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(1) The Minister may enter into an agreement with the Director about the
performance of CASA’s functions and the exercise of CASA’s powers.
(2) The Director must take all reasonable steps to comply with the terms of
an agreement.
(3) The Director must notify the Minister of any matters that may
significantly affect the Director’s ability to comply with a term of an
agreement.
(4) Subsection (1) does not permit an agreement to the extent that a term of
the agreement would have the effect of requiring CASA to perform a
function or exercise a power in relation to a particular case or a particular
holder of a civil aviation authorisation.
12D CASA must report to the Minister as required
(1) The Minister may direct CASA to report to the Minister or to the
Secretary of the Department in accordance with arrangements specified
by the Minister and about matters specified by the Minister.
(2) CASA must comply with a direction under subsection (1).
13 CASA’s powers
(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.
(2) Without limiting the generality of subsection (1), the powers include,
subject to this Act, power:
(a) to enter into contracts; and
(b) to acquire, hold and dispose of real and personal property; and
(e) to let on hire plant, machinery, equipment or goods of CASA not
immediately required by CASA; and
14 Civil Aviation Act 1988
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 3 – March 2007 Civil Aviation Safety Authority
(f) to do anything incidental to any of the powers specified in this
subsection or otherwise conferred on CASA.
(4) Where CASA may provide a service, CASA may do so:
(a) itself;
(b) in co-operation with another person (including the Commonwealth);
or
(c) by arranging for another person (including the Commonwealth) to do
so on its behalf.
(5) CASA may appoint a body or bodies to advise CASA in relation to the
performance of its functions.
16 Consultation
In the performance of its functions and the exercise of its powers, CASA
must, where appropriate, consult with government, commercial,
industrial, consumer and other relevant bodies and organisations
(including ICAO and bodies representing the aviation industry).
Civil Aviation Act 1988 15
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
PART III — REGULATION OF CIVIL AVIATION
Division 1 — General regulatory provisions
18 Permissions must be based on safety matters
(1) If a person applies to CASA for a permission, CASA must give the
permission if CASA is satisfied that the person has complied with, or is
capable of complying with, the safety rules (including rules about the
competence of persons to do anything that would be covered by the
permission).
(2) CASA must not do any of the following, except to ensure compliance
with the safety rules:
(a) impose a condition on a permission;
(b) vary a condition of a permission;
(c) suspend or cancel a permission.
(3) In this section:
permission means a permission under this Part, (other than paragraph
19 (2) (c) or section 27A) but does not include an AOC.
safety rules means the provisions of this Act, and of the regulations, that
relate to safety.
19 Civil Air Ensign
(1) The design and colours of the Civil Air Ensign of Australia are as
specified by notification in the Gazette on 4 March 1948, until another
ensign is appointed in its place under section 5 of the Flags Act 1953.
(2) The Civil Air Ensign of Australia may be flown or otherwise displayed:
(a) by CASA; or
(aa) by AA; or
(b) on an Australian aircraft engaged in international air navigation; or
(c) with the permission of CASA and in accordance with any conditions
specified in the permission.
(3) Except as provided in subsection (2), a person shall not fly or otherwise
display the Civil Air Ensign.
Penalty: 5 penalty units.
(4) An offence under subsection (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
20AA Flying unregistered aircraft etc.
Flying an unregistered aircraft
(1) A person must not fly an aircraft within Australian territory if:
(a) the aircraft is not registered under the regulations; and
(b) the aircraft is, under this Act or those regulations, required to be
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