civil aviation act 1988

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CASA is not subject to taxation under any law of a State or Territory. For this purpose, modifications includes omissions, additions and substitutions. (ii)  before the holder was given the infringement notice; (c)  the holder is not required to pay the penalty specified in the infringement notice; and. 49  Extra matters to be included in annual report. (4)  In this section, flight time has the same meaning as in the regulations. (b)  all material required by the regulations or Civil Aviation Orders. (1)  A recording is a CVR (or cockpit voice recording) for the purposes of this Part if: (a)  the recording consists of (or consists mainly of) sounds or images, or sounds and images, of persons on the flight deck of an aircraft; and, (b)  the recording was made in order to comply with a law of the Commonwealth; and. 32AHA  Magistrate may permit a thing to be retained. The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law. 10, 11, 13–15 and 19: Royal Assent (c) S. 12: (c) S. 16: (c) S. 17: (c) S. 18: 20 June 1990 (c), Part 2 (ss. ICAO means the International Civil Aviation Organization referred to in the Chicago Convention. 11, 1991; No. (b)  a new civil aviation authorisation to undertake the previously authorised activity is not to be granted to the person. 13–17: Royal Assent (f) S. 18: 1 July 1991 (f), Schedule (Part 1): 10 Mar 1993 (see Gazette 1993, No. The Public Records Act 1958. Application (1) This section applies in relation to an operation covered by an AOC if any of the following provisions apply in relation to the operation: (a) subsection 41E(1) or (3) of the Civil Aviation (Carriers' Liability) Act 1959 ; (2)  The Director may, in writing, delegate the Director’s powers under sections 44, 45 and 91 of this Act to an officer. 1995, Civil Aviation Act 1988 and Civil Aviation Regulations Australian Govt. Please see Wikipedia's template documentation for further citation fields … (2)  The amendments made by items 22 and 23 apply to the first corporate plan prepared by the Director and each subsequent corporate plan. No. (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. 32AP  Copying or disclosing CVR information. See subsection 13.3(3) of the Criminal Code. (e)  that the applicant has given CASA a copy of either: (i)  the certificate of airworthiness of the aircraft; or. 105, 2003; No. 105, 2003). (b)  do any act that threatens the safety of the aircraft or of persons on board the aircraft. 30DX  Demerit points are incurred in relation to a class of authorisations. (f)  flight service services and facilities. (1)  If CASA suspends a civil aviation authorisation under section 30DC, CASA may, before the end of the fifth business day after the day on which the holder of the authorisation was notified of the suspension, apply to the Federal Court for an order under this section. Aviation Safety Research Act of 1988 - Amends the Federal Aviation Act of 1958 to direct the Administrator of the Federal Aviation Administration (FAA) to initiate aviation maintenance and safety research on: (1) fire and smoke resistance technologies; (2) specified … REVISED EDITION 1988 CHAPTER 159 CIVIL AVIATION ARRANGEMENT OF SECTIONS PART I Regulation and Control of Civil Aviation 2. (8A)  Subsection (8) does not apply if the person has a reasonable excuse. (2)  A person must not consign for carriage any cargo on board an aircraft, in circumstances in which regulations made for the purposes of subsection (1) require a statement to be made, unless: (b)  the person responsible for delivery of the cargo has been given; a statement that complies with the regulations made for the purposes of that subsection. (b)  an authority of the Commonwealth; or. A .......... of Div. Summary. (5)  An offence under subsection (3) is an offence of strict liability. (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). 59, 60 ................................ S. 61 ........................................ S. 62 ........................................ S. 62A ..................................... Ss. 30EI  Demerit points incurred to be included in register. The Civil Aviation Act 1988 received the Royal Assent on 15 June 1988. No. CIVIL AVIATION ACT 1988 - SECT 9 CASA's functions (1) CASA has the function of conducting the safety regulation of the following, in accordance with this Act and the regulations: (a) civil air operations in Australian territory; (b) the operation of Australian aircraft outside Australian territory; (ba) ANZA activities in New Zealand authorised by Australian AOCs with ANZA privileges; authorised officer means an officer authorised by CASA in writing to act under the provision in which the expression occurs. aviation safety standards means standards relating to the following: (a)  the flight crews engaged in operations of aircraft; (b)  the design, construction, maintenance, operation and use of aircraft and related equipment; (c)  the planning, construction, establishment, operation and use of aerodromes; (d)  the establishment and use of airspace; (e)  the planning, construction, establishment, maintenance, operation and use of: (i)  facilities of the kind referred to in paragraph 8(1)(a) of the Air Services Act 1995; and, (ii)  services of the kind referred to in paragraph 8(1)(b) of the Air Services Act 1995; and. (ii)  it is in a wrecked or damaged condition. 