prescribed by the regulations. 54A..................................... 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