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The Minister may grant leave of absence to the Director on such terms and
conditions as to remuneration or otherwise as the Minister determines in
writing.
88 Resignation
The Director may resign by instrument in writing delivered to the Minister.
89 Director holds office during Minister’s pleasure
(1) The Director holds office during the Minister’s pleasure.
(2) Before terminating the Director’s appointment, the Minister must have
received a report about the proposed termination from the Secretary of
the Department.
Civil Aviation Act 1988
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
77
90 Acting Director
(1) The Minister 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 is absent
from duty or from Australia or is, for any other reason, unable to
perform the functions of the office;
but a person appointed to act during a vacancy shall not continue so to act
for more than 12 months.
(2) A person acting as the Director is to be paid such remuneration and
llowances as the Minister determines.
(4) Anything done by a person purporting to act under an appointment under
this section is not invalid merely because:
(a) the occasion for the appointment had not arisen;
(b) there was a defect or irregularity in or in connection with the
appointment;
(c) the appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had ceased.
91 Staff of CASA
The staff of CASA are to be persons appointed or employed by CASA on
such terms and conditions as are determined by the Director in writing.
92 Consultants
CASA may engage such consultants as it thinks necessary.
Civil Aviation Act 1988
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
78
PART VIII — MISCELLANEOUS
94 Delegation by the Director
(1) The Director may, in writing, delegate all or any of CASA’s powers
under this Act to an officer.
(2) The Director may, in writing, delegate the Director’s powers under
sections 44, 45 and 91 of this Act to an officer.
94A Delegation by Minister
(1) The Minister may delegate the Minister’s powers under sections 85, 87
and 90 to the Secretary of the Department.
(2) In exercising any powers under the delegation, the Secretary must comply
with any directions of the Minister.
96 Tabling of directions, notices etc. of the Minister
(1) Where the Minister gives a direction under section 12, 12B, 12D or 45 or
a notice under section 12A, the Minister shall cause a copy of the
direction or notice to be laid before each House of the Parliament within
15 sitting days of that House after the giving of the direction or the
notice.
(2) If the Director and the Minister enter into an agreement under
section 12C, the Minister must cause a copy of the agreement to be laid
before each House of the Parliament within 15 sitting days of that House
after the agreement is entered into.
97 Payment of prescribed fees
(1) If a prescribed fee is payable in relation to the doing of any thing under
this Act, that thing is not required to be done until the fee is paid.
(2) Payment of a prescribed fee by cheque is taken not to have been made
until the cheque is honoured on presentation.
97AA Prescribed fees payable to CASA
(1) A fee prescribed by regulations made under a provision of this Act is
payable to CASA.
(2) An unpaid fee is a debt due to CASA and recoverable by CASA in a
court of competent jurisdiction.
(3) The regulations may make provision for the collection and recovery of
any unpaid fees. In particular, the regulations may:
(a) prescribe the time when fees are due for payment; and
(b) prescribe penalties for late payment of fees.
(4) A penalty prescribed by the regulations must not exceed a penalty
equivalent to 1.5% of the unpaid amount of the fee for each month or part
of a month during which the fee is unpaid, calculated from the date on
which the fee is due and payable, and compounded.
Civil Aviation Act 1988
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
79
97AB Charging of fees by external service providers
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