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this section:
(a) must be employed on terms and conditions that are not less
favourable than the terms and conditions that applied to the person’s
previous employment; and
(b) is entitled to retain, as an AA employee or CASA staff member, all
the benefits that had accrued to the person in respect of the person’s
previous employment, as if those benefits had accrued in respect of
the person’s employment as an AA employee or CASA staff
member, as the case may be.
(5) Nothing in this section prevents terms and conditions of employment
being varied after the commencing time.
(6) In this section:
previous employment means:
(a) for a CAA staff member who becomes an AA employee or CASA
staff member — employed as a CAA staff member; or
(b) for an AA employee who becomes a CASA staff member —
employment as an AA employee; or
(c) for a CASA staff member who becomes an AA employee —
employment as a CASA staff member.
9 Transfer of CAA assets and liabilities to AA and CASA
(1) Subject to this section, the assets and liabilities of CAA become the
assets and liabilities of AA at the commencing time.
(2) If an asset or liability is identified in a written determination that is made
by an authorised person and takes effect at the commencing time, the
asset or liability becomes an asset or liability of CASA at the
commencing time.
(3) If
(a) an asset or liability has become an asset or liability of AA or CASA
under subsection (1) or (2), or by a previous application of this
subsection; and
Civil Aviation Act 1988 Notes – 3
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
(b) the asset or liability is identified in a written determination by an
authorised person that:
(i) is made after the commencing time; and
(ii) states that the asset or liability is to become an asset or liability
of AA or CASA at a time specified in the determination;
the asset or liability becomes an asset or liability of AA or CASA, as
the case may be, at the time specified in the determination.
(4) A transfer effected by this section is not a disposal of an asset for the
purposes of Part IIIA of the Income Tax Assessment Act 1936.
10 References in CAA Instruments
(1) Each CAA instrument continues to have effect according to its tenor after
the commencing time as if:
(a) a reference in the instrument to CAA, to the extent that the reference
relates to the CAA’s regulatory functions, were a reference to CASA;
and
(b) except to the extent covered by paragraph (a), all references in the
instrument to CAA were references to AA.
(2) In this section:
CAA instrument means an instrument in operation immediately before
the commencing time:
(a) to which CAA is a party to; or
(b) which was given to, or in favour of, CAA; or
(c) in which a reference is made to CAA; or
(d) under which any right or liability accrues or may accrue to CAA.
11 Pending proceedings
If, immediately before the commencing time, CAA was a party to proceedings
that were pending or existing in any court or tribunal, then, at the commencing
time:
(a) to the extent that the proceedings relate to CAA’s regulatory
functions — CASA is substituted for CAA in the proceedings and
has the same rights and obligations in the proceedings as CAA had;
and
(b) for all other purposes, AA is substituted for CAA in the proceedings
and has the same rights and obligations in the proceedings as CAA
had.
12 Continuation of AOC applications made under the regulations
An application for an AOC that was made under the Civil Aviation
Regulations before the commencing time may be dealt with under the Civil
Aviation Act after the commencing time as if the application had been made
under the Civil Aviation Act.
Notes – 4 Civil Aviation Act 1988
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
13 Continuation of Civil Aviation Orders, AOCs etc.
(1) Civil Aviation Orders that were in force immediately before the
commencing time under subsection 98 (4A) of the Civil Aviation Act
continue to have effect as if they had been made by CASA under that
subsection.
(2) Civil Aviation Orders that were in force under regulations under the Civil
Aviation Act immediately before the commencing time continue to have
effect as if they had been made by CASA under the regulations.
(3) This section does not prevent the amendment or repeal of Civil Aviation
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