30ED  Details in a demerit cancellation notice. (1)  In exercising a power under this Act or the regulations to vary, suspend or cancel a civil aviation authorisation, CASA must disregard a reportable contravention if the holder of the authorisation proves to CASA, in accordance with section 30DP, that the holder reported the contravention to the prescribed person: (a)  within 10 days after the contravention; and. Power to make regulations 4. 4A  Application to aircraft subject to 83 bis agreements. Subdivision B—Suspension for contravening the serious and imminent risk prohibition, 30DB  Serious and imminent risk prohibition. (3)  Without limiting the generality of subsections (1) and (2), those subsections include the power to make regulations for or in relation to the following: (aa)  the design and manufacture of aircraft; (a)  the registration, marking and airworthiness of aircraft; (b)  the manner of applying for AOCs, including the information that may be required, and the conditions to be satisfied, for the issue of AOCs; (c)  requiring persons performing specified functions in relation to the operation or maintenance of aircraft and aerodromes to be the holders of licences, permits or certificates of specified kinds, and providing for the grant, issue, cancellation, suspension or variation of such licences, permits and certificates; (d)  the planning, construction, establishment, operation and use of aerodromes, including the licensing of aerodromes; (e)  the planning, construction, establishment, maintenance, operation and use of air route and airway facilities, including the obtaining of meteorological information; (f)  hygiene, sanitation and public health at aerodromes; (g)  the prohibition of the construction of buildings, structures or objects, the restriction of the dimensions of buildings, structures or objects, and the removal in whole or in part or the marking or lighting of buildings, structures or objects (including trees or other natural obstacles) that constitute or may constitute obstructions, hazards or potential hazards to aircraft flying in the vicinity of an aerodrome, and such other measures as are necessary to ensure the safety of aircraft using an aerodrome or flying in the vicinity of an aerodrome; (h)  empowering CASA, or an officer authorised by CASA, to give or issue directions or instructions to all or any of the persons holding licences, permits or certificates under this Act or the regulations, being directions or instructions with respect to matters affecting the safe navigation and operation, or the maintenance, of aircraft, and providing for the manner in which such directions and instructions are to be notified; (j)  the formal proof and authentication of instruments made or issued under this Act or the regulations; (k)  the powers (including powers of arrest) that may be exercised by members of the crew of an aircraft, in relation to persons on board the aircraft, for the purpose of ensuring the safety of the aircraft or of its passengers, crew or cargo or otherwise for the purposes of this Act or the regulations; (ka)  requiring specified persons to prepare or alter flight manuals, operations manuals, procedures manuals, maintenance manuals, systems of maintenance and other specified manuals and documents relating to the safe operation of aircraft; (kb)  the approval by CASA of such manuals, systems and documents and of alterations of them; (kc)  empowering CASA to prepare and alter such manuals, systems and documents; (kd)  requiring specified persons to comply with such manuals, systems and documents as in force at a particular time or from time to time; (m)  the review of decisions made under the regulations; (p)  the imposition of penalties, not exceeding a fine of 50 penalty units, for a contravention of a provision of the regulations or a direction, instruction or condition issued, given, made or imposed under, or in force by virtue of, the regulations; (q)  enabling a person who is alleged to have contravened a specified provision of the regulations to pay to CASA, as an alternative to prosecution, a specified penalty, not exceeding an amount equal to one-fifth of the maximum penalty prescribed for contravening that provision; (r)  standards relating to the establishment and use of airspace; (ra)  formulating a scheme in relation to security status checking; (s)  the planning, construction, establishment, maintenance, operation and use of: (t)  the personnel engaged in anything referred to in paragraph (s); (u)  prescribing fees (either by specifying amounts or by prescribing a method of calculation) in relation to services, applications or requests, or the doing of anything, under this Act, the regulations or the Civil Aviation Orders, other than 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); (v)  prescribing fees (either by specifying amounts or by prescribing a method of calculation) in relation to services, applications or requests, or the doing of anything by CASA under the Aviation Transport Security Act 2004. Uncommenced amendments 30DZ  Second-time demerit suspension notice, (b)  taken together with demerit points incurred by the holder for offences committed by the holder in the 3 years ending on the day the offence was committed, the holder has incurred at least 6 demerit points in relation to the same class of authorisations; and. (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. A magistrate may, on application by CASA, make an order authorising CASA to destroy, or otherwise dispose of, specified goods seized under section 32AH, if the magistrate is satisfied that: (a)  apart from this section, an