Commonwealth Consolidated Acts Commonwealth Consolidated ActsAct No. 63 of 1988 as amended
This compilation was prepared on 3 June 2009
taking into account amendments up to Act No. 33 of 2009
The text of any of those
amendments not in force
on that date is appended in the Notes section
The operation of
amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of
Legislative Drafting and Publishing
,
Attorney‑General's Department,
Canberra
Contents
Part I--Preliminary 1
1............ Short title [see Note 1] ....................................................................... 1
2............ Commencement [see Note 1] .............................................................. 1
3............ Interpretation ...................................................................................... 1
3AA...... When a New Zealand AOC with ANZA privileges is in force for Australia 10
3A......... Main object of this Act .................................................................... 10
4............ Application to state aircraft ............................................................. 10
4A......... Application to aircraft subject to 83 bis agreements ........................ 10
5............ Act to bind Crown ............................................................................ 12
6............ Extension to external Territories ....................................................... 12
7............ Extra‑territorial application .............................................................. 12
7A......... Application of the Criminal Code .................................................... 13
Part II--Establishment, functions etc. of CASA 14
8............ Establishment of CASA ................................................................... 14
9............ CASA's functions ............................................................................ 14
9A......... Performance of functions .................................................................. 16
11.......... Functions to be performed in accordance with international agreements 16
11A....... Compliance with Australian Airspace Policy Statement ................. 17
12.......... Directions ......................................................................................... 17
12A....... Minister may give CASA notices about its strategic direction etc. .. 17
12B....... Minister may direct CASA to give documents and information to nominee 18
12C....... Director and Minister may enter into agreements about the performance of CASA's functions etc. 18
12D....... CASA must report to the Minister as required ................................ 19
13.......... CASA's powers ............................................................................... 19
16.......... Consultation ..................................................................................... 19
Part III--Regulation of civil aviation 21
Division 1--General regulatory provisions 21
19.......... Civil Air Ensign ................................................................................ 21
20AA.... Flying unregistered aircraft etc. ........................................................ 21
20AB.... Flying aircraft without licence etc. ................................................... 22
20AC.... Purported issue of authorisation ...................................................... 23
20.......... Defence aerodromes .......................................................................... 23
20A....... Reckless operation of aircraft ........................................................... 24
21.......... Interference with aeronautical facilities ............................................ 24
22.......... Interception etc. of aircraft ............................................................... 26
23.......... Dangerous goods ............................................................................... 27
23A....... Statements of the contents of cargo .................................................. 29
23B....... Training relating to dangerous goods ................................................ 30
24.......... Interference with crew or aircraft ..................................................... 30
25.......... Non‑scheduled flights by foreign registered aircraft ......................... 31
26.......... Aircraft on international flights to have permission ......................... 32
Division 1A--General provisions about mutual recognition under the ANZA mutual recognition agreements 34
26A....... Guide to how this Act deals with mutual recognition between Australia and New Zealand 34
26B....... Disclosure of information by CASA to the Director of CAA New Zealand 35
26C....... Obligation to consult Director of CAA New Zealand before taking certain actions 36
26D....... Delegation of Australian powers to employees of CAA New Zealand 36
26E........ Delegation of New Zealand powers and functions to CASA officers 36
Division 2--Air Operators' Certificates (AOCs) 37
Subdivision A--General 37
27.......... AOCs ................................................................................................ 37
Subdivision B--Application for AOC 38
27AA.... Application in approved form .......................................................... 38
27AB.... Lodgment of manuals ........................................................................ 38
27AC.... CASA may require information etc. and inspections etc. ................ 39
27AD.... CASA may require proving flights etc. ............................................ 40
27AE..... Application for foreign aircraft AOC ............................................... 40
27AF..... CASA not required to consider application until requirements complied with 41
Subdivision C--Operation of a foreign registered aircraft without AOC 42
27A....... Permission for operation of foreign registered aircraft without AOC 42
Subdivision D--Issue of AOCs 43
28.......... CASA must issue AOC if satisfied about certain matters ............... 43
28A....... Additional conditions for issue of AOC in relation to certain foreign registered aircraft 45
28B....... Additional conditions for issue of an Australian AOC with ANZA privileges 46
Subdivision E--Conditions of AOC 47
28BA.... General conditions ............................................................................ 47
28BAA. Certain conditions for grant of AOC also have effect as ongoing conditions on the AOC 48
28BB..... CASA may impose and vary AOC conditions ................................ 49
28BC..... Limits on CASA's powers in relation to suspension, cancellation and AOC conditions 49
28BD.... Compliance with civil aviation law ................................................... 51
28BE..... Duty to exercise care and diligence ................................................... 52
28BF..... Organisation, personnel etc. ............................................................. 52
28BG.... Operations headquarters and suitable buildings ............................... 53
28BH.... Reference library ............................................................................... 53
28BI...... Personal injury liability insurance .................................................... 53
Subdivision F--Other provisions relating to Australian and New Zealand AOCs with ANZA privileges 54
28C....... Certain documents and information to be given to CASA by holder of New Zealand AOC with ANZA privileges .......................................................................................................... 54
28D....... Director's power to give an Australian temporary stop notice to holder of New Zealand AOC with ANZA privileges .......................................................................................................... 55
28E........ Revocation of an Australian temporary stop notice ........................ 56
28F........ CASA's obligation on receiving copy of a New Zealand temporary stop notice 56
28G....... Disapplying regulations that would otherwise apply to the holder of a New Zealand AOC with ANZA privileges .......................................................................................................... 57
Division 3--General offences in relation to aircraft 58
29.......... Offences in relation to aircraft .......................................................... 58
30.......... Weather etc. to be a defence ............................................................. 59
30A....... Court may impose exclusion period if offence committed ............... 59
30B....... Variation and termination of exclusion order .................................... 60
30C....... Court to give CASA details of exclusion orders ............................... 60
Division 3A--Serious and imminent risks to air safety 61
Subdivision A--Preliminary 61
30DA.... Engage in conduct ............................................................................. 61
Subdivision B--Suspension for contravening the serious and imminent risk prohibition 61
30DB.... Serious and imminent risk prohibition .............................................. 61
30DC.... Suspension ........................................................................................ 61
30DD.... CASA may suspend despite other processes .................................. 62
Subdivision C--Court order in relation to the serious and imminent risk prohibition 62
30DE..... Application for and making of order ................................................ 62
30DF..... Court may vary period of order ....................................................... 62
Subdivision D--Investigation and further action by CASA 64
30DG.... CASA must investigate circumstances giving rise to suspension decision 64
30DH.... CASA may give a show cause notice within 5 days after end of order 65
30DI...... CASA may vary, suspend or cancel an authorisation within 5 days after end of show cause period 65
30DJ..... When a suspension under section 30DC ends .................................. 66
Division 3B--Enforceable voluntary undertakings 67
30DK.... Enforceable voluntary undertakings ................................................. 67
Division 3C--Protection from administrative action for voluntary reporting 68
Subdivision A--Preliminary 68
30DL..... Definitions ........................................................................................ 68
30DM... Prescribed person ............................................................................. 69
30DN.... Voluntary reporting scheme ............................................................. 69
Subdivision B--Protection from administrative action 69
30DO.... Protection for reporting a reportable contravention ......................... 69
30DP..... Proof of report .................................................................................. 70
30DQ.... Only protected once every 5 years .................................................. 70
30DR.... Use of information ............................................................................ 71
Division 3D--Demerit points scheme 72
Subdivision A--Preliminary 72
30DS..... Definitions ........................................................................................ 72
30DT.... Regulations may prescribe offences that the demerit points scheme applies to 72
30DU.... Classes of civil aviation authorisations ............................................. 72
30DV.... Other regulations .............................................................................. 72
Subdivision B--Incurring demerit points 73
30DW... When demerit points are incurred ..................................................... 73
30DX.... Demerit points are incurred in relation to a class of authorisations . 73
Subdivision C--Consequences of incurring demerit points 73
30DY.... First‑time demerit suspension notice ............................................... 73
30DZ.... Second‑time demerit suspension notice ............................................ 74
30EA..... Details in a demerit suspension notice ............................................. 75
30EB..... Suspension period not to be served concurrently ............................ 76
30EC..... Demerit cancellation notice ............................................................... 76
30ED..... Details in a demerit cancellation notice ............................................. 77
30EE..... Expiry of demerit points .................................................................. 77
Subdivision D--Reinstatement of civil aviation authorisation in special circumstances 77
30EF..... CASA may reinstate if satisfied that holder's livelihood depends on authorisation 77
Subdivision E--Administration of the demerit points scheme 78
30EG..... CASA must maintain a demerit points register ................................ 78
30EH..... CASA may maintain other records ................................................... 78
30EI...... Demerit points incurred to be included in register ............................ 78
30EJ...... Expired points to be removed from register ..................................... 79
Division 4--Miscellaneous 80
31.......... Review of decisions .......................................................................... 80
31A....... Automatic stay of certain reviewable decisions ............................... 81
31B....... Stay ends if application is withdrawn .............................................. 81
31C....... Tribunal's ordinary powers not affected .......................................... 82
31D....... CASA may still suspend for a serious and imminent risk ................ 82
32.......... Powers and functions under State and Territory laws ..................... 82
Part IIIA--Investigation powers 83
Division 1--Appointment of investigators and issue of identity cards 83
32AA.... Appointment of investigators .......................................................... 83
32AB.... Identity cards .................................................................................... 83
