P. O. prescribed offence means an offence prescribed under section 30DT. The International Civil Aviation Organization (ICAO) is a specialized and funding agency of the United Nations.It changes the principles and techniques of international air navigation and fosters the planning and development of international air transport to ensure safe and orderly growth. foreign registered aircraft means an aircraft registered: (b) under a joint registration plan or an international registration plan. Person with knowledge of a computer or a computer system to assist access etc. 12B....... Minister may direct CASA to give documents and information to nominee. For this purpose, modifications includes omissions, additions and substitutions. The Director holds office on such terms and conditions in relation to matters not provided for by this Act as are determined by the Board in writing. (b) before the due date for payment of the penalty specified in the infringement notice; the holder produces a receipt from the prescribed person that identifies: (d) the date the report was made to the person; and. States other than those provided for in Articles 91 and 92 (a) may, subject to approval by any general international organization set up by the nations of the world to preserve peace, be admitted to participation in this Convention by means of a four-fifths vote of the Assembly and on such conditions as the Assembly may prescribe: provided that in each case the assent of any State invaded or attacked during the present war by the State seeking admission shall be necessary. (6) Strict liability applies to paragraph (5)(b). (b) suitable buildings, having regard to the nature of those operations, at each aerodrome where members of the holder’s operating crews are based. Decisions of any committee of the Council may be appealed to the Council by any interested contracting State. (5AA) An instrument issued under paragraph (5A)(a) is a legislative instrument if the instrument is expressed to apply in relation to: Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act). If the State does not so elect, the Council may agree, at the request of the State, to provide for all or a portion of the costs. (ii) measures applied to protect data held in, or accessible from, the computer. means a place referred to in paragraph 52(i) of the Constitution, other than the seat of government. Each State shall determine by regulations what constitutes munitions of war or implements of war for the purposes of this Article, giving due consideration, for the purposes of uniformity, to such recommendations as the International Civil Aviation Organization may from time to time make. No state aircraft of a contracting State shall fly over the territory of another State or land thereon without authorization by special agreement or otherwise, and in accordance with the terms thereof. Regulations may prescribe offences that the demerit points scheme applies to, Demerit points are incurred in relation to a class of authorisations, Suspension period not to be served concurrently, Reinstatement of civil aviation authorisation in special circumstances, CASA may reinstate if satisfied that holder’s livelihood depends on authorisation, Administration of the demerit points scheme, CASA must maintain a demerit points register, Demerit points incurred to be included in register, Expired points to be removed from register, (3) Where the person making a reviewable decision gives to the person whose interests are affected by the decision notice in writing of the decision, the notice shall include a statement to the effect that, subject to the, Automatic stay of certain reviewable decisions, (4) The stay ceases to have effect at the end of the fifth business day after the day CASA notified the holder of the decision, unless, before the end of that fifth business day, the holder applies to the Tribunal for an order under subsection 41(2) of the, (5) If the holder applies to the Tribunal as mentioned in subsection (4), the stay continues to have effect until the Tribunal makes an order under subsection 41(2) of the, CASA may still suspend for a serious and imminent risk, Powers and functions under State and Territory laws, Appointment of investigators and issue of identity cards, Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the, Search with consent to monitor compliance, Search with consent for evidence in relation to civil aviation offences, (1A) An application under subsection (1) can only be made for the purpose of finding out whether the Civil Aviation Act 1990 of New Zealand, and the regulations and rules made under that Act (the, Seizures related to civil aviation offences, General provisions about executing a warrant, Assistance and force in executing a warrant. (2) A person must not carry or consign for carriage any cargo on board an aircraft unless each person who: (a) handles, or is involved in the handling of, the cargo for or on behalf of the first‑mentioned person; and. A State which ceases to be a member of the International Civil Aviation Organization as a result of the provisions of paragraph a) above may, after approval by the General Assembly of the United Nations, be readmitted to the International Civil Aviation Organization upon application and upon approval by a majority of the Council. (1) The Director is to be appointed by the Board by written instrument, on a full‑time basis. (1A) If a person incurs demerit points before becoming a holder of a civil aviation authorisation, then, for the purpose of paragraph (1)(b), those points are taken to have been incurred by the holder for offences committed by the holder. The State may elect to bear all of the costs involved in any such arrangement. 