investigator is required to return the goods to a person; and, (i)  the investigator cannot, despite making reasonable efforts, locate the person; or. (b)  the day is a day prescribed by the regulations for the purposes of this section. CIVIL AVIATION ACT 1988 - SECT 3 Interpretation In this Act, unless the contrary intention appears: 83 bis agreement means an agreement entered into under Article 83 bis of the Chicago Convention. Note:          Some references to Australian aircraft may be affected by the operation of section 4A. civil aviation, supplementary to the convention for the suppression of unlawful acts against the safety of civil aviation, sone at montreal, on 23 september 1971 , signed at montreal on 24 february 1988 (montreal protocol 1988) the states parties to this protocol considering that unlawful acts of violence which endanger or foreign aircraft AOC means an AOC authorising the operation of a foreign registered aircraft on flights that are not regulated domestic flights. (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. air route and airway facilities means facilities provided to permit safe navigation of aircraft within the airspace of air routes and airways, including: (a)  visual and non-visual aids along the air routes and airways; (b)  visual and non-visual aids to approach and landing at aerodromes; (e)  air traffic control services and facilities; and. 27AE  Application for foreign aircraft AOC. (3)  Nothing in subsection (1) or (2) limits the power to make regulations under this Act that provide for an offence of undertaking another activity without the appropriate civil aviation authorisation or special authorisation under the regulations. (i)  any part of the recording was made while the aircraft was on a constitutional journey, or was made incidentally to such a journey; (ii)  at the time when the recording was made, the aircraft was owned or operated by a constitutional corporation or Commonwealth entity; and. 30EB  Suspension period not to be served concurrently. (2)  The period for which the undertaking applies must not exceed 6 months. Pub. (a)  a party (being CASA or the holder of the civil aviation authorisation concerned) applies to vary the period of an order; and. CVR or cockpit voice recording has the meaning given by section 32AO. When a New Zealand AOC with ANZA privileges is in force for Australia 3A. (7)  At any time before the end of the period mentioned in paragraph (5)(b), the holder may apply to the Tribunal for an order under subsection 41(2) of the Administrative Appeals Tribunal Act 1975. Civil Aviation Act 1982. 21  Interference with aeronautical facilities. (2)  A person acting as the Director is to be paid such remuneration and allowances as the Minister determines. 8, 2000; Nos. (2)  Before terminating the Director’s appointment, the Minister must have received a report about the proposed termination from the Secretary of the Department. (s)     Subsection 2(1) (item 2) of the Transport Safety Investigation (Consequential Amendments) Act 2003 provides as follows: Immediately after the commencement of section 3 of the Transport Safety Investigation Act 2003. Act No. 25, 1990; Nos. (a)   the start of the day on which this Act receives the Royal Assent; and. Weather etc. by 152, 1997, Sch 3 [item 6]) S. 18(3) (am. (b)  the holder proves to CASA, in accordance with section 30DP, that the holder reported the contravention to the prescribed person: (i)  within 10 days after the contravention; and. A person is not entitled to take any disciplinary action against a crew member on the basis of CVR information. aviation security means a combination of measures and human and material resources intended to safeguard civil aviation against acts of unlawful interference. 27AD CASA may require proving flights etc. (5)  CASA may, at any time, by written notice given to the holder of the permission, vary the conditions or impose further conditions if CASA considers it necessary to do so in the interests of the safety of air navigation. Civil Aviation Act 1988. No. Creation Date. Civil Aviation Act 1988 Civil Aviation Regulations 1988 Exemption - Class A aircraft used in private operations and maintenance controllers. (3)  A person appointed as Director is eligible for re-appointment. (1)  A person must not fly an aircraft within Australian territory if: (a)  the aircraft is not registered under the regulations; and. civil aviation amendment act 1982 elizabeth ii 1982 chapter 1 Nov 23, 2020 Posted By David Baldacci Public Library TEXT ID 7616ebe6 Online PDF Ebook Epub Library federal responsibilities for non military aviation from the bureau of air commerce to a new independent agency the civil aeronautics authority the legislation also gave the (c)  any information obtained from a CVR or any part of a CVR. (1)  In addition to any other powers conferred on it by this Act, CASA has, subject to this Act, power to do all things necessary or convenient to be done for or in connection with the performance of its functions. (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. If the holder of a civil aviation authorisation incurs demerit points, the demerit points are incurred in relation to the class of authorisations to which the offence relates. (5)  If the Minister’s response includes a direction to vary the corporate plan, the Director must prepare a revised plan and give it to the Minister for the Minister’s approval within 28 days of being given the response. 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