Division 2--Powers of investigators 85
Subdivision A--Searches without a warrant 85
32AC.... Search with consent to monitor compliance ..................................... 85
32ACA. Search with consent for evidence in relation to civil aviation offences 85
32ACB.. Consent to enter premises ................................................................ 85
Subdivision B--Applying for and issuing a warrant 86
32AD.... Monitoring warrants ......................................................................... 86
32AF..... Offence related warrants ................................................................... 87
32AG.... Warrants may be granted by telephone ............................................ 88
32AH.... Seizures related to civil aviation offences ......................................... 89
Subdivision C--General provisions about executing a warrant 89
32AHA. Announcement before entry ............................................................. 89
32AHB. Assistance and force in executing a warrant ..................................... 90
32AHC. Copy of warrant to be shown to occupier etc. ................................. 90
32AHD. Occupier entitled to watch search .................................................... 90
32AHE.. Specific powers available to investigator executing a warrant .......... 91
32AHF.. Use of equipment to examine or process things ............................... 91
32AHG. Use of electronic equipment at premises without expert assistance 92
32AHH. Use of electronic equipment at premises with expert assistance ..... 94
32AHI... Person with knowledge of a computer or a computer system to assist access etc. 95
32AHJ.. Accessing data held on other premises--notification to occupier of those premises 95
32AHK. Compensation for damage to electronic equipment .......................... 96
32AHL.. Copies of seized things to be provided ............................................ 97
32AHM Receipts of things seized under warrant ........................................... 97
32AHN. Retention of seized things ................................................................ 97
32AHO. Magistrate may permit a thing to be retained ................................... 98
32AJ..... Power to require persons to answer questions and produce documents 99
32AK.... Powers in relation to aircraft etc. ...................................................... 99
32AL..... Destruction or disposal of certain goods ........................................ 100
32AM... Compensation for acquisition of property ..................................... 100
Division 3--Offences 102
32AMA Making false statements in warrants .............................................. 102
32AMB Offence for stating incorrect names in telephone warrants ............ 102
32AMC Offence for unauthorised form of warrant ...................................... 102
32AMD Offence for executing etc. an unauthorised form of warrant ........... 102
32AME. Offence for giving unexecuted form of warrant .............................. 103
Division 4--Miscellaneous 104
32AMF. Other laws about search and seizure not affected .......................... 104
32AMG Magistrates--personal capacity ..................................................... 104
Part IIIB--Protection of CVR (cockpit voice recording) information 105
32AN.... Definitions ...................................................................................... 105
32AO.... Definition of CVR or cockpit voice recording ................................ 106
32AP..... Copying or disclosing CVR information ........................................ 107
32AQ.... CVR information no ground for disciplinary action ....................... 108
32AR.... Admissibility of CVR information in criminal proceedings against crew members 108
32AS..... Admissibility of CVR information in civil proceedings ................. 109
32AT.... Examination by a court of CVR information under subsection 32AS(3) 109
32AU.... Where a court makes an order under subsection 32AS(3) .............. 110
Part IV--Drug and alcohol management plans and testing 111
Division 1--Definitions 111
33.......... Definitions ...................................................................................... 111
Division 2--Regulations 113
34.......... General regulation‑making power ................................................... 113
35.......... Drug and alcohol management plans ............................................... 113
36.......... Drug or alcohol tests ....................................................................... 114
37.......... Conferral of administrative powers ................................................ 116
38.......... Conferral of power to make legislative instruments ....................... 116
39.......... General regulation‑making power not limited ................................. 116
Part V--Corporate plan 117
44.......... Corporate plan ................................................................................ 117
45.......... Minister's response to corporate plan ........................................... 117
Part VI--Finance 119
46.......... CASA to be paid money appropriated by Parliament ................... 119
47.......... Application and investment of money ........................................... 119
49.......... Extra matters to be included in annual report ................................. 119
50.......... Taxation .......................................................................................... 120
Part VII--Director, staff and consultants 121
84.......... Appointment of Director ............................................................... 121
84A....... Duties of Director ........................................................................... 121
84B....... Functions of Director ..................................................................... 122
84C....... Application of the Commonwealth Authorities and Companies Act 1997 122
85.......... Director not to engage in other work .............................................. 122
86.......... Remuneration and allowances of Director ...................................... 122
87.......... Leave of absence ............................................................................. 123
88.......... Resignation ..................................................................................... 123
89.......... Director holds office during Minister's pleasure ............................ 123
90.......... Acting Director ............................................................................... 123
91.......... Staff of CASA ................................................................................ 124
92.......... Consultants ..................................................................................... 124
Part VIII--Miscellaneous 125
94.......... Delegation by the Director ............................................................. 125
94A....... Delegation by Minister ................................................................... 125
95A....... Delegation by Secretary of the Department ................................... 125
96.......... Tabling of directions, notices etc. of the Minister .......................... 125
97.......... Payment of prescribed fees ............................................................ 126
97AA.... Prescribed fees payable to CASA .................................................. 126
97AB.... Charging of fees by external service providers ............................... 126
97A....... Conduct by directors, servants and agents ..................................... 127
98.......... Regulations etc. ............................................................................... 129
Notes 137
Notes to
the
Civil Aviation Act 1988 Note 1 The Civil Aviation Act 1988 as shown in this
compilation comprises Act No. 63, 1988 amended as indicated in the Tables
below. All relevant information pertaining to application, saving or
transitional provisions prior to 7 March 2000 is not included in this
compilation. For subsequent information see
Table A. Table of Acts
|
Act |
Number |
Date |
Date of commencement |
Application, saving or transitional provisions |
|
63, 1988 |
15 June 1988 |
Part III (ss. |
|
|
|
Commonwealth Authorities Legislation (Pay‑roll Tax) Amendment Act 1988 |
55, 1988 |
15 June 1988 |
1 July 1988 |
-- |
|
6, 1989 |
16 Mar 1989 |
S. 8: (a) |
-- |
|
|
Lands Acquisition (Repeal and Consequential Provisions) Act 1989 |
21, 1989 |
20 Apr 1989 |
9 June 1989 (see s. 2 and Gazette 1989, No. S185) |
-- |
|
25, 1990 |
24 May 1990 |
Ss. 1, 2, 4, 5, 8, 9, 11, 12, 32, 47, 48 and 50: Royal
Assent |
Ss. 9(2), 11(2), 16(2), 18(2), 40, 41(2), 42(3) and
44(2) |
|
|
as amended by |
|
|
|
|
|
11, 1991 |
21 Jan 1991 |
S. 45: (b) |
-- |
|
|
11, 1991 |
21 Jan 1991 |
Ss. 10, 11, 13-15 and
19: Royal Assent (c) |
-- |
|
|
101, 1991 |
27 June 1991 |
Part 2 (ss. 4-6) and ss. 3, 13, 14, 20 and 21: 10 Dec 1991 (see s. 2(3) and Gazette 1991, No. S332) |
||
|
Transport and Communications Legislation Amendment Act 1991 |
173, 1991 |
25 Nov 1991 |
Ss. 10, 11(2), |
-- |
|
Transport and Communications Legislation Amendment Act (No. 2) 1992 |
71, 1992 |
26 June 1992 |
-- |
|
|
196, 1992 |
21 Dec 1992 |
Schedule (Part 1): 10 Mar 1993 (see Gazette 1993, No. GN17) (g) |
||
|
as amended by |
|
|
|
|
|
60, 1993 |
3 Nov 1993 |
10 Mar 1993 |
-- |
|
|
168, 1994 |
16 Dec 1994 |
-- |
||
|
Transport and Communications Legislation Amendment Act (No. 3) 1992 |
216, 1992 |
24 Dec 1992 |
S. 21: Royal Assent (i) |
-- |
|
Transport and Communications Legislation Amendment Act (No. 2) 1993 |
5, 1994 |
18 Jan 1994 |
Schedule (items 19, 24, |
|
|
82, 1995 |
30 June 1995 |
Schedule 1 (items 1-14, 16-152) and ss. 7-22:
6 July 1995 (see Gazette 1995, No. S270) (k) |
Ss. 8-17 |
|
|
as amended by |
|
|
|
|
|
152, 1997 |
24 Oct 1997 |
Schedule 3 (items 4, 6-8): 30 June 1995 (l) |
-- |
|
|
16, 1998 |
16 Apr 1998 |
Schedule 10 (items 65, 66): 16 Apr 1998 |
Sch. 10 (item 66) |
|
|
88, 1995 |
20 July 1995 |
S. 77: 6 Nov 1995 (see Gazette 1995, No. S423) (m) |
-- |
|
|
as amended by |
|
|
|
|
|
1, 1998 |
24 Mar 1998 |
Schedule 4: 6 Nov 1995 (ma) |
-- |
|
|
174, 1995 |
16 Dec 1995 |
-- |
||
|
43, 1996 |
25 Oct 1996 |
Schedule 2 (items 29, 30): (n) |
-- |
|
|
14, 1997 |
20 Mar 1997 |
20 Mar 1997 |
-- |
|
|
Transport Legislation Amendment (Search and Rescue Service) Act 1997 |
130, 1997 |
17 Sept 1997 |
1 Nov 1997 (see Gazette 1997, No. S438) |
-- |
|
152, 1997 |
24 Oct 1997 |
Schedule 2 (item 621): 1 Jan 1998 (see Gazette 1997, No. GN49) (o) |
-- |
|
|
1, 1998 |
24 Mar 1998 |
Schedule 2 (items 1, 3-11): Royal Assent
(p) |
-- |
|
|
as amended by |
|
|
|
|
|
63, 2002 |
3 July 2002 |
Schedule 2 (item 3): (pa) |
-- |
|
|
Public Employment (Consequential and Transitional) Amendment Act 1999 |
146, 1999 |
11 Nov 1999 |
Schedule 1 (item 292): 5 Dec 1999 (see Gazette 1999, No. S584) (q) |
-- |
|
156, 1999 |
24 Nov 1999 |
Schedule 10 (item 69): 13 Mar 2000 (see Gazette 2000, No. S114) (r) |
-- |
|
|
8, 2000 |
7 Mar 2000 |
Schedule 1 (items 2, 6, 12, 13, 16-18, 20-22,
|
S. 4 [see Table A] |
|
|
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 |
137, 2000 |
24 Nov 2000 |
Ss. 1-3 and Schedule 1 (items 1, 4, 6, 7,
9-11, 32): Royal Assent |
Sch. 2 (items |
|
Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2001 |
143, 2001 |
1 Oct 2001 |
2 Oct 2001 |
S. 4 [see Table A] |
|
Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2002 |
8, 2002 |
4 Apr 2002 |
5 Apr 2002 |
-- |
|
Transport Safety Investigation (Consequential Amendments) Act 2003 |
19, 2003 |
11 Apr 2003 |
Schedule 1 (items 4A, 5, 5A): (s) |
-- |
|
83, 2003 |
6 Sept 2003 |
Schedule 1 (items 1-3, 8-18): 6 Sept 2004 |
-- |
|
|
105, 2003 |
21 Oct 2003 |
Schedule 1 (items 2, 4, 5, 9, 14-17) and
Schedule 2 (item 1): (t) |
S. 4 [see Table A] |
|
|
149, 2004 |
14 Dec 2004 |
Schedule 1 (items 7-10): (u) |
Sch. 2 (item 3) [see Table A] |
|
|
86, 2005 |
6 July 2005 |
6 July 2005 |
Sch. 1 (items |
|
|
Civil Aviation Legislation Amendment (Mutual Recognition with New Zealand) Act 2006 |
102, 2006 |
16 Sept 2006 |
Schedule 1 (items 1-19, 21-28, |
-- |
|
Maritime Transport and Offshore Facilities Security Amendment (Security Plans and Other Measures) Act 2006 |
109, 2006 |
27 Sept 2006 |
Schedule 2 (items 17-22): |
-- |
|
39, 2007 |
30 Mar 2007 |
Schedules 1 and 3: 1 July 2007 (see s. 2(1)
and F2007L01854) |
-- |
|
|
Aviation Legislation Amendment (2007 Measures No. 1) Act 2007 |
131, 2007 |
20 Aug 2007 |
21 Aug 2007 |
-- |
|
Civil Aviation Legislation Amendment (1999 Montreal Convention and Other Measures) Act 2008 |
79, 2008 |
12 July 2008 |
Schedule 1 (items 14, 15): 24 Jan 2009 (see F2008L04662) |
-- |
|
Aviation Legislation Amendment (2008 Measures No. 1) Act 2008 |
86, 2008 |
20 Sept 2008 |
Schedule 1 (items 8-10): Royal Assent |
-- |
|
Aviation Legislation Amendment (International Airline Licences and Carriers' Liability Insurance) Act 2008 |
87, 2008 |
20 Sept 2008 |
Schedule 1 (item 25) and Schedule 2 (items 1-28,
48, 49(1)-(6), 50(1)): 20 Mar 2009 |
Sch. 2 (items 48, 49(1)-(6), 50(1), 53) [see Table A] |
|
Civil Aviation Amendment Act 2009 |
19, 2009 |
26 Mar 2009 |
Schedule 1 (items 1-25) and Schedule 3 (items
1-6): [see Note 2 and Table A] |
Sch. 1 (item 25), Sch. 2 (item 28) and Sch. 3 (items 28, 29) [see Table A] |
|
Transport Safety Investigation Amendment Act 2009 |
20, 2009 |
26 Mar 2009 |
Schedule 1 (item 70): [see Note 3] |
-- |
|
Aviation Legislation Amendment (2008 Measures No. 2) Act 2009 |
26, 2009 |
26 Mar 2009 |
S. 4 and Schedule 1 (item 26): Royal
Assent |
S. 4 and Sch. 1 (item 26) [see Table A] |
|
Customs Legislation Amendment (Name Change) Act 2009 |
33, 2009 |
22 May 2009 |
Schedule 2 (item 14): 23 May 2009 |
-- |
(a) The Civil Aviation Act 1988 was amended by section 8 only of the Transport Legislation Amendment Act 1989, subsection 2(3) of which provides as follows:
(3) The amendments of the Civil Aviation Act 1988 made by this Act shall be taken to have commenced on 15 June 1988.
