civil aviation act 1988 explanatory memorandum

On December 28th, 2020, posted in: Uncategorized by

A Board member holds office for the period specified in the instrument of appointment. November 2019, Includes amendments up to:            , in relation to an aerodrome, includes manage, maintain and improve the aerodrome. manoeuvring area means that part of an aerodrome to be used for the take‑off and landing of aircraft and for the movement of aircraft associated with take‑off and landing, but does not include any part of an aerodrome to be used: (a)  for the purpose of enabling passengers to board aircraft or disembark from aircraft; (b)  for loading cargo on to aircraft or unloading cargo from aircraft; or. prescribed person means the person prescribed under section 30DM. (10)  For the purpose of subsection (2A) as it applies to an Australian AOC with ANZA privileges, a foreign registered aircraft does not include an aircraft registered in New Zealand. The effect of uncommenced amendments is not shown in the text of the compiled law. 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. (3)  Subsection (2) does not apply if the person has a reasonable excuse. ICAO means the International Civil Aviation Organization referred to in the Chicago Convention. (4)  A consent may be expressed to be limited to entry during a particular period. 31A  Automatic stay of certain reviewable decisions. (b)  the regulations do not authorise the flight without the certificate. (2A)  An AOC may authorise the flying or operation of an aircraft, other than the operation of a foreign registered aircraft on regulated domestic flights, by authorising the flying or operation of aircraft included in a class of aircraft described in the AOC. (3)  A direction under subsection (2) must be in writing and must set out its reasons. (6)  A reference in subsection (1) or (3) to the state of mind of a person includes a reference to: (a)  the knowledge, intention, opinion, belief or purpose of the person; and. 2.3 According to the explanatory memorandum 1, received from Fisheries Western Australia, the Amendment Regulations have been promulgated to provide for: (a) the regulation of aircraft in the Abrolhos Islands Reserve; and (b) the refund of fees paid under the Act. (5)  If CASA makes a decision under subsection (3), the notice of its decision must include a summary of section 31A. 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. The information includes commencement details for amending (b)  legislative instruments made under this Act or the regulations; or. is short for Australia New Zealand Aviation. 12A Minister may give the Board notices about its strategic direction etc. (1)  A fee prescribed by regulations made under a provision of this Act is payable to CASA. 30C  Court to give CASA details of exclusion orders, (a)  orders made under subsection 30A(1); and. (8)  If the exclusion period ends before the period for which the old authorisation was granted, CASA is to return the authorisation to the person as soon as practicable after the end of the exclusion period. (2A)  CASA must not suspend or cancel an AOC of the kind to which paragraph (2)(a) applies or an authorisation of the kind to which paragraph (2)(b) applies except: (a)  to ensure compliance with the provisions of this Act, the regulations, and the Civil Aviation Orders, relating to safety; or. (7)  A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory. Amendments to the Civil Aviation Act - Explanatory Memorandum: Replacing "domestic commercial flight" with "regulated domestic flight". (4)  If the Minister is of the opinion that: (a)  CASA has failed to comply with section 12B; or. Offence for stating incorrect names in telephone warrants.............. 32AMC. (1)  An investigator executing a warrant must, before any person enters premises under the warrant: (a)  announce that he or she, and any other person who enters the premises under the warrant, is authorised to enter the premises; and. When a New Zealand AOC with ANZA privileges is. 28E  Revocation of an Australian temporary stop notice. 32AMB  Offence for stating incorrect names in telephone warrants, (a)  the person states a name of a magistrate in a document; and, (b)  the document purports to be a form of warrant under section 32AG; and. (d)  disclosure of CVR information to a court in criminal proceedings against a person who is a crew member for an offence against a law of the Commonwealth, a State or a Territory punishable by a maximum penalty of imprisonment for life or more than 2 years, where: (i)  the offence does not arise as a result of an act done or omitted to be done in good faith in the performance of the person’s duties as a crew member; and, (ii)  the court makes a public interest order under subsection (4) in relation to the CVR information; or. (8)  Where, in any proceedings, the court must be satisfied that an entry, search, seizure, or other exercise of power, was authorised under this section, and the warrant signed by a magistrate under this section authorising the entry, search, seizure, or other exercise of power, is not produced in evidence, the court must assume, unless the contrary is proved, that the entry, search, seizure, or other exercise of power, was not authorised by such a warrant. (3)  CASA must notify the Director of CAA New Zealand of its decision, and if its decision is to take action, what that action is. (d)  evidence relating to the management and control of the applicant’s operations. (a)  in the case of a heavier‑than‑air aircraft, the operation of the aircraft from the moment at which the aircraft first moves under its own power for the purpose of taking‑off until the moment at which it comes to rest after being airborne; and. 31D  CASA may still suspend for a serious and imminent risk. 108, 32AMA Making false statements in warrants............................................... 108, 32AMB. (b)  CASA has not entered into an agreement of a kind referred to in paragraph 28A(1)(a) that is necessary to permit the issue of an AOC authorising that operation; the person may apply for a permission for the aircraft to be so operated. Occupier entitled to watch search...................................................... 