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In considering whether to grant an exemption under this Division,
CASA must regard as paramount the preservation of the highest level
of aviation safety that is practicable in the circumstances.
Division 11.F.3 Exemptions generally
11.200 Applicability of this Division
This Division applies in relation to all exemptions under this Subpart.
11.205 Conditions
(1) CASA may impose, on an exemption under this Subpart, any
condition necessary in the interests of the safety of air navigation.
(2) The condition must be set out in the instrument of exemption.
11.210 Offence: failure to comply with condition
(1) If a condition of an exemption under this Subpart imposes an
obligation on a person, the person must comply with the obligation.
Penalty: 50 penalty units.
(2) A contravention of subregulation (1) is an offence of strict liability.
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
New Page – Amdt No. 11 – December 2004 Civil Aviation Safety Authority
Part 11 — 21
11.215 Exemptions to be disallowable
An instrument granting an exemption under this Subpart is a
disallowable instrument for section 46A of the Acts Interpretation Act
1901.
11.220 Notice of grant of exemption
(1) In the case of an exemption that was applied for, CASA must give
written notice to the applicant of:
(a) its decision; and
(b) if the decision was to refuse to grant the exemption, or to impose
a condition not sought by the applicant — the reasons for the
decision.
Note Notification of the granting of an exemption must also be published in the
Gazette. The instrument must also be tabled in both Houses of the Parliament within
15 sitting days after it is made. See sections 46A and 48 of the Acts Interpretation
Act 1901.
(2) In the case of an exemption that was applied for, if CASA grants the
exemption applied for and sends to the applicant the instrument of
exemption, subregulation (1) does not require CASA to send to the
applicant a separate notice of its decision.
11.225 Publication of exemption
CASA must, as soon as practicable, publish on the World Wide Web
details (including any condition) of an exemption under this Subpart.
Note 1 The URL for CASA’s web site is http://www.casa.gov.au.
Note 2 Notification of the granting of an exemption must also be published in the
Gazette. The instrument must also be tabled in both Houses of the Parliament within
15 sitting days after it is made. See sections 46A and 48 of the Acts Interpretation
Act 1901.
11.230 When exemptions cease
(1) An exemption under Division 11.F.1 ceases:
(a) at the end of the day (no longer than 2 years after the day on
which it commences) specified in the instrument of exemption as
the day on which it ceases; or
(b) if no day is specified for that purpose in the instrument — 2 years
after it commences.
(2) An exemption under Division 11.F.2 ceases:
(a) at the end of the day (no longer than 6 months after the day on
which it commences) specified in the instrument of exemption as
the day on which it ceases; or
(b) if no day is specified for that purpose in the instrument — 6
months after it commences.
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
New Page – Amdt No. 11 – December 2004 Civil Aviation Safety Authority
Part 11 — 22
(3) If an exemption is granted in relation to a particular aircraft, and,
before the time at which the exemption would cease under
subregulation (1) or (2), the aircraft ceases to be owned by the person
who owned it at the time the exemption was granted, the exemption
ceases at the time when the aircraft ceases to be owned by that person.
Note An exemption is a disallowable instrument and therefore commences in
accordance with paragraph 48 (1) (b) of the Acts Interpretation Act 1901. See
generally section 48 of that Act.
11.235 Exemptions not transferable
An exemption under this Subpart is not transferable.
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
New Page – Amdt No. 11 – December 2004 Civil Aviation Safety Authority
Part 11 — 23
Subpart 11.G Directions
11.240 Applicability of this Subpart
This Subpart provides for the issue by CASA of temporary directions
in relation to matters affecting the safety of air navigation.
11.245 CASA may issue directions
(1) CASA may issue, by instrument, a direction about any matter
affecting the safe navigation and operation, or the maintenance, of
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