(b) The Civil Aviation Amendment Act 1990 was amended by section 45 only of the Transport and Communications Legislation Amendment Act 1990, paragraph 2(13)(b) of which provides as follows:
(b) the amendment of the Civil Aviation Amendment Act 1990 is taken to have commenced immediately after the commencement of section 42 of that Act.
Section 42 of the Civil Aviation Amendment Act 1990 commenced on 20 June 1990 (see Gazette 1990, No. S154).
(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.
(4) Section 12 is taken to have commenced immediately after section 3 of the Civil Aviation Act 1988 commenced.
(5) Section 16 is taken to have commenced, or commences, as the case requires, immediately after section 10 of the Civil Aviation Amendment Act 1990 commenced.
(7) If the commencement of section 17 is not fixed by Proclamation published in the Gazette within the period of 6 months beginning on the day on which this Act receives the Royal Assent, the section is repealed on the first day after the end of that period.
(8) Section 18 is taken to have commenced on 20 June 1990.
Section 3 of the Civil Aviation Act 1988 commenced on 15 June 1988.
Section 10 of the Civil Aviation Amendment Act 1990 commenced on 24 November 1990.
Section 17 was not proclaimed and is therefore repealed.
(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.
(e) The Civil Aviation Act 1988 was amended by sections 10-20 only of the Transport and Communications Legislation Amendment Act 1991, subsections 2(1) and (3)-(5) of which provide as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(3) Subsection 11(1) and section 17 are taken to have commenced immediately after the Civil Aviation Act 1988 received the Royal Assent.
(4) Section 16 is taken to have commenced immediately after section 25 of the Civil Aviation Amendment Act 1990 commenced.
(5) Section 20 is taken to have commenced immediately after section 98 of the Civil Aviation Act 1988 commenced.
The Civil Aviation Act 1988 received the Royal Assent on 15 June 1988.
Section 25 of the Civil Aviation Amendment Act 1990 commenced on 1 July 1991.
Section 98 of the Civil Aviation Act 1988 commenced on 1 July 1988 (see Gazette 1988, No. S189).
(f) The Civil Aviation Act 1988 was amended by sections 13-18 only of the Transport and Communications Legislation Amendment Act (No. 2) 1992, subsections 2(1) and (2) of which provide as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(2) Sections 18 and 23 are taken to have commenced on 1 July 1991.
(g) The Civil Aviation Act 1988 was amended by the Schedule (Parts 1 and 5) of the Qantas Sale Act 1992, subsections 2(2), (3)(a) and (c) of which provide as follows:
(2) Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.
(3) A Proclamation may fix a day that is earlier than the day on which the Proclamation is published in the Gazette but only if:
(a) in the case of sections 30, 31, 35, 37, 39, 43 and 50 and Parts 1 and 2 of the Schedule--the day is not earlier than the substantial minority sale day; and
(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.
(h) The Qantas Sale Act 1992 was amended by section 3 (items 17 and 19) only of the Qantas Sale Amendment Act 1994, subsections 2(1) and (9) of which provide as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(9) Items 19 and 20 of the Schedule commence immediately after the commencement of Part 5 of the Schedule to the Qantas Sale Act 1992.
Part 5 of the Schedule commenced on 30 August 1995 (see Gazette 1995, No. S324).
(i) The Civil Aviation Act 1988 was amended by sections 21-23 only of the Transport and Communications Legislation Amendment Act (No. 3) 1992, subsections 2(1)-(3) of which provide as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(2) Section 22 is taken to have commenced on 15 June 1988.
(3) Section 23 is taken to have commenced on 1 July 1988.
(j) The Civil Aviation Act 1988 was
amended by the Schedule (items 19-42) only of the Transport and
Communications Legislation Amendment Act (No. 2) 1993, subsections
2(1)-(3) and (5) of which provide as follows:
(1) Subject to subsections (2) to (10) (inclusive), this Act commences on the day on which it receives the Royal Assent.
(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.
(3) The amendments contained in items 1, 2, 3, 20, 21, 22, 23 and 25 of the Schedule commence on a day to be fixed by Proclamation, being a day not before the day on which the Protocol inserting 83 bis into the Convention on International Civil Aviation comes into force in relation to Australia.
(5) The amendments contained in item 41 of the Schedule are taken to have commenced on 20 June 1990.
(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
(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;
whichever is earlier.
(2) Section 4 and Schedule 2 commence on the same day as the Commonwealth Authorities and Companies Act 1997 commences.
(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.
Section 4A commenced on 2 October 1997 (see Gazette 1997, No. S387).
(l) The Civil Aviation Legislation Amendment Act 1995 was amended by Schedule 3 (items 4 and 6-8) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(3) of which provides as follows:
(3) Schedule 3 commences as follows:
(d) the amendments of the Civil Aviation Legislation Amendment Act 1995 are taken to have commenced on the day on which that Act received the Royal Assent;
(m) The Civil Aviation Act 1988 was amended by section 77 only of the Competition Policy Reform Act 1995, subsection 2(2) of which provides as follows:
(2) Part 3 commences on a day to be fixed by Proclamation. 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.
Section 77 of the Competition Policy Reform Act 1995 provided for the amendment of section 66 of the Civil Aviation Act 1988. The last‑mentioned section was repealed by the Civil Aviation Legislation Amendment Act 1995 before a date was fixed for the commencement of section 77.
(ma) The Competition Policy Reform Act 1995 was amended by Schedule 4 only of the Civil Aviation Legislation Amendment Act 1998, subsection 2(4) of which provides as follow:
(4) Schedule 4 is taken to have commenced on 6 November 1995, immediately after the commencement of Part 3 of the Competition Policy Reform Act 1995.
(n) The Civil Aviation Act 1988 was amended by Schedule 2 (items 28-30) only of the Statute Law Revision Act 1996, subsection 2(2) of which provides as follows:
(2) Each item in Schedule 2 commences or is taken to have commenced (as the case requires) at the time specified in the note at the end of the item.
Item 28 commences, or is taken to have commenced, immediately after the commencement of item 22 of the Schedule to the Transport and Communications Legislation Amendment Act (No. 2) 1993.
Item 22 commenced on 2 October 1997 (see Gazette 1997, No. S387).
Items 29 and 30 are taken to have commenced immediately after the commencement of section 3 of the Civil Aviation Legislation Amendment Act 1995.
Section 3 commenced on 6 July 1995 (see Gazette 1995, No. S270).
(o) The Civil Aviation Act 1988 was amended by Schedule 3 (item 621) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:
(2) Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.
(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:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(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.
(pa) Subsection 2(1) (item 32) of the Statute Law Revision Act 2002 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
|
Commencement information |
||
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
32. Schedule 2, item 3 |
Immediately after the time specified in the Civil Aviation Legislation Amendment Act 1998 for the commencement of item 11 of Schedule 2 to that Act |
24 March 1998 |
(q) The Civil Aviation Act 1988 was amended by Schedule 1 (item 292) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:
(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.
(2) Subject to this section, this Act commences at the commencing time.
(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.
