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Australia
(1) For the purposes of this Act, a New Zealand AOC with ANZA privileges
is in force for Australia if the AOC:
(a) is current under the Civil Aviation Act 1990 of New Zealand; and
(b) has come into force for Australia under subsection 28C (1) of this
Act.
(2) However, while an Australian temporary stop notice is in force in
relation to particular activities authorised by a New Zealand AOC with
ANZA privileges, the AOC is not in force for Australia in relation to
those activities.
3A Main object of this Act
The main object of this Act is to establish a regulatory framework for
maintaining, enhancing and promoting the safety of civil aviation, with
particular emphasis on preventing aviation accidents and incidents.
4 Application to state aircraft
Except where the expression state aircraft is used, references in Part III
or IIIB or section 98 to aircraft or air navigation do not include references
to state aircraft or air navigation by state aircraft.
4A Application to aircraft subject to 83 bis agreements
(1) In this section:
function includes duties.
this Act includes the regulations.
(2) Despite anything in this Act, a provision in this Act (the applied
provision) applies to an aircraft that is registered in a Contracting State as
if the aircraft were an Australian aircraft if:
(a) an 83 bis agreement to which Australia is a party and which is in
force has the effect of transferring a function of the Contracting State
as the State of registry in respect of the aircraft to Australia; and
(b) the agreement states that the applied provision relates to that
function.
Section 3AA
effective on
day to be
fixed by Proclamation
(Act No.
102/2006)
8 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) Despite anything in this Act, a provision in this Act (the disapplied
provision) does not apply to an Australian aircraft if:
(a) an 83 bis agreement to which Australia is a party and which is in
force has the effect of transferring a function of Australia as the State
of registry in respect of the aircraft to a Contracting State; and
(b) the agreement states that the disapplied provision relates to that
function.
(4) Despite anything in this Act, a reference in this Act (other than
subsections (2) and (3) of this section) to or in relation to a Contracting
State in which the aircraft is registered includes a reference to or in
relation to another Contracting State to which any function of the State of
registry in respect of that aircraft has been transferred under an 83 bis
agreement that has effect in relation to Australia in accordance with
Article 83 bis of the Chicago Convention.
(5) If:
(a) Australia has entered into an 83 bis agreement; or
(b) an 83 bis agreement to which Australia is a party has been amended;
CASA must, as soon as practicable, publish a Gazette notice setting out
particulars of the agreement or amendment.
(6) Without limiting subsection (5), the notice must set out:
(a) the Contracting State that is the other party to the agreement; and
(b) the date of commencement of the agreement or amendment; and
(c) the aircraft to which the agreement or amendment relates; and
(d) the functions of the State of registry in respect of the aircraft that are
transferred under the agreement or amendment; and
(e) the provisions of this Act that are stated in the agreement or
amendment to be related to the functions.
(7) If an 83 bis agreement has ceased to be in force, CASA must, as soon as
practicable, publish a Gazette notice setting out particulars of that
cessation.
(8) A notice under subsection (5) or (7) is evidence of the matters stated in it.
5 Act to bind Crown
(1) This Act binds the Crown in right of the Commonwealth, of each of the
States, of the Australian Capital Territory, of the Northern Territory and of
Norfolk Island.
(2) Nothing in this Act renders the Crown liable to be prosecuted for an
offence, but this subsection does not prevent the prosecution of:
(a) a member of the crew of an aircraft owned by the Crown; or
(b) any other person employed by the Crown.
6 Extension to external Territories
This Act extends to all the external Territories.
Civil Aviation Act 1988 9
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 4 – August 2007 Civil Aviation Safety Authority
7 Extra-territorial application
This Act extends to matters relating to:
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