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(2) If regulations made for the purposes of subsection 34 (1) or (2) confer on
a person a power to make a decision of an administrative character, the
regulations may also make provision for and in relation to the person
delegating that power to another person.
38 Conferral of power to make legislative instruments
(1) Regulations made for the purposes of subsection 34 (1) or (2) may
empower CASA to make legislative instruments.
(2) Such an instrument must not prescribe a penalty.
39 General regulation-making power not limited
Sections 35 to 38 do not, by implication, limit section 34.
Note 1: Paragraph 98(3)(m) allows regulations to be made providing for the review of decisions
under the regulations.
Note 2: Paragraphs 98(3)(p) and (q) allow regulations to be made providing for penalties for
contraventions of the regulations.
Note 3: Subsection 98(3A) allows regulations to apply, adopt or incorporate any matter contained in a
written instrument or other document as in force at a particular time or from time to time.
Civil Aviation Act 1988
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
73
PART V — CORPORATE PLAN
44 Corporate plan
(1) The Director must prepare a corporate plan at least once a year and give it
to the Minister for the Minister’s approval.
(2) The plan must cover a period of at least 3 years.
(3) The Director must keep the Minister informed about:
(a) significant changes to the plan; and
(b) matters that arise that might significantly affect the achievement of
the objectives of the plan.
(4) The plan must include details of the following matters:
(a) assumptions about CASA’s operational environment;
(b) the strategies of CASA;
(c) performance measures for CASA;
(d) review of performance against previous corporate plans;
(e) analysis of risk factors likely to affect safety in the aviation industry;
(f) human resource strategies and industrial relations strategies.
(5) The plan must also cover any other matters required by the Minister,
which may include further details about the matters in subsection (4).
(6) In preparing the plan, the Director must take account of notices given
under section 12A.
45 Minister’s response to corporate plan
(1) The Minister must respond to a corporate plan within 60 days of being
given the plan.
(2) The Minister’s response may include a direction to the Director to vary
the plan.
(3) A direction under subsection (2) must be in writing and must set out its
reasons.
(4) If directing a variation of the corporate plan, the Minister must consider:
(a) the objects and policies of the Commonwealth Government; and
(b) the objectives of this Act; and
(c) any other considerations the Minister thinks appropriate.
(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.
(6) The Minister must cause a copy of the corporate plan to be laid before
each House of Parliament:
(a) within 15 sitting days after the Minister responded to the plan, if the
Minister’s response did not include a direction to vary the plan; or
(b) within 15 sitting days after the Minister received a revised plan, if
the Minister’s response included a direction to vary the plan.
Civil Aviation Act 1988
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
74
PART VI — FINANCE
46 CASA to be paid money appropriated by Parliament
(1) There is payable to CASA such money as is appropriated by the
Parliament for the purposes of CASA.
(2) The Minister for Finance may give directions as to the amounts in which,
and the times at which, the money is to be paid to CASA.
47 Application and investment of money
(1) CASA’s money may only be applied:
(a) in payment or discharge of the expenses, charges, obligations and
liabilities incurred or undertaken by CASA in, or in connection with,
the performance of its functions or the exercise of its powers; and
(b) in payment of any remuneration or allowances payable under this
Act.
(2) Subsection (1) does not prevent investment of any surplus money of
CASA under section 18 of the Commonwealth Authorities and
Companies Act 1997.
49 Extra matters to be included in annual report
(2) CASA must include the following particulars in each annual report
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