(s) Subsection 2(1) (item 2) of the Transport Safety Investigation (Consequential Amendments) Act 2003 provides as follows:
|
Provision(s) |
Commencement |
Date/Details |
|
2. Schedule 1 |
Immediately after the commencement of section 3 of the Transport Safety Investigation Act 2003 |
1 July 2003 (see Gazette 2003, No. S229) |
(t) Subsection 2(1) (items 3, 5, 7, 9 and 11) of the Civil Aviation Amendment Act 2003 provides as follows:
|
Provision(s) |
Commencement |
Date/Details |
|
3. Schedule 1, item 2 |
At the end of the period of 4 months beginning on the day on which this Act receives the Royal Assent |
At the end of 20 February 2004 |
|
5. Schedule 1, items 4 and 5 |
At the end of the period of 4 months beginning on the day on which this Act receives the Royal Assent |
At the end of 20 February 2004 |
|
7. Schedule 1, item 9 |
At the end of the period of 4 months beginning on the day on which this Act receives the Royal Assent |
At the end of 20 February 2004 |
|
9. Schedule 1, items 14 to 17 |
At the end of the period of 4 months beginning on the day on which this Act receives the Royal Assent |
At the end of 20 February 2004 |
|
11. Schedule 2, item 1 |
At the end of the period of 4 months beginning on the day on which this Act receives the Royal Assent |
At the end of 20 February 2004 |
(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. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
2. Schedule 1 |
The later of: (a) the start of the day on which this Act receives the Royal Assent; and (b) immediately after the commencement of section 3 of the Aviation Transport Security Act 2004. |
10 March
2005
|
(v) Subsection 2(1) (items 2, 3 and 5) of the Civil Aviation Legislation Amendment (Mutual Recognition with New Zealand) Act 2006 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. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
2. Schedule 1, items 1 to 19 |
A single day to be fixed by Proclamation. |
30 March 2007 (see F2007L00796) |
|
3. Schedule 1, item 20 |
The later of: (a) immediately after the commencement of the provision(s) covered by table item 2; and (b) immediately after the commencement of item 10 of Schedule 2 to the Civil Aviation Amendment Act 2005. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
30 March 2007 (paragraph (a) applies) |
|
5. Schedule 1, items 29 to 31 |
The later of: (a) immediately after the commencement of the provision(s) covered by table item 2; and (b) immediately after the commencement of item 10 of Schedule 2 to the Civil Aviation Amendment Act 2005. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
30 March 2007 (paragraph (a) applies) |
(w) Subsection 2(1) (items 3 and 4) of the Aviation Legislation Amendment (International Airline Licences and Carriers' Liability Insurance) Act 2008 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. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
3. Schedule 2, Part 1 |
A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. |
20 March 2009 |
|
4. Schedule 2, items 51, 52 and 53 |
The later of: (a) immediately after the commencement of the provision(s) covered by table item 3; and (b) the commencement of Schedule 1 to the Civil Aviation Legislation Amendment (1999 Montreal Convention and Other Measures) Act 2008 . However, the provision(s) covered by this table item do not commence at all if the event mentioned in paragraph (b) does not occur. |
20 March 2009 (paragraph (a) applies) |
(x) Subsection 2(1) (items 3 and 4) of the Civil Aviation Amendment Act 2009 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. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
3. Schedule 2, items 1 to 21 |
The day after this Act receives the Royal Assent. |
27 March 2009 |
|
4. Schedule 2, item 22 |
Immediately after the commencement of the provision(s) covered by table item 3. |
27 March 2009 |
Table of Amendments
|
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
|
|
Provision affected |
How affected |
|
Title ..................................... |
am. No. 11, 1991; No. 82, 1995 |
|
Part I |
|
|
am. No. 6, 1989; No. 25, 1990; Nos. 11, 101 and 173, 1991; No. 196, 1992 (as am. by No. 168, 1994); No. 5, 1994; No. 82, 1995; Nos. 14 and 130, 1997; No. 8, 2000; Nos. 83 and 105, 2003; No. 102, 2006; No. 39, 2007; No. 87, 2008; Nos. 19 and 33, 2009 |
|
|
S. 3AA ................................ |
ad. No. 102, 2006 |
|
S. 3A .................................. |
ad. No. 82, 1995 |
|
am. No. 19, 2003 |
|
|
ad. No. 5, 1994 |
|
|
|
am. No. 82, 1995; No. 43, 1996 |
|
S. 5 ..................................... |
am. No. 82, 1995 |
|
S. 7 ..................................... |
am. No. 5, 1994; No. 82, 1995; No. 86, 2005; No. 102, 2006 |
|
S. 7A .................................. |
ad. No. 143, 2001 |
|
Part II |
|
|
Heading to Part II ................. |
rs. No. 82, 1995 |
|
Heading to s. 8 ................... |
am. No. 82, 1995 |
|
S. 8 ..................................... |
am. No. 82, 1995 |
|
Note to s. 8(2) .................... |
ad. No. 152, 1997 |
|
S. 9 ..................................... |
am. Nos. 11 and 173, 1991 |
|
|
rs. No. 82, 1995 |
|
|
am. Nos. 19 and 83, 2003; No. 149, 2004; No. 86, 2005; No. 102, 2006; Nos. 39 and 131, 2007; No. 87, 2008 |
|
S. 9AA ................................ |
ad. No. 173, 1991 |
|
|
rep. No. 82, 1995 |
|
S. 9A .................................. |
ad. No. 11, 1991 |
|
|
rs. No. 82, 1995 |
|
S. 10 ................................... |
am. No. 25, 1990 |
|
|
rep. No. 82, 1995 |
|
S. 10A ................................ |
ad. No. 5, 1994 |
|
|
rep. No. 82, 1995 |
|
S. 11 ................................... |
am. No. 82, 1995 |
|
S. 11A ................................ |
ad. No. 25, 1990 |
|
|
rep. No. 82, 1995 |
|
|
ad. No. 39, 2007 |
|
S. 12 ................................... |
am. No. 11, 1991; No. 82, 1995 (as am. by No. 152, 1997); No. 105, 2003 |
|
S. 12A ................................ |
ad. No. 82, 1995 |
|
|
am. No. 105, 2003 |
|
ad. No. 82, 1995 |
|
|
ad. No. 105, 2003 |
|
|
Heading to s. 13 ................. |
rs. No. 82, 1995 |
|
S. 13 ................................... |
am. No. 25, 1990; No. 82, 1995 |
|
Ss. 14, 15 ........................... |
rs. No. 25, 1990 |
|
|
rep. No. 82, 1995 |
|
S. 16 ................................... |
am. No. 82, 1995 |
|
Part III |
|
|
Division 1 |
|
|
Heading to Div. 1 of Part III .. |
ad. No. 82, 1995 |
|
S. 17 ................................... |
rep. No. 82, 1995 |
|
S. 18 ................................... |
rs. No. 82, 1995 |
|
|
am. No. 1, 1998 |
|
|
rep. No. 87, 2008 |
|
S. 19 ................................... |
am. No. 5, 1994; No. 82, 1995; No. 143, 2001 |
|
S. 20AA .............................. |
ad. No. 173, 1991 |
|
|
am. No. 71, 1992; No. 8, 2000; No. 8, 2002; No. 83, 2003 |
|
ad. No. 173, 1991 |
|
|
|
am. No. 8, 2000; No. 83, 2003 |
|
ad. No. 173, 1991 |
|
|
|
am. No. 8, 2000 |
|
S. 20 ................................... |
am. No. 82, 1995 |
|
S. 20A ................................ |
ad. No. 25, 1990 |
|
|
am. No. 82, 1995 |
|
|
rs. No. 143, 2001 |
|
Heading to s. 21 ................. |
am. No. 82, 1995 |
|
S. 21 ................................... |
am. No. 25, 1990; No. 82, 1995; No. 143, 2001 |
|
S. 22 ................................... |
am. No. 25, 1990 |
|
S. 23 ................................... |
am. No. 25, 1990; No. 82, 1995; No. 143, 2001; No. 8, 2002; No. 86, 2008; No. 19, 2009 |
|
S. 23A ................................ |
ad. No. 25, 1990 |
|
|
rs. No. 11, 1991 |
|
|
am. No. 5, 1994; No. 137, 2000 |
|
S. 23B ................................. |
ad. No. 25, 1990 |
|
|
am. No. 5, 1994 |
|
S. 24 ................................... |
am. No. 25, 1990; No. 8, 2002; No. 83, 2003; No. 131, 2007 |
|
Heading to s. 25 ................. |
am. No. 86, 2005 |
|
Subheads. to s. 25(1), (2)... |
ad. No. 87, 2008 |
|
S. 25 ................................... |
am. No. 82, 1995; No. 86, 2005; No. 87, 2008 |
|
Subhead. to s. 26(1)........... |
ad. No. 87, 2008 |
|
S. 26 ................................... |
am. No. 82, 1995; No. 102, 2006; No. 87, 2008 |
|
Division 1A |
|
|
Div. 1A of Part III ................. |
ad. No. 102, 2006 |
|
S. 26A ................................ |
ad. No. 102, 2006 |
|
|
am. No. 102, 2006 |
|
ad. No. 102, 2006 |
|
|
Division 2 |
|
|
Heading to Div. 2 of Part III .. |
ad. No. 82, 1995 |
|
Subdivision A |
|
|
Heading to Subdiv. A .......... |
ad. No. 82, 1995 |
|
Heading to s. 27 ................. |
rs. No. 82, 1995 |
|
S. 27 ................................... |
am. No. 25, 1990; No. 5, 1994; No. 82, 1995; No. 8, 2000; No. 102, 2006 |
|
Note to s. 27(2) .................. |
ad. No. 102, 2006 |
|
Subdivision B |
|
|
Subdiv. B of Div. 2 of ......... |
ad. No. 82, 1995 |
|
S. 27AA .............................. |
ad. No. 82, 1995 |
|
S. 27AB .............................. |
ad. No. 82, 1995 |
|
|
am. No. 8, 2000 |
|
ad. No. 82, 1995 |
|
|
|
am. No. 83, 2003; No. 87, 2008 |
|
ad. No. 82, 1995 |
|
|
ad. No. 82, 1995 |
|
|
|
am. No. 8, 2000; No. 102, 2006 |
|
ad. No. 82, 1995 |
|
|
|
am. No. 87, 2008 |
|
Subdivision C |
|
|
Heading to Subdiv. C .......... |
ad. No. 82, 1995 |
|
Heading to s. 27A ............... |
am. No. 82, 1995 |
|
Subhead. to s. 27A(1)......... |
ad. No. 87, 2008 |
|
S. 27A ................................ |
ad. No. 5, 1994 |
|
|
am. No. 82, 1995; No. 8, 2000; No. 87, 2008 |
|
Subdivision D |
|
|
Heading to Subdiv. D .......... |
ad. No. 82, 1995 |
|
S. 28 ................................... |
rs. No. 5, 1994; No. 82, 1995 |
|
|
am. No. 1, 1998; No. 8, 2000; No. 83, 2003; No. 102, 2006; No. 87, 2008 |
|
Heading to s. 28A ............... |
am. No. 82, 1995 |
|
S. 28A ................................ |
ad. No. 5, 1994 |
|
|
am. No. 82, 1995; No. 83, 2003 |
|
S. 28B ................................. |
ad. No. 102, 2006 |
|
Subdivision E |
|
|
Subdiv. E of Div. 2 of Part III ......................................... |
ad. No. 82, 1995 |
|
ad. No. 82, 1995 |
|
|
|
am. No. 1, 1998; No. 105, 2003; No. 86, 2005; No. 102, 2006; No. 87, 2008 |
|
ad. No. 86, 2005 |
|
|
|
am. No. 102, 2006 |
|
ad. No. 82, 1995 |
|
|
Heading to s. 28BC.............. |
am. No. 8, 2000 |
|
ad. No. 82, 1995 |
|
|
|
am. No. 1, 1998; No. 8, 2000; Nos. 79 and 87, 2008 |
|
ad. No. 82, 1995 |
|
|
|
am. No. 102, 2006 |
|
ad. No. 82, 1995 |
|
|
ad. No. 1, 1998 (as am. by No. 63, 2002) |
|
|
|
rs. No. 87, 2008 |
|
Subdivision F |
|
|
Subdiv. F of Div. 2 of Part III ......................................... |
ad. No. 102, 2006 |
|
ad. No. 102, 2006 |
|
|
Division 3 |
|
|
Heading to Div. 3 of Part III .. |
ad. No. 82, 1995 |
|
S. 29 ................................... |
am. No. 25, 1990 |
|
|
rs. No. 143, 2001 |
|
S. 30A ................................ |
ad. No. 173, 1991 |
|
|
am. No. 5, 1994; No. 82, 1995 |
|
S. 30B ................................. |
ad. No. 173, 1991 |
|
|
am. No. 82, 1995 |
|
Heading to s. 30C ............... |
am. No. 82, 1995 |
|
S. 30C ................................. |
ad. No. 173, 1991 |
|
|
am. No. 82, 1995 |
|
Division 3A |
|
|
Div. 3A of Part III ................. |
ad. No. 105, 2003 |
|
Subdivision A |
|
|
S. 30DA .............................. |
ad. No. 105, 2003 |
|
Subdivision B |
|
|
ad. No. 105, 2003 |
|
|
Subdivision C |
|
|
ad. No. 105, 2003 |
|
|
Subdivision D |
|
|
ad. No. 105, 2003 |
|
|
Division 3B |
|
|
Div. 3B of Part III ................. |
ad. No. 105, 2003 |
|
S. 30DK .............................. |
ad. No. 105, 2003 |
|
|
am. No. 19, 2009 |
|
Division 3C |
|
|
Div. 3C of Part III ................. |
ad. No. 105, 2003 |
|
Subdivision A |
|
|
ad. No. 105, 2003 |
|
|
Subdivision B |
|
|
ad. No. 105, 2003 |
|
|
|
am. No. 19, 2009 |
|
ad. No. 105, 2003 |
|
|
S. 30DQ .............................. |
ad. No. 105, 2003 |
|
|
am. No. 19, 2009 |
|
S. 30DR .............................. |
ad. No. 105, 2003 |
|
Division 3D |
|
|
Div. 3D of Part III ................. |
ad. No. 105, 2003 |
|
Subdivision A |
|
|
ad. No. 105, 2003 |
|
|
Subdivision B |
|
|
ad. No. 105, 2003 |
|
|
ad. No. 105, 2003 |
|
|
|
am. No. 19, 2009 |
|
Subdivision C |
|
|
ad. No. 105, 2003 |
|
|
|
am. No. 19, 2009 |
|
ad. No. 105, 2003 |
|
|
ad. No. 105, 2003 |
|
|
|
am. No. 19, 2009 |
|
ad. No. 105, 2003 |
|
|
S. 30EE ............................... |
ad. No. 105, 2003 |
|
|
am. No. 19, 2009 |
|
Subdivision D |
