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relating to any matters referred to in this section;
(e) promoting the development of Australia’s civil aviation safety
capabilities, skills and services, for the benefit of the Australian
community and for export;
(f) providing consultancy and management services relating to any of
the matters referred to in this section, both within and outside
Australian territory;
(g) any functions incidental to any of the functions specified in this
section.
(4) In performing the function under paragraph (3) (f), CASA may, under a
contract with a foreign country or with an agency of a foreign country,
provide services for that country or agency in relation to the regulation of
the safety of air navigation or any other matter in which CASA has
expertise. Those services may include conducting safety regulation in
relation to foreign registered aircraft under the law of a foreign country.
9A Performance of functions
(1) In exercising its powers and performing its functions, CASA must regard
the safety of air navigation as the most important consideration.
(2) Subject to subsection (1), CASA must exercise its powers and perform its
functions in a manner that ensures that, as far as is practicable, the
environment is protected from:
(a) the effects of the operation and use of aircraft; and
(b) the effects associated with the operation and use of aircraft.
12 Civil Aviation Act 1988
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 3 – March 2007 Civil Aviation Safety Authority
11 Functions to be performed in accordance with international
agreements
CASA shall perform its functions in a manner consistent with the
obligations of Australia under the Chicago Convention and any other
agreement between Australia and any other country or countries relating
to the safety of air navigation.
11A Compliance with Australian Airspace Policy Statement
(1) Subject to subsection 9A (1), CASA must exercise its powers and
perform its functions in a manner consistent with the Australian Airspace
Policy Statement.
(2) If CASA proposes to exercise a power or perform a function in a manner
that is inconsistent with the Australian Airspace Policy Statement, CASA
must notify the Minister in writing that it is proposing to do so and of its
reasons.
(3) In this section:
Australian Airspace Policy Statement means the statement made under
subsection 8 (1) of the Airspace Act 2007.
12 Directions
(1) The Minister may give CASA written directions as to the performance of
its functions or the exercise of its powers.
(1A) Without limiting subsection (1), a direction under that subsection may
require CASA to consult:
(a) in the manner specified by the Minister; and
(b) about matters specified by the Minister; and
(c) with bodies and organisations specified by the Minister.
(2) Directions as to the performance of its regulatory function shall be only
of a general nature.
(4) CASA must comply with a direction given under subsection (1).
(5) This section does not affect the application of section 28 of the
Commonwealth Authorities and Companies Act 1997 in relation to CASA.
Note: Section 28 of the Commonwealth Authorities and Companies Act 1997 provides for
notification of general policies of the Commonwealth Government that are to apply to
CASA.
12A Minister may give CASA notices about its strategic direction etc.
(1) The Minister may notify CASA in writing of the Minister’s views on the
following matters:
(a) the appropriate strategic direction for CASA;
(b) the manner in which CASA should perform its functions.
(1A) Subsection (1) does not permit the Minister to notify views in relation to
a particular case or a particular holder of a civil aviation authorisation.
Civil Aviation Act 1988 13
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 3 – March 2007 Civil Aviation Safety Authority
(2) In performing its functions, CASA must act in accordance with notices
given under subsection (1).
12B Minister may direct CASA to give documents and information to
nominee
(1) The Minister may direct CASA to give to a specified ministerial nominee
any documents or information relating to CASA’s operations that the
nominee requests.
(2) CASA must comply with the direction.
(3) In this section:
ministerial nominee means a person whose responsibilities or duties
include advising the Minister about CASA’s performance and strategies.
12C Director and Minister may enter into agreements about the
performance of CASA’s functions etc.
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