32AHC Copy of warrant to be shown to occupier etc. Carry out on behalf of the Council the functions which the Council assigns to him. (b) the document is not the form of warrant that the person executed. just terms has the same meaning as in paragraph 51(xxxi) of the Constitution. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The laws and regulations of a contracting State as to the admission to or departure from its territory of passengers, crew or cargo of aircraft, such as regulations relating to entry, clearance, immigration, passports, customs, and quarantine shall be complied with by or on behalf of such passengers, crew or cargo upon entrance into or departure from, or while within the territory of that State. Subdivision B—Applying for and issuing a warrant. an unauthorised form of warrant, (a) the person executes or presents a document to another person; and, (i) has not been approved by a magistrate under either of those sections; or. For the purpose of this Convention the expression: "Air service" means any scheduled air service performed by aircraft for the public transport of passengers, mail or cargo. A person is not entitled to take any disciplinary action against a crew member on the basis of CVR information. 26D Delegation of Australian powers to employees of CAA New Zealand. New Zealand AOC with ANZA privileges has the same meaning as in section 2 of the Civil Aviation Act 1990 of New Zealand. Be prepared to increase the distance if you need to do that to fly safely. (2) Subsection (1) does not apply to powers or functions conferred by section 15, 21 or 24 of the Civil Aviation Act 1990 of New Zealand. Instructions on how to obtain CAA publications. Each contracting State undertakes that its international airlines shall, in accordance with requirements laid down by the Council, file with the Council traffic reports, cost statistics and financial statements showing among other things all receipts and the sources thereof. A demerit cancellation notice must state the following: (b) the start date, being the date that the cancellation begins (which must not be earlier than the 28th day after the date of the notice); (c) the period of disqualification mentioned in paragraph 30EC(2)(b); (1) If the holder of a civil aviation authorisation is given a demerit suspension notice or a demerit cancellation notice, all demerit points incurred by the holder that counted under subsection 30DY(1), 30DZ(1) or 30EC(1) towards that suspension or cancellation are disregarded for the purposes of subsequent calculations of demerit points under those subsections. (e) the date and nature of the contravention. If any contracting State party to a dispute in which the decision of the Council is under appeal has not accepted the Statute of the Permanent Court of International Justice and the contracting States parties to the dispute cannot agree on the choice of the arbitral tribunal, each of the contracting States parties to the dispute shall name a single arbitrator who shall name an umpire. (2) Subsection (1) applies only if the Board: (b) has determined the method by which Board members are to indicate agreement with proposed decisions. (2C) To the extent that an AOC, or an authorisation contained in a mixed authority AOC, authorises carriage by air that is not covered by Part IA, II, III or IV of the Civil Aviation (Carriers’ Liability) Act 1959, CASA does not have power to suspend or cancel the AOC or authorisation because of a breach of the condition that section 28BI is complied with unless the holder of the AOC is a constitutional corporation. (2) Without limitation, the person prescribed under subsection (1) may be: (b) any person from time to time holding, occupying or performing the duties of, a specified position or office (including a statutory office). (3) This section has effect subject to the Remuneration Tribunal Act 1973. (b) all Board members were informed of the proposed decision, or reasonable efforts were made to inform all Board members of the proposed decision. (4) The holder must keep up‑to‑date records of the distribution of operational documents to members of the holder’s flight crew and any other people employed in the holder’s organisation, who are employed as cabin crew, or to carry out duties associated with fuelling, loading or despatching aircraft. (1) An aircraft must not carry dangerous goods except: (a) in accordance with the regulations, including any conditions subject to which the regulations permit the carriage of those goods; or, (ab) in accordance with the Aviation Transport Security Regulations 2005, including any conditions subject to which those regulations permit the carriage of those goods; or. (10) A notice under this section may be served personally or may be served by post at the last‑known place of residence or business of the proprietor or at the address at which the installation is installed, kept or operated. The Assembly may suspend the voting power in the Assembly and in the Council of any contracting State that fails to discharge within a reasonable period its financial obligations to the Organization. an unauthorised form of warrant........... 