|
|
S. 30EF ............................... |
ad. No. 105, 2003 |
|
Subdivision E |
|
|
ad. No. 105, 2003 |
|
|
ad. No. 105, 2003 |
|
|
|
am. No. 19, 2009 |
|
S. 30EJ ............................... |
ad. No. 105, 2003 |
|
Division 4 |
|
|
Heading to Div. 4 of Part III .. |
ad. No. 82, 1995 |
|
S. 31 ................................... |
am. No. 105, 2003 |
|
ad. No. 105, 2003 |
|
|
|
am. No. 19, 2009 |
|
ad. No. 105, 2003 |
|
|
ad. No. 105, 2003 |
|
|
|
rs. No. 19, 2009 |
|
S. 31D ................................. |
ad. No. 105, 2003 |
|
S. 32 ................................... |
am. No. 25, 1990; No. 82, 1995; No. 105, 2003 |
|
Part IIIA |
|
|
Part IIIA ............................... |
ad. No. 101, 1991 |
|
Division 1 |
|
|
Heading to Div. 1 of Part IIIA |
ad. No. 19, 2009 |
|
S. 32AA .............................. |
ad. No. 101, 1991 |
|
|
am. No. 82, 1995; No. 19, 2009 |
|
S. 32AB .............................. |
ad. No. 101, 1991 |
|
|
am. No. 5, 1994; No. 82, 1995; No. 143, 2001; No. 19, 2009 |
|
Division 2 |
|
|
Heading to Div. 2 of Part IIIA |
ad. No. 19, 2009 |
|
Subdivision A |
|
|
Heading to Subdiv. A........... |
ad. No. 19, 2009 |
|
S. 32AC .............................. |
ad. No. 101, 1991 |
|
|
am. No. 102, 2006 |
|
|
rs. No. 19, 2009 |
|
Ss. 32ACA, 32ACB............. |
ad. No. 19, 2009 |
|
Subdivision B |
|
|
Heading to Subdiv. B........... |
ad. No. 19, 2009 |
|
ad. No. 101, 1991 |
|
|
|
am. No. 102, 2006; No. 19, 2009 |
|
S. 32AE .............................. |
ad. No. 101, 1991 |
|
|
rep. No. 19, 2009 |
|
S. 32AF .............................. |
ad. No. 101, 1991 |
|
|
am. No. 71, 1992; No. 19, 2009 |
|
S. 32AG .............................. |
ad. No. 101, 1991 |
|
S. 32AH .............................. |
ad. No. 101, 1991 |
|
|
am. No. 82, 1995 |
|
|
rs. No. 19, 2009 |
|
Subdivision C |
|
|
Heading to Subdiv. C........... |
ad. No. 19, 2009 |
|
Ss. 32AHA-32AHN............. |
ad. No. 19, 2009 |
|
ad. No. 8, 2000 |
|
|
|
am. No. 83, 2003; No. 19, 2009 |
|
Renumbered s. 32AHO... |
No. 19, 2009 |
|
ad. No. 101, 1991 |
|
|
|
am. No. 5, 1994; No. 8, 2002 |
|
S. 32AK .............................. |
ad. No. 101, 1991 |
|
|
am. No. 5, 1994; No. 143, 2001 |
|
Heading to s. 32AL.............. |
rs. No. 83, 2003 |
|
S. 32AL .............................. |
ad. No. 82, 1995 |
|
|
rep. No. 174, 1995 |
|
|
ad. No. 8, 2000 |
|
|
am. No. 83, 2003 |
|
ad. No. 8, 2000 |
|
|
Division 3 |
|
|
Div. 3 of Part IIIA.................. |
ad. No. 19, 2009 |
|
Ss. 32AMA-32AME............. |
ad. No. 19, 2009 |
|
Division 4 |
|
|
Div. 4 of Part IIIA.................. |
ad. No. 19, 2009 |
|
Ss. 32AMF, 32AMG............. |
ad. No. 19, 2009 |
|
Part IIIB |
|
|
Part IIIB................................. |
ad. No. 19, 2003 |
|
ad. No. 19, 2003 |
|
|
|
am. No. 87, 2008 |
|
ad. No. 19, 2003 |
|
|
Part IV |
|
|
Part IV.................................. |
rep. No. 105, 2003 |
|
|
ad. No. 131, 2007 |
|
Heading to Part IV ............... |
am. No. 25, 1990; No. 82, 1995 |
|
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rep. No. 105, 2003 |
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ad. No. 131, 2007 |
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Division 1 |
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S. 32A ................................ |
ad. No. 25, 1990 |
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rs. No. 82, 1995 |
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rep. No. 105, 2003 |
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S. 32B ................................. |
ad. No. 25, 1990 |
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am. No. 82, 1995 |
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rep. No. 105, 2003 |
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S. 33 ................................... |
am. No. 25, 1990 |
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rs. No. 82, 1995 |
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am. No. 14, 1997 |
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rep. No. 105, 2003 |
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ad. No. 131, 2007 |
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Division 2 |
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am. No. 25, 1990; No. 82, 1995 |
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rep. No. 105, 2003 |
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ad. No. 131, 2007 |
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rep. No. 105, 2003 |
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ad. No. 131, 2007 |
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S. 37 ................................... |
am. No. 25, 1990 |
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rs. No. 101, 1991 |
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am. No. 146, 1999 |
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rep. No. 105, 2003 |
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ad. No. 131, 2007 |
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S. 38 ................................... |
am. No. 82, 1995; No. 43, 1996; No. 14, 1997 |
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rep. No. 105, 2003 |
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ad. No. 131, 2007 |
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S. 39 ................................... |
am. No. 25, 1990; No. 82, 1995; No. 14, 1997 |
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rep. No. 105, 2003 |
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ad. No. 131, 2007 |
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Ss. 39A, 39B ...................... |
ad. No. 25, 1990 |
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rep. No. 105, 2003 |
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S. 40 ................................... |
am. No. 25, 1990 |
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rep. No. 82, 1995 |
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S. 41 ................................... |
am. No. 82, 1995 |
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rep. No. 105, 2003 |
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S. 42 ................................... |
am. No. 25, 1990; No. 101, 1991; No. 82, 1995 (as am. by No. 152, 1997); No. 156, 1999 |
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rep. No. 105, 2003 |
|
Part V |
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Part V ................................. |
rs. No. 82, 1995 |
|
S. 43 ................................... |
am. No. 25, 1990 |
|
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rep. No. 82, 1995 |
|
S. 44 ................................... |
am. No. 25, 1990 |
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rs. No. 82, 1995 |
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am. No. 105, 2003 |
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S. 45 ................................... |
am. No. 25, 1990 |
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rs. No. 82, 1995 |
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am. No. 43, 1996; No. 105, 2003 |
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Part VI |
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Part VI ................................. |
rs. No. 82, 1995 |
|
S. 46 ................................... |
am. No. 25, 1990 |
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rs. No. 82, 1995 |
|
S. 47 ................................... |
am. No. 25, 1990 |
|
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rs. No. 82, 1995 |
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am. No. 82, 1995 (as am. by No. 152, 1997) |
|
S. 48 ................................... |
am. No. 71, 1992 |
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rs. No. 82, 1995 |
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rep. No. 82, 1995 |
|
S. 48A ................................ |
ad. No. 25, 1990 |
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rep. No. 82, 1995 |
|
Heading to s. 49.................. |
rs. No. 82, 1995 |
|
rs. No. 82, 1995 |
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am. No. 82, 1995 (as am. by No. 152, 1997); No. 105, 2003 |
|
rs. No. 82, 1995 |
|
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Ss. 51-54 ........................... |
rep. No. 82, 1995 |
|
S. 54A ................................ |
ad. No. 25, 1990 |
|
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rep. No. 82, 1995 |
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S. 55 ................................... |
am. No. 55, 1988; No. 25, 1990; No. 173, 1991 |
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rep. No. 82, 1995 |
|
S. 56 ................................... |
am. No. 25, 1990 |
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rep. No. 82, 1995 |
|
S. 57 ................................... |
rep. No. 82, 1995 |
|
S. 58 ................................... |
am. No. 25, 1990 |
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rep. No. 82, 1995 |
|
Ss. 59, 60 ........................... |
rep. No. 82, 1995 |
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S. 61 ................................... |
rep. No. 25, 1990 |
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S. 62 ................................... |
am. No. 25, 1990 |
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rep. No. 82, 1995 |
|
S. 62A ................................ |
ad. No. 173, 1991 |
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rep. No. 82, 1995 |
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Ss. 63, 64 ........................... |
am. No. 25, 1990 |
|
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rep. No. 82, 1995 |
|
S. 65 ................................... |
am. No. 5, 1994 |
|
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rep. No. 82, 1995 |
|
S. 66 ................................... |
am. No. 25, 1990; No. 11, 1991; No. 216, 1992; No. 5, 1994 |
|
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rep. No. 82, 1995 |
|
Ss. 67, 68 ........................... |
rep. No. 82, 1995 |
|
S. 69 ................................... |
am. No. 173, 1991 |
|
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rep. No. 82, 1995 |
|
Ss. 70-74 ........................... |
rep. No. 82, 1995 |
|
S. 75 ................................... |
am. No. 71, 1992 |
|
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rep. No. 82, 1995 |
|
Ss. 76, 77 ........................... |
rep. No. 82, 1995 |
|
S. 78 ................................... |
am. No. 25, 1990 |
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rep. No. 82, 1995 |
|
S. 78A ................................ |
ad. No. 173, 1991 |
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rep. No. 82, 1995 |
|
S. 79 ................................... |
rep. No. 82, 1995 |
|
S. 80 ................................... |
am. No. 25, 1990 |
|
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rep. No. 82, 1995 |
|
Ss. 81-83 ........................... |
rep. No. 82, 1995 |
|
Div. 3 of Part VI .................. |
ad. No. 71, 1992 |
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rep. No. 82, 1995 |
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Ss. 83A-83E ...................... |
ad. No. 71, 1992 |
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rep. No. 82, 1995 |
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Part VII |
|
|
Heading to Part VII .............. |
am. No. 82, 1995 |
|
S. 84 ................................... |
am. No. 25, 1990 |
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rs. No. 82, 1995 |
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am. No. 105, 2003 |
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Note to s. 84(4)................... |
ad. No. 105, 2003 |
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Heading to s. 84A ............... |
am. No. 82, 1995 |
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S. 84A ................................ |
ad. No. 25, 1990 |
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am. No. 82, 1995; No. 105, 2003 |
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ad. No. 105, 2003 |
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ad. No. 105, 2003 |
|
