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Guide — 4
23. The form ‘subregulation 21.204 (3) or (4)’ is the way that Commonwealth
legislation sets out such strings of cross-references. In Commonwealth practice there
are standard ways of writing the references for the different levels of provision, as
described above. For example, a reference like ‘(3)’ (that is, a numeral in brackets) is
always to a subsection or subregulation, so to translate it you go back to the nearest
previous occurrence of ‘subsection’ or ‘subregulation’. If that occurrence is
immediately followed by a number without brackets, that number is the number of
another section or regulation that contains the subsection or subregulation. If there is no
section or regulation number, the reference is to another subsection or subregulation in
the same section or regulation. For example:
A reference like: refers to:
subsection (3) another subsection in the same section
subregulation (3) another subregulation in the same regulation
or (3) another subsection or subregulation in the same section
or regulation as was last mentioned
, (4), yet another subsection or subregulation in the same
section or regulation as was last mentioned
paragraph (b) another paragraph in the same subsection or
subregulation as the paragraph in which the reference
occurs
or (b) yet another paragraph in the same subsection or
subregulation as was last mentioned
… and so on. References to different levels of provision are kept separate — for
example, the form ‘subsection 60 (4) or paragraph 60 (5) (a)’ is used rather than
‘subsection 60 (4) or (5) (a)’.
24. The gaps between regulations may be filled in later by adding new regulations.
When a new regulation must be added, the drafter tries to put it into a place where it fits
logically. If there is no gap in the numbers for the new regulation, the new regulation
gets the number of the last regulation before the gap, but with a capital letter added. For
example, regulation 21.305 might be followed by regulation 21.305A.
25. Some regulations contain tables. A table in a regulation is numbered the same as
the regulation. Thus, Table 101.250 will be found in regulation 101.250. In the case of
there being 2 or more tables in 1 regulation, the tables would be numbered (say) Table
101.250-1, 101.250-2, 101.250-3, and so on.
26. Some regulations and other provisions have an Appendix. An appendix is
numbered the same as the provision it belongs to, and follows either the regulation it
belongs to, or (if the appendix belongs to a lower-level provision) the regulation that
contains the lower-level provision. An appendix is part of the regulation it is connected
with.
Civil Aviation Safety Regulations 1998 (CASR)
CASR — 1st Edition – January 2003 Office of Legal Counsel
Replacement Page Amdt No. 11 — December 2004 Civil Aviation Safety Authority
Guide — 5
Use of ‘and’ and ‘or’ between paragraphs etc
27. A regulation or subregulation may contain a series of paragraphs, and a
paragraph may contain a series of subparagraphs. The series of paragraphs or
subparagraphs will either be preceded by ‘the following’ (or some equivalent
expression), or will be joined by and or or to show whether the series is to be read
conjunctively or disjunctively. If a conjunction is used, the same conjunction will be
either expressed or implied between each paragraph and the one that follows it. That is,
the forms:
‘(1) This is:
(a) a paragraph; and
(b) another paragraph; and
(c) yet another paragraph.’;
and
‘(2) This is:
(a) a paragraph; or
(b) another paragraph; or
(c) yet another paragraph.’;
are legitimate, but the form:
‘(2) This is:
(a) a paragraph; and
(b) another paragraph; or
(c) yet another paragraph.’;
is not used because the series is not clearly either conjunctive or disjunctive.
28. If all the paragraphs or subparagraphs in a series are to be read as alternatives,
the series is preceded by the following or a similar expression, and no conjunctions are
used — for example:
‘(1) The alternatives are the following:
(a) a paragraph;
(b) another paragraph;
(c) yet another paragraph.’.
29. Up till a few years ago, it was Commonwealth drafting practice to put a
conjunction after only the second last paragraph or subparagraph in a series, and that
conjunction was read as governing the whole of the series. Many other jurisdictions still
follow that rule. However, Commonwealth practice is now to insert the conjunction
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