108, 32AME. (1) If a Court makes an order under subsection 30A(1): (a) the person may apply to the Court at any time for the termination or variation of the order; and. (a) a trailer, caravan or portion of an articulated vehicle; and. (b) in relation to information contained in a document or other article, also includes produce the document or other article, or make it available, for inspection. Such consultation shall be without prejudice to the application of any existing international convention on this subject to which the contracting States may be parties. (b) the operation of the aircraft results in: (i) the use by the aircraft of an aerodrome in contravention of a condition specified under section 20; or. Each contracting State undertakes to keep its own regulations in these respects uniform, to the greatest possible extent, with those established from time to time under this Convention. Note: As a member of the governing body, the Director is a member of the accountable authority of a Commonwealth entity for the purposes of the Public Governance, Performance and Accountability Act 2013: see the definition of accountable authority in section 12 of that Act. Such aircraft, if engaged in the carriage of passengers, cargo, or mail for remuneration or hire on other than scheduled international air services, shall also, subject to the provisions of Article 7, have the privilege of taking on or discharging passengers, cargo, or mail, subject to the right of any State where such embarkation or discharge takes place to impose such regulations, conditions or limitations as it may consider desirable. Each annual report prepared by the Board and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following: (a) particulars of each direction given to the Board by the Minister under section 12 of this Act during the period; (b) in relation to notices given to the Board by the Minister under section 12A: (i) particulars of each notice given during the period; and. (e) section 28G (disapplying regulations that would otherwise apply to the holder of a New Zealand AOC with ANZA privileges). Aircraft on a flight to, from, or across the territory of another contracting State shall be admitted temporarily free of duty, subject to the customs regulations of the State. (4) An offence under subsection (3) is an offence of strict liability. (4) If the applicant already holds a current AOC and is applying for a new AOC that: (a) would authorise the same things as the current AOC; and. (2) The Chair may grant leave of absence to another Board member on the terms and conditions that the Chair determines. (b) CASA has not entered into an agreement of a kind referred to in paragraph 28A(1)(a) that is necessary to permit the issue of an AOC authorising that operation; the person may apply for a permission for the aircraft to be so operated. (i) interferes with a crew member of an aircraft in the course of the performance of his or her duties as such a crew member; or. This provision shall not be interpreted as modifying in any way the rights and obligations of States set forth in the Charter of the United Nations. operate, in relation to an aerodrome, includes manage, maintain and improve the aerodrome. (2) If a person incurs demerit points before becoming a holder of a civil aviation authorisation, then, for the purpose of subsection (1), those points are taken to have been incurred by the holder. (3) If, after the AOC has come into force for Australia, there is a change to: (a) what ANZA activities in Australia are authorised by the AOC; or. (b) an authority of the Commonwealth; or. (b) CASA considers it necessary to do so in the interests of the safety of air navigation. (4) Any conduct engaged in on behalf of a person other than a body corporate by an employee or agent of the person within the scope of his or her actual or apparent authority is to be taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the first‑mentioned person unless the first‑mentioned person establishes that the first‑mentioned person took reasonable precautions and exercised due diligence to avoid the conduct. Part I â Preliminary 1 Short title This Act may be cited as the Civil Aviation Act 1988. Found inside â Page 4Customs mobile task forces try . like ' . and patrol vessels will reinforce these control Low capital cost energy ... Q ' flag on entry into UK ing postal shopping problems , outlines a four- and later to the Civil Aviation Authority . An extraordinary meeting of the Assembly may be held at any time upon the call of the Council or at the request of not less than one-fifth of the total number of contracting States addressed to the Secretary General.[1]. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. (d) the recording is not an on‑board recording for the purposes of the, (aa) copying or disclosure that is necessary, (a) copying or disclosure for the purposes of an investigation under the, Note: A defendant bears an evidential burden in relation to a matter in subsection (3). (b) possession of the equipment by the occupier could constitute an offence. authorised official, in relation to a foreign country, means: (a) a member of the military, police, customs or air‑traffic control services of the foreign country; or. (3) A Board member is not eligible for appointment as the Director. (2) The effect of giving the notice is that: (a) from the start date specified in the notice, all of the holder’s civil aviation authorisations of that class are suspended for the suspension period; and. Whereas it is desirable to avoid friction and to promote that cooperation between nations and peoples upon which the peace of the world depends; Therefore, the undersigned governments having agreed on certain principles and arrangements in order that international civil aviation may be developed in a safe and orderly manner and that international air transport services may be established on the basis of equality of opportunity and operated soundly and economically; Have accordingly concluded this Convention to that end. Note 1: Section 137.2 of the Criminal Code creates an offence for providing false or misleading documents. (3) If neither the Chair nor the Deputy Chair is present at a meeting, the members present must appoint one of themselves to preside. Conduct by directors, employees and agents, (b) an offence created by section 6 of the, (c) an offence created by Part 2.4 of the, (bb) requiring specified persons to provide CASA with, or to ensure that CASA is provided with, specified information relating to the entering into, modification, cancellation, non‑renewal or expiry of acceptable contracts of insurance or adequate financial arrangements in relation to specified passenger‑carrying operations (within the meaning of Part IVA of the, (v) prescribing fees (either by specifying amounts or by prescribing a method of calculation) in relation to services, applications or requests, or the doing of anything by CASA under the, (3AA) Despite the ANZA mutual recognition agreements, the regulations cannot allow for the mutual recognition of ANZA safety certifications (other than AOCs) between Australia and New Zealand. Note: The kind of operations authorised by the AOC in New Zealand need not be the same kind of operations as are authorised by the AOC in Australian territory. air route and airway facilities means facilities provided to permit safe navigation of aircraft within the airspace of air routes and airways, including: (a) visual and non‑visual aids along the air routes and airways; (b) visual and non‑visual aids to approach and landing at aerodromes; (e) air traffic control services and facilities; and. Found inside â Page 92Web facilities General details of publications on site . Cost On request . Comments CAA statistics also available on magnetic discs in Word for Windows format or on Excel spreadsheets . Disc subscription - £ 118 per annum , £ 11.80 for ... 38 Conferral of power to make legislative instruments. (3) If the magistrate is satisfied that it is necessary for the investigator to continue to retain the thing: (a) for the purposes of an investigation as to whether a civil aviation offence has been committed; or. international registration plan has the same meaning as in the regulations. Note, persons with disabilities are required to attach a copy of valid NCPWD membership card. Any State which finds it impracticable to comply in all respects with any such international standard or procedure, or to bring its own regulations or practices into full accord with any international standard or procedure after amendment of the latter, or which deems it necessary to adopt regulations or practices differing in any particular respect from those established by an international standard, shall give immediate notification to the International Civil Aviation Organization of the differences between its own practice and that established by the international standard. (b) CASA is to be a party to any proceedings on an application under paragraph (a). safety‑sensitive aviation activities means activities that impact directly or indirectly on the safety of: (a) civil air operations in Australian territory; or. (b) an investigator searches premises in accordance with a warrant that has been issued under section 32AF or 32AG. (1) This Part is not intended to limit, or exclude the operation of, another law of the Commonwealth relating to: (2) To avoid doubt, even though another law of the Commonwealth provides power to do either or both of the things referred to in subsection (1), a similar power conferred by this Part may be used despite the existence of the power under the other law. If so, the consent has effect for that period unless the consent is withdrawn before the end of that period. (b) instead of complying with those requirements, or such of them as are identified in the notice. (b) the operation of Australian aircraft outside Australian territory. time‑in‑service, in relation to an aircraft, has the same meaning as in the regulations. (4) Subsections (2) and (3) are offences of strict liability. (b) that the employee or agent had the state of mind. Copying or disclosing CVR information........................................ 32AQ.... CVR information no ground for disciplinary action........................ 32AR.... Admissibility of CVR information in criminal proceedings against crew members.
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