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Heading to s. 85 ................. |
am. No. 82, 1995 |
|
S. 85 ................................... |
am. No. 25, 1990; No. 82, 1995; No. 105, 2003 |
|
S. 86 ................................... |
rs. No. 25, 1990; No. 82, 1995 |
|
Note to s. 86........................ |
ad. No. 105, 2003 |
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am. No. 25, 1990; No. 82, 1995; No. 105, 2003 |
|
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Heading to s. 89 ................. |
am. No. 82, 1995; No. 105, 2003 |
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S. 89 ................................... |
rs. No. 25, 1990 |
|
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am. No. 82, 1995; No. 105, 2003 |
|
Heading to s. 90 ................. |
am. No. 82, 1995 |
|
S. 90 ................................... |
am. No. 25, 1990; No. 82, 1995; No. 105, 2003 |
|
Heading to s. 91 ................. |
am. No. 82, 1995 |
|
S. 91 ................................... |
rs. No. 25, 1990 |
|
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am. No. 82, 1995; No. 105, 2003 |
|
S. 92 ................................... |
am. No. 82, 1995 |
|
S. 93 ................................... |
am. No. 25, 1990 |
|
|
rep. No. 82, 1995 |
|
Part VIII |
|
|
Heading to s. 94 ................. |
am. No. 82, 1995 |
|
S. 94 ................................... |
rs. No. 25, 1990 |
|
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am. No. 82, 1995 |
|
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rs. No. 105, 2003 |
|
S. 94A ................................ |
ad. No. 25, 1990 |
|
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rs. No. 105, 2003 |
|
S. 95 ................................... |
rep. No. 82, 1995 |
|
S. 95A................................. |
ad. No. 19, 2009 |
|
Heading to s. 96.................. |
am. No. 105, 2003 |
|
S. 96 ................................... |
rs. No. 82, 1995 |
|
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am. No. 105, 2003 |
|
S. 97 ................................... |
am. No. 21, 1989 |
|
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rs. No. 82, 1995 |
|
S. 97AA .............................. |
ad. No. 8, 2000 |
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ad. No. 8, 2000 |
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am. No. 105, 2003 |
|
S. 97A ................................ |
ad. No. 25, 1990 |
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am. No. 143, 2001; No. 19, 2009 |
|
S. 98 ................................... |
am. No. 25, 1990; Nos. 11, 101 and 173, 1991; No. 216, 1992; No. 5, 1994; No. 82, 1995; No. 130, 1997; No. 8. 2000; No. 105, 2003; No. 149, 2004; No. 86, 2005; Nos. 102 and 109, 2006; No. 39, 2007; No. 87, 2008; No. 19, 2009 |
|
Part IX ................................. |
rep. No. 82, 1995 |
|
S. 99 ................................... |
rep. No. 82, 1995 |
|
Part X .................................. |
rep. No. 82, 1995 |
|
Ss. 100-103 ....................... |
rep. No. 82, 1995 |
|
Schedule ............................ |
am. No. 6, 1989 |
|
|
rep. No. 82, 1995 |
Note 2
Civil Aviation Amendment Act 2009 (No. 19, 2009)
The following amendments commence on 1 July 2009:
Schedule 1
1 Subsection 3(1)
Insert:
Board means the Board of CASA.
2 Subsection 3(1)
Insert:
Board member means a member of the Board appointed in accordance with section 54.
3 Subsection 3(1)
Insert:
Chair means the Chair of the Board.
4 Subsection 3(1) (definition of corporate plan )
Omit "Director", substitute "Board".
5 Subsection 3(1)
Insert:
Deputy Chair means the Deputy Chair of the Board.
6 Subsection 3(1) (definition of Director)
Omit "section 84", substitute "section 74".
7 Subsections 12(1) and (1A)
Omit "CASA", substitute "the Board".
8 Subsection 12(4)
Omit "CASA", substitute "The Board".
9 Subsection 12(5) (note)
Repeal the note, substitute:
Note: Section 28 of the Commonwealth Authorities and Companies Act 1997 requires the Board to comply with General Policy Orders of the Australian Government to the extent that they apply to CASA.
10 Subsection 12A(1)
Omit "CASA" (first occurring), substitute "the Board".
Note: The heading to section 12A is altered by omitting "CASA" and substituting "the Board".
11 Subsection 12A(2)
Omit "CASA", substitute "the Board".
12 Sections 12C and 12D
Repeal the sections.
13 Subsections 44(1), (3) and (6)
Omit "Director", substitute "Board".
14 Subsections 45(2) and (5)
Omit "Director", substitute "Board".
15 Paragraphs 49(2)(a) and (aa)
Repeal the paragraphs, substitute:
(a) particulars of each direction given to the Board by the Minister under section 12, during the financial year covered by the report;
16 Paragraph 49(2)(b)
Omit "CASA" (first occurring), substitute "the Board".
17 Subparagraph 49(2)(b)(ii)
Repeal the subparagraph, substitute:
(ii) a summary of action taken in the financial year by CASA, or by the Board, because of notice given to the Board in any financial year;
18 Part VII
Repeal the Part, substitute:
Division 1--Establishment and functions
The Board of CASA is established by this section.
(1) The Board consists of:
(a) the Director; and
(b) up to 4 Board members (including the Chair and Deputy Chair).
Note: As a member of the governing body, the Director is a director of a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997: see the definition of director in section 5 of that Act.
(2) The performance of a function or the exercise of a power of the Board is not affected by a vacancy in the membership of the Board.
(1) The functions of the Board are to:
(a) decide the objectives, strategies and policies to be followed by CASA; and
(b) ensure that CASA performs its functions in a proper, efficient and effective manner; and
(c) ensure that CASA complies with directions given by the Minister under section 12B.
(2) The Board has the power to do all things necessary or convenient to be done for or in connection with the performance of its functions.
(3) All acts and things done in the name of, or on behalf of, CASA by the Board are taken to have been done by CASA.
Division 2--Appointment etc. of Board members
(1) A Board member is to be appointed by the Minister by written instrument, on a part‑time basis.
(2) The Minister must appoint one Board member to be the Chair and another Board member to be the Deputy Chair.
(3) When appointing Board members, the Minister must ensure an appropriate balance of professional expertise, but need not ensure that particular sectors of the civil aviation industry are represented.
(4) A person's appointment as a Board member is not invalid because of a defect or irregularity in connection with the person's appointment.
A Board member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.
Note: A Board member is eligible for reappointment: see subsection 33(4A) of the Acts Interpretation Act 1901.
56 Remuneration and allowances
(1) A Board member is to be paid such remuneration as is determined by the Remuneration Tribunal. If no determination of that remuneration is in operation, the Board member is to be paid such remuneration as is prescribed.
(2) A Board member is to be paid the allowances that are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
(1) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.
(2) The Chair may grant leave of absence to another Board member on the terms and conditions that the Chair determines.
A Board member must not engage in any paid employment that, in the Minister's opinion, conflicts or may conflict with the proper performance of his or her duties.
(1) A Board member may resign by giving to the Minister a signed notice of resignation.
(2) The Chair may resign his or her appointment as the Chair without resigning his or her appointment as a Board member.
(3) The Deputy Chair may resign his or her appointment as the Deputy Chair without resigning his or her appointment as a Board member.
(4) The resignation takes effect on the day on which it is received by the Minister or, if a later day is specified in the resignation, on that later day.
(1) The Minister may terminate the appointment of a Board member for misbehaviour or physical or mental incapacity.
(2) The Minister may terminate the appointment of a Board member if:
(a) the Board member:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(b) the Board member:
(i) engages in paid employment that the Minister thinks is in conflict with the proper performance of the member's duties; or
(ii) is absent, except on leave of absence granted under section 57, from 3 consecutive meetings of the Board; or
(c) the Minister thinks that the performance of the Board member has been unsatisfactory for a significant period of time; or
(d) the Board member fails, without reasonable excuse, to comply with an obligation imposed on him or her by section 27F or 27J of the Commonwealth Authorities and Companies Act 1997.
(3) If the Minister is of the opinion that the performance of Board members or the performance of CASA has been unsatisfactory for a significant period of time, the Minister may terminate the appointment of all Board members or particular Board members.
(4) If the Minister is of the opinion that:
(a) CASA has failed to comply with section 12B; or
(b) the Board members have failed to comply with:
(i) subsection 13(2) or 15(1) of the Commonwealth Authorities and Companies Act 1997; or
(ii) paragraph 16(1)(a) or (b) of the Commonwealth Authorities and Companies Act 1997;
the Minister may terminate the appointment of all Board members or particular Board members.
A Board member holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined, in writing, by the Minister.
(1) The Minister may appoint a person to act as the Chair if the Deputy Chair is unable to act as the Chair:
(a) during a vacancy in the office of the Chair, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Chair:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
(2) Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there is a defect or irregularity in connection with the appointment; or
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.
Note: See sections 20 and 33A of the Acts Interpretation Act 1901.
(1) The Minister may appoint a person to act as a Board member (other than the Chair):
(a) during a vacancy in the office of a Board member (other than the Chair), whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when a Board member (other than the Chair):
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
(2) Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there is a defect or irregularity in connection with the appointment; or
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.
Note: See sections 20 and 33A of the Acts Interpretation Act 1901.
64 Times and places of meetings
(1) The Board must hold such meetings as are necessary for the efficient performance of its functions.
(2) Subject to subsections (3) and (4), meetings are to be held at such times and places as the Board decides.
(3) The Chair may call a meeting at any time.
(4) The Chair must call a meeting if requested to do so in writing by at least 2 other Board members.
(5) For the purpose of subsection (4), Board member includes the Director.
(1) The Chair presides at all meetings at which he or she is present.
(2) If the Chair is not present at a meeting, the Deputy Chair presides.
(3) If neither the Chair nor the Deputy Chair is present at a meeting, the members present must appoint one of themselves to preside.
(1) At a meeting of the Board, a quorum is constituted by 3 Board members.
(2) However, if:
(a) a Board member is required by section 27J of the Commonwealth Authorities and Companies Act 1997 not to be present during the deliberations, or to take part in any decision, of the Board with respect to a particular matter; and
(b) when the Board member leaves the meeting concerned there is no longer a quorum present;
the remaining Board members at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.
(3) For the purpose of this section, Board member includes the Director.
(1) At a meeting of the Board, a question is decided by a majority of the votes of the Board members present and voting.
(2) The person presiding at a meeting has a deliberative vote and, if necessary, also a casting vote.
