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carrying out or giving effect to this Act;
(c) for the purpose of carrying out and giving effect to the provisions of
the Chicago Convention relating to safety;
(d) in relation to safety of air navigation within a Territory or to or from
a Territory;
Civil Aviation Act 1988 81
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 3 – March 2007 Civil Aviation Safety Authority
(e) in relation to safety of air navigation, being regulations with respect
to trade and commerce with other countries and among the States;
and
(f) in relation to safety of air navigation, being regulations with respect
to any other matter with respect to which the Parliament has power to
make laws.
(2) The regulations may apply in relation to state aircraft.
(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;
82 Civil Aviation Act 1988
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 3 – March 2007 Civil Aviation Safety Authority
(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 to 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;
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