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(a) foreign registered aircraft flying into or out of Australian territory or
operating in Australian territory; and
(aa) foreign registered aircraft specified in any 83 bis agreement that has
the effect of transferring functions or duties; and
(ab) the provision of services referred to in subsection 9 (4); and
(b) subject to any 83 bis agreement, Australian aircraft operating outside
Australian territory; and
(c) ANZA activities in New Zealand authorised by Australian AOCs
with ANZA privileges.
7A Application of the Criminal Code
Chapter 2 (other than Part 2.5) of the Criminal Code applies to all
offences created by this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal
responsibility.
10 Civil Aviation Act 1988
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 4 – August 2007 Civil Aviation Safety Authority
PART II — ESTABLISHMENT, FUNCTIONS ETC. OF CASA
8 Establishment of CASA
(1) An authority called the Civil Aviation Safety Authority is established by
this subsection.
(2) CASA:
(a) is a body corporate with perpetual succession;
(b) shall have a seal; and
(c) may sue and be sued in its corporate name.
Note: The Commonwealth Authorities and Companies Act 1997 applies to the CASA.
That Act deals with matters relating to Commonwealth authorities, including reporting and
accountability, banking and investment, and conduct of officers.
(3) All courts, judges and persons acting judicially shall take judicial notice
of the imprint of the seal of CASA appearing on a document and shall
presume that the document was duly sealed.
9 CASA’s functions
(1) CASA has the function of conducting the safety regulation of the
following, in accordance with this Act and the regulations:
(a) civil air operations in Australian territory;
(b) the operation of Australian aircraft outside Australian territory;
(ba) ANZA activities in New Zealand authorised by Australian AOCs
with ANZA privileges;
by means that include the following:
(c) developing and promulgating appropriate, clear and concise aviation
safety standards;
(d) developing effective enforcement strategies to secure compliance
with aviation safety standards;
(da) administering Part IV (about drug and alcohol management plans
and testing);
(e) issuing certificates, licences, registrations and permits;
(f) conducting comprehensive aviation industry surveillance, including
assessment of safety-related decisions taken by industry management
at all levels for their impact on aviation safety;
(g) conducting regular reviews of the system of civil aviation safety in
order to monitor the safety performance of the aviation industry, to
identify safety — related trends and risk factors and to promote the
development and improvement of the system;
(h) conducting regular and timely assessment of international safety
developments.
(2) CASA also has the following safety-related functions:
(a) encouraging a greater acceptance by the aviation industry of its
obligation to maintain high standards of aviation safety, through:
(i) comprehensive safety education and training programs; and
(ii) accurate and timely aviation safety advice; and
Civil Aviation Act 1988 11
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 3 – March 2007 Civil Aviation Safety Authority
(iii) fostering an awareness in industry management, and within the
community generally, of the importance of aviation safety and
compliance with relevant legislation;
(b) promoting full and effective consultation and communication with
all interested parties on aviation safety issues.
(3) CASA also has the following safety-related functions:
(aa) implementing the ANZA mutual recognition agreements;
(a) co-operating with the Executive Director of Transport Safety
Investigation in relation to investigations under the Transport Safety
Investigation Act 2003 that relate to aircraft;
(b) any functions conferred on CASA under the Civil Aviation
(Carriers’ Liability) Act 1959, or under a corresponding law of a
State or Territory;
(c) any functions conferred on CASA under the Air Navigation Act
1920;
(ca) entering into 83 bis agreements on behalf of Australia;
(cb) any functions conferred on CASA under the Aviation Transport
Security Act 2004;
(cc) any functions conferred on CASA under the Airspace Act 2007 or
under regulations under that Act;
(d) any other functions prescribed by the regulations, being functions
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