(3) For the purpose of subsection (1), Board member includes the Director.
The Board may, subject to this Subdivision, regulate proceedings at its meetings as it considers appropriate.
Note: Section 33B of the Acts Interpretation Act 1901 provides for participation in meetings by telephone etc.
The Board must keep minutes of its meetings.
Subdivision B--Decisions without meetings
(1) A decision is taken to have been made at a meeting of the Board if:
(a) without meeting, a majority of Board members indicate agreement with the proposed decision in accordance with the method determined by the Board under subsection (2); and
(b) all Board members were informed of the proposed decision, or reasonable efforts were made to inform all Board members of the proposed decision.
(2) Subsection (1) applies only if the Board:
(a) has determined that it applies; and
(b) has determined the method by which Board members are to indicate agreement with proposed decisions.
(3) Paragraph (1)(a) does not apply to a Board member who is prevented by section 27J of the Commonwealth Authorities and Companies Act 1997 from deliberating on the proposed decision.
(4) For the purpose of this section, Board member includes the Director.
The Board must keep a record of decisions made in accordance with section 70.
Part VIIA--The Director and staff of CASA
Division 1--Appointing the Director
There is to be a Director of Aviation Safety.
(1) The Director is to manage CASA subject to the directions of, and in accordance with policies determined by, the Board.
(2) All acts and things done in the name of, or on behalf of, CASA by the Director are taken to have been done by CASA.
(1) The Director is to be appointed by the Board by written instrument, on a full‑time basis.
Note: The Director can be re‑appointed under this section: see subsection 33(4A) of the Acts Interpretation Act 1901.
(2) Before appointing the Director, the Board must consult the Minister.
(3) A Board member is not eligible for appointment as the Director.
(4) The appointment of a person as Director is not invalid because of a defect or irregularity in connection with the person's appointment.
The Director holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
76 Remuneration and allowances
(1) The Director is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Director is to be paid the remuneration that is determined by the Board in writing.
(2) The Director is to be paid the allowances that are determined by the Board in writing.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
(1) The Director has such recreation leave entitlements as are determined by the Remuneration Tribunal.
(2) The Board may grant to the Director leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Board determines in writing.
The Director must not engage in paid employment outside the duties of his or her office except with the approval of the Board.
The Director holds office on such terms and conditions in relation to matters not provided for by this Act as are determined by the Board in writing.
(1) The Director may resign by giving to the Board a signed notice of resignation.
(2) The resignation takes effect on the day on which it is received by the Board or, if a later day is specified in the resignation, on that later day.
The Board may, after consulting the Minister, terminate the appointment of the Director:
(a) for misbehaviour or physical or mental incapacity; or
(b) if the Director:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(c) if the Director is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(d) if the Director engages, except with the Board's approval, in paid employment outside the duties of his or her office; or
(e) if the Board is satisfied that the Director's performance has been unsatisfactory; or
(f) if the Director fails, without reasonable excuse, to comply with an obligation imposed on him or her by section 27F or 27J of the Commonwealth Authorities and Companies Act 1997.
(1) The Board 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
(b) during any period, or during all periods, when the Director:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
(2) Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there is a defect or irregularity in connection with the appointment; or
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.
Note: See sections 20 and 33A of the Acts Interpretation Act 1901.
(1) CASA may employ such persons as it considers necessary for the performance of its functions and the exercise of its powers.
(2) An employee is to be employed on the terms and conditions that the Director determines in writing.
CASA may engage consultants to assist in the performance of its functions.
19 Subsection 94(1)
After "this Act", insert ", the regulations, or an instrument made under this Act or the regulations,".
20 Subsection 94(2)
Repeal the subsection, substitute:
(2) The Director may, in writing, delegate to an officer, if the officer holds, or performs the duties of, an office that is equivalent to a position occupied by an SES employee or acting SES employee, all or any of the following powers:
(a) the Director's power under subsection 83(2);
(b) the Director's powers under the regulations;
(c) the Director's powers under an instrument made under this Act or the regulations.
21 Section 94A
Repeal the section, substitute:
(1) The Board may delegate, in writing, all or any of its powers under this Act to:
(a) a Board member; or
(b) the Director; or
(c) an officer.
(2) In exercising any powers under the delegation, the Board member, Director or officer, as the case may be, must comply with any directions of the Board.
22 Subsection 96(1)
Before "Where", omit "(1)".
23 Subsection 96(1)
Omit ", 12D".
24 Subsection 96(2)
Repeal the subsection.
Schedule 3
1 After subsection 26(3)
Insert:
(3A) For the purposes of being satisfied that the person has complied with, or is capable of complying with, the safety rules, CASA may have regard to the matters set out in section 28AA as if:
(a) the reference in that section to subsection 28(1A) were a reference to paragraph (3)(b) of this section; and
(b) the reference in subparagraph (1)(c)(ii) and paragraph (5)(a) of that section to an AOC were to a permission.
2 After subsection 26(4)
Insert:
(4A) For the purposes of deciding whether to specify a condition in the permission, CASA may have regard to the matters set out in section 28AA as if:
(a) the reference in that section to subsection 28(1A) were a reference to paragraph (4)(b) of this section; and
(b) the reference in subparagraph (1)(c)(ii) and paragraph (5)(a) of that section to an AOC were to a permission.
3 At the end of subsection 27AE(1)
Add:
; (e) evidence of the matters listed in paragraphs 28AA(1)(a), (b), (c) and (d) (including, as applicable, by giving examples of the things mentioned in subsections 28AA(2) to (5)).
4 After subsection 27A(1)
Insert:
(1A) CASA may, by written notice given to the applicant, require the applicant to give CASA evidence of the matters listed in paragraphs 28AA(1)(a), (b), (c) and (d) (including, as applicable, by giving examples of the things mentioned in subsections 28AA(2) to (5)).
5 After subsection 28(1)
Insert:
(1A) For the purposes of paragraph (1)(a), if the AOC sought is an AOC authorising the operation of foreign registered aircraft into Australia, out of Australia, or both, or on regulated domestic flights, other than:
(a) an Australian AOC with ANZA privileges; or
(b) an Australian AOC with ANZA privileges authorising operations of an aircraft registered in New Zealand on regulated domestic flights;
CASA may have regard to the matters set out in section 28AA.
6 After section 28A
Insert:
28AA Matters that CASA may have regard to in issuing an AOC in relation to certain flights by foreign registered aircraft
(1) For the purposes of subsection 28(1A), the matters which CASA may have regard to are:
(a) evidence of any serious safety deficiencies in relation to the applicant's operations in another country; and
(b) evidence of the applicant's ability and willingness to address those safety deficiencies; and
(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
(d) evidence relating to the management and control of the applicant's operations.
(2) For the purposes of paragraph (1)(a), examples of the kinds of evidence of serious safety deficiencies include all or any of the following:
(a) a report that identifies serious safety deficiencies;
(b) the applicant's failure to address deficiencies identified during ramp inspections, or similar inspections, carried out by the aviation authority of another country or group of countries;
(c) the fact that another country or group of countries has imposed an operating ban on the applicant because of deficiencies relating to international aviation safety standards;
(d) information relating to an accident or serious incident that indicates systemic safety deficiencies in relation to the applicant's operations.
(3) For the purposes of paragraph (1)(b), examples of the kinds of evidence of the applicant's ability and willingness to address safety deficiencies include either or both of the following:
(a) how the applicant responds to requests from CASA for information about the safety aspects of the applicant's operations;
(b) if the applicant has presented a plan for corrective action to CASA, the aviation authority of another country or group of countries, ICAO or another relevant body or organisation--whether the corrective action proposed is appropriate and sufficient.
(4) For the purposes of paragraph (1)(c), examples of the kinds of evidence mentioned in that paragraph include all or any of the following:
(a) how a relevant authority responds to concerns or issues raised by CASA about:
(i) the safety of the applicant's operations; or
(ii) the safety of aircraft used by the applicant or another carrier licensed or certified by that authority;
(b) a relevant authority's reputation for implementing and enforcing relevant aviation safety standards, including:
(i) audits and related corrective action plans established under ICAO's Universal Safety Oversight Audit Programme or any other similar program; and
(ii) whether the applicant's authorisation (however described) by the authority is not, or is no longer, recognised by another country or group of countries; and
(iii) if the applicant's authorisation was not issued by the authority of the country in which the applicant has its principal place of business--that fact;
(c) in relation to aircraft used by the applicant in the country in which the aircraft is registered--whether the aviation authority of that country administers its obligations in accordance with the Chicago Convention.
(5) For the purposes of paragraph (1)(d), examples of the kinds of evidence relating to the management and control of the applicant's operations include either or both of the following:
(a) whether a person who is participating in, or is likely to participate in, managing the applicant's operations is not a fit and proper person to participate in the management of the operations of a holder of an AOC;
(b) whether a person who has, or is likely to have, effective control over the applicant's operations is not a fit and proper person to have effective control over the applicant's operations.
As at 3 June 2009 the amendments are not incorporated in this compilation.
Note 3
Transport Safety Investigation Amendment Act 2009 (No. 20, 2009)
The following amendment commences on 1 July 2009:
Schedule 1
70 Paragraph 9(3)(a)
Repeal the paragraph, substitute:
(a) cooperating with the Australian Transport Safety Bureau in relation to investigations under the Transport Safety Investigation Act 2003 that relate to aircraft;
As at 3 June 2009 the amendment is not incorporated in this compilation.
Note 4
Aviation Legislation Amendment (2008 Measures
No. 2) Act 2009
(No. 26, 2009)
The following amendments commence on 1 July 2009:
Schedule 1
10 Before paragraph 32AP(3)(a)
Insert:
(aa) copying or disclosure that is necessary for the purposes of checking whether equipment used to make a cockpit voice recording is functioning and reliable, provided the conditions set out in subsection (3A) are met; or
11 After subsection 32AP(3)
Insert:
(3A) The conditions that must be met for the purposes of paragraph (3)(aa) are:
(a) the person who copies or discloses the CVR information for the purposes of checking the equipment is authorised to do so under the regulations; and
(b) that person honestly and reasonably believes on the information available to him or her that:
(i) the cockpit voice recording does not relate to a reportable matter (as defined for the purposes of the Transport Safety Investigation Act 2003); and
(ii) the cockpit voice recording does not relate to an offence under the law of the Commonwealth, or of a State or Territory; and
(iii) the crew members in relation to the CVR information were notified in writing, before the cockpit voice recording was made, of the intention to copy or disclose the CVR information for the purposes of checking whether the equipment used to make the recording is functioning and reliable.
As at 3 June 2009 the amendments are not incorporated in this compilation.
Table A
Application, saving or transitional provisions
Civil Aviation Amendment Act 2000 (No. 8, 2000)
4 Transitional and application
(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.
(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.
(3) For the purposes of section 97AB of the Civil Aviation Act 1988, a fee that:
(a) was charged to a person at any time before the commencement of this subsection by an external service provider for a service provided under that Act, under regulations under that Act, or under the Civil Aviation Orders; and
(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.
