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(r) standards relating to the establishment and use of airspace;
(ra) formulating a scheme in relation to security status checking;
(s) the planning, construction, establishment, maintenance, operation and
use of:
(i) services and facilities of the kind covered by paragraph
8 (1) (a) of the Air Services Act 1995; and
(iii) services of the kind referred to in paragraph 6 (1) (b) of the
Australian Maritime Safety Authority Act 1990 to the extent
that those services use aircraft.
and any construction associated with those facilities or services;
(t) the personnel engaged in anything referred to in paragraph (s);
(u) prescribing fees (either by specifying amounts or by prescribing a
method of calculation) in relation to services, applications or
requests, or the doing of anything, under this Act, the regulations or
the Civil Aviation Orders, other than services provided by,
applications or requests dealt with in any way by, or anything done
by, an external service provider (within the meaning of section
97AB);
Civil Aviation Act 1988 83
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Replacement Page – Amdt No. 2 – September 2006 Civil Aviation Safety Authority
(v) prescribing fees (either by specifying amounts or by prescribing a
method of calculation) in relation to services, applications or
requests, or the doing of anything by CASA under the Aviation
Transport Security Act 2004.
(3AA) Despite the ANZA mutual recognition agreements, the regulations cannot
allow for the mutual recognition of ANZA safety certifications (other
than AOCs) between Australia and New Zealand. For this purpose, an
ANZA safety certification is:
(a) a civil aviation authorisation; or
(b) an aviation document, within the meaning of the Civil Aviation Act
1990 of New Zealand.
(3AB) Subsection (3AA) does not prevent the making of regulations for
purposes connected with the Trans-Tasman Mutual Recognition Act
1997.
(3A) The regulations may make provision for or in relation to a matter by
applying, adopting or incorporating, with or without modification, any
matter contained in a written instrument or other document, as in force at
a particular time or from time to time. For this purpose, modifications
includes omissions, additions and substitutions.
(3B) Nothing in this Act (including, in particular, subsection 9 (1), subsection
13 (4) and section 94) is to be taken to prevent regulations being made
which provide for the delegation of:
(a) a function conferred on CASA under subsection 9 (1); or
(b) a power of CASA for or in connection with the performance of that
function;
to a person who is not an officer.
(4) Where the regulations provide for the removal, marking or lighting of
anything referred to in paragraph (3) (g), the regulations shall also
provide for the payment of compensation to any person who suffers loss
or damage or incurs expense in or as a direct result of the removal,
marking or lighting.
(4A) CASA may issue Civil Aviation Orders, not inconsistent with this Act or
the regulations, and not prescribing any pecuniary penalty, with respect to
any matter in relation to which regulations may be made for the purposes
of section 23, 23B or 28BA.
(4B) An order issued under subsection (4A) is a legislative instrument, but
Part 6 of the Legislative Instruments Act 2003 does not apply to the order.
(5) Where the regulations provide for a direction, instruction, notification,
permission, approval or authority to be given or issued in the form of a
Civil Aviation Order, an Order so given or issued after the
commencement of this section is a legislative instrument, but Part 6 of
the Legislative Instruments Act 2003 does not apply to the order.
Subsections
98 (3AA) and
(3AB) commence
at the
same time as
provision(s)
covered by
section 26A
table item 2
(Act No.
102/2006).
Act No.
102/06
Act No.
109/06
84 Civil Aviation Act 1988
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Replacement Page – Amdt No. 2 – September 2006 Civil Aviation Safety Authority
(5A) The regulations may empower CASA to issue instruments in relation to
the following:
(a) matters affecting the safe navigation and operation, or the
maintenance, of aircraft;
(b) the airworthiness of aircraft.
An instrument must not prescribe a penalty.
(5B) An instrument issued under subsection (5A) is a legislative instrument,
but Part 6 of the Legislative Instruments Act 2003 does not apply to the
instrument.
(5C) Subsection (5A) is not taken to affect CASA’s power to issue directions
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