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or instructions under paragraph 98 (3) (h).
(6) The preceding provisions of this section (including provisions that do not
contain references to the States or to a Territory) have effect as if the
Northern Territory were a State.
(6A) The regulations may contain provisions relating to medical standards that
are inconsistent with the Sex Discrimination Act 1984 if the inconsistency
is necessary for the safety of air navigation.
Note: See also Part 2 of Schedule 1 to the Civil Aviation Amendment Act 2005.
(6B) The regulations may contain provisions that are inconsistent with the
Disability Discrimination Act 1992 if the inconsistency is necessary for
the safety of air navigation.
Note: See also Part 2 of Schedule 1 to the Civil Aviation Amendment Act 2005.
(6C) CASA must consult the Human Rights and Equal Opportunity
Commission about any proposal that regulations be made containing
provisions that are inconsistent as mentioned in subsection (6A) or (6B).
However, a failure to consult the Commission does not affect the validity
of any regulations so made.
(7) A law of a Territory (not being a law of the Commonwealth) does not
have effect to the extent to which it is inconsistent with a provision of the
regulations having effect in that Territory, but such a law shall not be
taken to be inconsistent with such a provision to the extent that it is
capable of operating concurrently with that provision.
Act No.
109/06
Civil Aviation Act 1988 Notes – 1
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
NOTES
1. Part 3 of the Civil Aviation Legislation Amendment Act 1995, Act No. 82/95 reads as
follows:
PART 3 — TRANSITIONAL
7 Interpretation
In this part, unless to the contrary intention appears;
AA means Airservices Australia established by the Air Services Act.
AA employee means a person employed by AA under section 41 of the
Air Services Act.
Air Services Act means the Air Services Act 1995.
assets means any legal or equitable estates or interests in real or personal
property, whether actual, contingent or prospective, and includes all
rights, powers, privileges and immunities, whether active, contingent or
prospective.
authorised person means the Minister, or an officer of the Department
authorised by the Minister for the purposes of this Part.
CAA means the Civil Aviation Authority established under the Civil
Aviation Act, as in force immediately before the commencing time.
CAA staff member means a person who was a member of the CAA
immediately before the commencing time.
CAC Act means the Commonwealth Authorities and Companies Act
1997.
CASA means the Civil Aviation Safety Authority established by the Civil
Aviation Act.
CASA staff member means a person appointed or employed by CASA
under section 91 of the Civil Aviation Act.
Civil Aviation Act means the Civil Aviation Act 1988.
commencing time means the time when this section commences.
instrument includes a document and an oral agreement.
liabilities means all liabilities, duties and obligations, whether actual,
contingent or prospective.
regulatory functions, in relation to CAA, means functions specified in
paragraph 9 (1) (a) of the Civil Aviation Act, as in force immediately
before the commencing time.
8 Transfer of CAA staff to AA and CASA
(1) Subject to this section, each CAA staff member becomes an AA
employee at the commencing time.
(2) If a CAA staff member is identified in a written determination that is
made by an authorised person and takes effect at the commencing time,
the staff member becomes a CASA staff member at the commencing
time.
Notes – 2 Civil Aviation Act 1988
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
(3) If
(a) a person has become an AA employee or CASA staff member under
subsection (1) or (2), or by a previous application of this subsection;
and
(b) the person is identified in a written determination by an authorised
person that:
(i) is made within 12 months after the commencing time; and
(ii) states that the person is to become an AA employee or a CASA
staff member at a time specified in the determination that is not
later than 12 months after the commencing time;
the person becomes an AA employee or CASA staff member, as the
case may be, at the time specified in the determination.
(4) A person who becomes an AA employee or CASA staff member under
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