(4) The amendments made by item 29 of Schedule 1 do not affect the validity of any regulation made before the commencement of that item, so far as the regulation prescribed fees other than for services provided by, applications or requests dealt with in any way by, or anything done by, an external service provider (within the meaning of section 97AB of the Civil Aviation Act 1988).
(5) In subsection (1):
commencement time means the time at which item 2 of Schedule 1 to this Act commenced.
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 (No. 137, 2000)
Schedule 2
418 Transitional--pre‑commencement offences
(1) Despite the amendment or repeal of a provision by this Schedule, that provision continues to apply, after the commencement of this item, in relation to:
(a) an offence committed before the commencement of this item; or
(b) proceedings for an offence alleged to have been committed before the commencement of this item; or
(c) any matter connected with, or arising out of, such proceedings;
as if the amendment or repeal had not been made.
(2) Subitem (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901.
419 Transitional--pre‑commencement notices
If:
(a) a provision in force immediately before the commencement of this item required that a notice set out the effect of one or more other provisions; and
(b) any or all of those other provisions are repealed by this Schedule; and
(c) the first‑mentioned provision is amended by this Schedule;
the amendment of the first‑mentioned provision by this Schedule does not affect the validity of such a notice that was given before the commencement of this item.
Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2001 (No. 143, 2001)
(1) Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.
(2) For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.
Civil Aviation Amendment Act 2003 (No. 105, 2003)
(1) The first corporate plan prepared by the Director under section 44 of the Civil Aviation Act 1988 must be given to the Minister within 12 months after the last corporate plan that the Board of CASA gave to the Minister under that section.
(2) The amendments made by items 22 and 23 apply to the first corporate plan prepared by the Director and each subsequent corporate plan.
(5) The person who held office as the Director immediately before the commencement of item 26 holds office as the Director after the commencement of that item as if the person had been appointed, for a period determined by the Minister for the purposes of this subsection, under section 84 of the Civil Aviation Act 1988 as amended.
(6) The period determined by the Minister for the purposes of subsection (5) must not exceed the unexpired part of the person's current term.
(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.
(8) The terms and conditions applicable under section 91 of the Civil Aviation Act 1988 continue in effect after the commencement of item 42 as if the terms and conditions had been determined by the Director.
(9) The amendment made by item 43 does not affect a delegation by the Director to a member of the staff of CASA.
(9A) The repeal of regulation 268 of the Civil Aviation Regulations 1988 by this Act does not apply to notices served by CASA before the repeal happened.
(10) In this section:
CASA means the Civil Aviation Safety Authority established by the Civil Aviation Act 1988.
Director has the meaning given by subsection 3(1) of the Civil Aviation Act 1988.
item means an item of Schedule 1.
Aviation Security Amendment Act 2004 (No. 149, 2004)
Schedule 2
3 Transitional provision
The exercise or purported exercise (whether before, at or after the commencement of this item) of the power under regulation 5 of the Air Navigation (Aviation Security Status Checking) Regulations 2004 to determine that a person has an adverse aviation security status is taken for all purposes to be, and is taken for all purposes always to have been, prescribed administrative action in respect of the person for the purposes of Part IV of the Australian Security Intelligence Organisation Act 1979.
Civil Aviation Amendment Act 2005 (No. 86, 2005)
Schedule 1
4 Definitions
In this Part:
amend includes repeal.
original Civil Aviation Regulations means the regulations purportedly made, before the commencement of this Schedule, by Statutory Rules 1988, No. 158, as the Civil Aviation Regulations 1988.
original Civil Aviation Safety Regulations means the regulations purportedly made, before the commencement of this Schedule, by Statutory Rules 1998, No. 237, as the Civil Aviation Regulations 1998.
Note: The Civil Aviation Regulations 1998 were renamed as the Civil Aviation Safety Regulations 1998 by the Civil Aviation Amendment Regulations 2002 (No 11).
5 Effect of the Civil Aviation Regulations and the Civil Aviation Safety Regulations before the commencement of this Schedule
(1) Subject to subitem (3), the rights and liabilities of all persons are, by force of this item, declared to be, and always to have been, the same as if:
(a) the amendment made by item 1 of this Schedule had been in force during the period:
(i) starting immediately before the time when the original Civil Aviation Regulations purported to commence; and
(ii) ending on the commencement of this Schedule; and
(b) regulations had been in force during that period that were in the same terms as the original Civil Aviation Regulations, as purportedly amended from time to time during that period.
(2) Subject to subitem (3), the rights and liabilities of all persons are, by force of this item, declared to be, and always to have been, the same as if:
(a) the amendment made by item 1 of this Schedule had been in force during the period:
(i) starting immediately before the time when the original Civil Aviation Safety Regulations purported to commence; and
(ii) ending on the commencement of this Schedule; and
(b) regulations had been in force during that period that were in the same terms as the original Civil Aviation Safety Regulations, as purportedly amended from time to time during that period.
(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
(b) the original Civil Aviation Safety Regulations (as purportedly amended as mentioned in paragraph (2)(b)).
6 Effect of the Civil Aviation Regulations and the Civil Aviation Safety Regulations on and after the commencement of this Schedule
(1) The original Civil Aviation 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 Regulations purported to commence; and
(b) ending on the commencement of this Schedule.
(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
(b) ending on the commencement of this Schedule.
(3) Regulations under section 98 of the Civil Aviation Act 1988 may deal with matters of a transitional, application or saving nature relating to the fact that the original Civil Aviation Regulations (as purportedly amended as mentioned in subitem (1)), and the original Civil Aviation Safety Regulations (as purportedly amended as mentioned in subitem (2)) are taken to have effect as provided in subitems (1) and (2).
Aviation Legislation Amendment (International Airline Licences and Carriers' Liability Insurance) Act 2008 (No. 87, 2008)
Schedule 2
48 Definition
In this Division:
commencement time means the time at which this Part commences.
49 Application provisions
(1) The amendments made by items 1, 3, 5, 6, 7, 8, 9, 10, 14, 15, 16 and 17 of this Schedule apply in relation to anything:
(a) done at or after the commencement time; and
(b) covered by a permission given or granted under section 25, 26 or 27A of the Civil Aviation Act 1988 before, at or after the commencement time.
(2) The amendment made by item 5 of this Schedule also applies in relation to anything:
(a) done at or after the commencement time; and
(b) covered by a permission given under section 23 of the Civil Aviation Act 1988 at or after the commencement time.
(3) The amendments made by items 11, 12 and 13 of this Schedule apply in relation to an application for an AOC made before, at or after the commencement time.
(4) The amendments made by items 19, 20, 21, 22, 24, 26 and 29 of this Schedule apply in relation to a flight or operation:
(a) conducted or carried out at or after the commencement time; and
(b) covered by an AOC issued before, at or after the commencement time.
(5) Regulations referred to in paragraph 98(3)(ba) of the Civil Aviation Act 1988, inserted by item 28 of this Schedule, may be expressed to apply in relation to an application for a permission made before, at or after the commencement time.
(6) Regulations referred to in paragraph 98(3)(bb) of the Civil Aviation Act 1988, inserted by item 28 of this Schedule, may be expressed to apply in relation to insurance and arrangements required under that Act before, at or after the commencement time.
50 Saving provisions
(1) If, immediately before the commencement time, a condition specified in a permission under section 25, 26 or 27A of the Civil Aviation Act 1988 was in force, the condition has effect, from the commencement time, as if it had been imposed under that section as amended by this Part.
53 Saving provision
(1) In this item:
Part 1 commencement time means the time at which Part 1 of this Schedule commences.
Part IA notice means a notice given under subsection 41C(1) or 41CA(1) of the Civil Aviation (Carriers' Liability) Act 1959, as in force before the Part 1 commencement time, in relation to carriage to which Part IA of that Act applies.
(2) If, immediately before the Part 1 commencement time, a Part IA notice was in force, the notice has effect, from the commencement of this item, as if it had been given under section 41JA of that Act as in force at the commencement of this item.
Civil Aviation Amendment Act 2009 (No. 19, 2009)
Schedule 2
28 Application
(1) The amendment made by item 8 of this Schedule applies to an undertaking given to CASA on or after the day on which this item commences.
(2) The amendments made by this Schedule (other than items 7 to 10 and 27) apply in relation to:
(a) if a power is exercised under a warrant issued under Part IIIA of the Civil Aviation Act 1988--a warrant issued on or after the day on which this item commences; and
(b) in any other case--a power exercised under Part IIIA of the Civil Aviation Act 1988 on or after the day on which this item commences.
Schedule 3
28 Application
(1) The amendments made by items 1 to 6 of this Schedule apply in relation to:
(a) an application for a permission or an AOC (within the meaning of the Civil Aviation Act 1988), whether made before, on or after 1 July 2009; and
(b) a permission granted before, on or after 1 July 2009; and
(c) an AOC issued before, on or after 1 July 2009.
(2) The amendment made by item 8 of this Schedule applies in relation to an offence that is committed on or after 1 July 2009.
(3) The amendments made by items 16 to 19 of this Schedule apply in relation to a decision for which a show cause notice is given by CASA on or after 1 July 2009.
29 Saving provision
The amendment made by item 23 of this Schedule does not affect the continuity of any Civil Aviation Orders given or issued under subsection 98(5) of the Civil Aviation Act 1988 and in force immediately before this item commences.
The following provision commences on 1 July 2009:
Schedule 1
25 Transitional provision relating to the Director
(1) The person holding office as the Director under section 84 of the old law immediately before 1 July 2009 is taken to have been duly appointed as the Director by the Board under section 74 of the new law:
(a) for the balance of the person's term of appointment that remained immediately before 1 July 2009; and
(b) on the terms and conditions provided for in Division 1 of Part VIIA of the new law.
(2) In this item:
new law means the Civil Aviation Act 1988 as in force immediately after the commencement of this item.
old law means the Civil Aviation Act 1988 as in force immediately before the commencement of this item.
Aviation
Legislation Amendment (2008 Measures No. 2) Act 2009
(No. 26, 2009)
4 Report of the Privacy Commissioner
(1) The Privacy Commissioner must examine the following matter:
The privacy implications for flight crew members of the provisions of the Civil Aviation Act 1988 relating to copying or disclosure of CVR information, as amended by Part 2 of Schedule 1 of this Act.
(2) In examining the matter the Privacy Commissioner must consult representatives of associations affected by the provisions.
(3) The Commissioner must produce a written report to the Minister within 15 months of the commencement of this Act about the operation of the provisions referred to in paragraph (1) over its first 12 months, and may include in the report any recommendations the Commissioner wishes to make for amendment of the provisions to address any privacy concerns.
(4) In examining and reporting on this matter the Privacy Commissioner may exercise any of the powers conferred upon him or her by the Privacy Act 1988, and may delegate any matter to a member of his or her staff as provided for by section 99 of that Act.
(5) The Minister shall cause a copy of a report given to the Minister under subsection (3) to be laid before each House of the Parliament within 15 sitting days of that House after the report is received by the Minister.
Schedule 1
26 Application of Part 2 of this Schedule
The amendments made by Part 2 of this Schedule apply to copying or disclosure that occurs on or after the commencement of that Part.