96, 32AHE.. (3)  If a person applies to CASA for a permission under this section, CASA must grant the permission if CASA is satisfied that the person has complied with, or is capable of complying with: (a)  if the person does not have a commercial presence in Australia—the condition referred to in paragraph (4)(a) (if applicable); and. (2)  Subsection (1) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of CASA. 30A  Court may impose exclusion period if offence committed, (a)  a person is convicted of an offence against this Act or the regulations; and, (b)  the person holds a civil aviation authorisation (in this section called the old authorisation); and, (c)  the old authorisation authorises the person to undertake a particular activity (in this section called the previously authorised activity); and. (c)  the holder has not previously been given a demerit suspension notice in relation to that class of authorisations. (3)  This section does not prevent 2 or more areas of the premises being searched at the same time. provide a service includes deal with an application or request or do anything. 32AHJ.. Accessing data held on other premises—notification to occupier of those premises. provide includes maintain, operate and use. 28D  Director’s power to give an Australian temporary stop notice to holder of New Zealand AOC with ANZA privileges. (5)  The court may direct that CVR information, or any information obtained from the CVR information, must not: (a)  be published or communicated to any person; or. (4)  Any conduct engaged in on behalf of a person other than a body corporate by an employee or agent of the person within the scope of his or her actual or apparent authority is to be taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the first‑mentioned person unless the first‑mentioned person establishes that the first‑mentioned person took reasonable precautions and exercised due diligence to avoid the conduct. (4)  If the investigator or the person assisting him or her believes on reasonable grounds that expert assistance will not be available within 24 hours, he or she may apply to a magistrate for an extension of that period. the end of the fifth business day after the last day of the period specified in the show cause notice. (a)  aircraft of any part of the Defence Force (including any aircraft that is commanded by a member of that Force in the course of duties as such a member); and. Note:          The suspension period for a particular authorisation may be affected by section 30EB. (1)  The additional conditions of which CASA must be satisfied for the purposes of paragraph 28(1)(c) are: (a)  that CASA has entered into agreements with: (i)  the authority responsible for regulating civil aviation in the country where the aircraft is registered; and, (ii)  if, when the application for the AOC is made, the aircraft is operating in another country under an air operator’s certificate, or a document to substantially the same effect, issued by the authority responsible for regulating civil aviation in that other country (a foreign certificate)—the body that issued the foreign certificate; and, (b)  that each agreement sets out the areas of responsibility of the parties to the agreement in relation to the supervision of flight operations, the maintenance, and the airworthiness, of aircraft covered by the agreement; and. means the Civil Aviation Authority established by the Civil Aviation Act 1990. means the Civil Aviation Safety Authority established by this Act. (b)  the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted; the person is not liable to be punished by imprisonment for that offence. Functions........................................................................................ 128, Division 2—Appointment etc. aeronautical product means any part or material that is, or is intended by its manufacturer to be, a part of or used in an aircraft, unless excluded by the regulations. (2)  A notification under subsection (1) must include sufficient information to allow the occupier of the other premises to contact the investigator. Details in a demerit cancellation notice.............................................. 30EE..... Expiry of demerit points.................................................................... 30EF..... CASA may reinstate if satisfied that holder’s livelihood depends on authorisation. Offence for giving unexecuted form of warrant.............................. 109, Division 4—Miscellaneous                                                                                     110, 32AMF. 151, Endnote 1--About the endnotes                                                                          (b)  the equipment can be operated without damaging it. has the meaning given by subsection 28D(1). (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. 31B  Stay ends if application is withdrawn. Termination of appointment............................................................ 138, 82.......... Acting Director............................................................................... 138, Division 2—Staff of CASA                                                                                     139, 83.......... Staff of CASA................................................................................ 139, 84.......... Consultants..................................................................................... 139, Part VIII—Miscellaneous                                                                                              140, 94.......... Delegation by the Director.............................................................. 140, 95.......... Delegation by Board....................................................................... 140, 95A....... Delegation by Secretary of the Department..................................... 140, 96.......... 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