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AA means Airservices Australia established by the Air Services Act 1995. aerodrome means an area of land or water (including any buildings, installations and equipment), the use of which as an aerodrome is authorised under the regulations, being such an area intended for use wholly or partly for the arrival, departure or movement of aircraft. When a New Zealand AOC with ANZA privileges is, (1) For the purposes of this Act, a New Zealand AOC with ANZA privileges is, (2) However, while an Australian temporary stop notice is in force in relation to particular activities authorised by a New Zealand AOC with ANZA privileges, the AOC is not, Application to aircraft subject to 83 bis agreements, (2) Despite anything in this Act, a provision in this Act (the, (3) Despite anything in this Act, a provision in this Act (the, CASA must, as soon as practicable, publish a, (7) If an 83 bis agreement has ceased to be in force, CASA must, as soon as practicable, publish a, (a) cooperating with the Australian Transport Safety Bureau in relation to investigations under the, (b) any functions conferred on CASA under the, (ba) enforcing the requirements of this Act and the regulations in relation to insurance and financial arrangements required under Part IVA of the, (c) any functions conferred on CASA under the, (cb) any functions conferred on CASA under the, (cc) any functions conferred on CASA under the, (cd) any functions conferred on CASA under the, Functions to be performed in accordance with international agreements, Compliance with Australian Airspace Policy Statement, means the statement made under subsection 8(1) of the, (5) This section does not affect the application of section 22 of the. means the orders made under subsection 98(4A) or referred to in subsection 98(5). (4) A permission granted under this section has effect subject to: (b) any conditions relating to the operation, maintenance and airworthiness of the aircraft covered by the permission: (i) that CASA considers necessary in the interests of the safety of air navigation; and. A day is not counted for the purposes of a suspension period that applies to a holder’s civil aviation authorisation under this Division if: (a) on that day, a suspension of the authorisation has effect under another provision of this Act or the regulations; or. CAA demands PIA's access to Kuwait, threatens retaliation 28.09.2021 - 04:08 UTC. (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. means an AOC that is expressed, wholly or partly, to be issued for the purposes of the ANZA mutual recognition agreements (see subsections 27(2AA) to (2AC)). Note: Some references to Australian aircraft may be affected by the operation of section 4A. Each contracting State shall take appropriate measures to prohibit the deliberate use of any civil aircraft registered in that State or operated by an operator who has his principal place of business or permanent residence in that State for any purpose inconsistent with the aims of this Convention. Spare parts and equipment imported into the territory of a contracting State for incorporation in or use on an aircraft of another contracting State engaged in international air navigation shall be admitted free of customs duty, subject to compliance with the regulations of the State concerned, which may provide that the articles shall be kept under customs supervision and control. safety rules, in relation to a permission or AOC, means the provisions of this Act, the regulations and the Civil Aviation Orders that relate to safety (including rules about the competence of persons to do anything that would be covered by the permission or AOC). Each contracting State undertakes, so far as it may find practicable, to establish customs and immigration procedures affecting international air navigation in accordance with the practices which may be established or recommended from time to time, pursuant to this Convention. register means the register kept under section 30EG. The Council shall determine in what manner the provisions of this Convention relating to nationality of aircraft shall apply to aircraft operated by international operating agencies. Consider, and recommend to the Council for adoption, modifications of the Annexes to this Convention; Establish technical subcommissions on which any contracting State may be represented, if it so desires; Advise the Council concerning the collection and communication to the contracting States of all information which it considers necessary and useful for the advancement of air navigation. Director of CAA New Zealand has the same meaning as Director has in the Civil Aviation Act 1990 of New Zealand. 97AB Charging of fees by external service providers. Found inside â Page 83enables the CAA to obtain whatever further information , such as details of costings , may be required to demonstrate that ... 105 Hong Kong's main airline , Cathay Pacific , has now become a member of IATA.106 The national airlines of ... Legislation history and amendment history—Endnotes 3 and 4. (9) Subsection (2) applies only to the flying or operation of an aircraft for such purposes as are prescribed. Unless the Council decides otherwise any decision by the Council on whether an international airline is operating in conformity with the provisions of this Convention shall remain in effect unless reversed on appeal. (b) a device storing information that can be readily copied; the investigator or the person assisting him or her must, if requested to do so by the occupier of the premises or another person who apparently represents the occupier and who is present when the warrant is executed, give a copy of the thing or the information to that person as soon as practicable after the seizure. He shall have no vote. 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. Each contracting State undertakes, so far as it may find practicable, to: Provide, in its territory, airports, radio services, meteorological services and other air navigation facilities to facilitate international air navigation, in accordance with the standards and practices recommended or established from time to time, pursuant to this Convention; Adopt and put into operation the appropriate standard systems of communications procedure, codes, markings, signals, lighting and other operational practices and rules which may be recommended or established from time to time, pursuant to this Convention; Collaborate in international measures to secure the publication of aeronautical maps and charts in accordance with standards which may be recommended or established from time to time, pursuant to this Convention. 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 ... means a federal court or a court of a State or Territory. (1) CVR information is not admissible in evidence in civil proceedings unless the court makes a public interest order under subsection (3) in relation to the CVR information. Found inside â Page 18The ECAC is a regional civil aviation organization whose membership comprises nearly all members of the European Union. Closely associated with ICAO and European Organisation for the Safety of Air Navigation (EUROCONTROL), ECAC seeks to ... Part 107 Waiver / Airspace Authorization Request Form for Part 107 and Recreational Flyers. (b) all material required by the regulations or Civil Aviation Orders. Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences created by this Act. aircraft means any machine or craft that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth’s surface. (b) if the test determined the level of alcohol or testable drug in the sample and a permitted level for alcohol or that drug is specified in the regulations—that the permitted level has been exceeded. (7) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory. New Zealand temporary stop notice has the same meaning as in section 2 of the Civil Aviation Act 1990 of New Zealand. 28.......... CASA must issue AOC if satisfied about certain matters................. 28A....... Additional conditions for issue of AOC in relation to certain foreign registered aircraft. The same principle shall apply in the case of any contracting State which declares a state of national emergency and notifies the fact to the Council. (1) Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent. (b) the agreement states that the applied provision relates to that function. (2) The fee is payable to the external service provider. (2) If the investigator or the person assisting him or her believes on reasonable grounds that any data accessed by operating the electronic equipment might constitute evidential material, he or she may: (a) copy the data to a disk, tape or other associated device brought to the premises; or. (2) For the purposes of paragraph (1)(d), the regulations may provide that a person or body is authorised to take body samples if the person or body: (a) has been accredited by a specified person or body; or, (b) has been approved by CASA to take body samples for the purposes of this Part; or. (3) For the purpose of this section, Board member includes the Director. When a New Zealand AOC with ANZA privileges is. (c) the class of authorisations in relation to which the demerit points are incurred. Copy of warrant to be shown to occupier etc. Editorial changes take effect from the compilation registration date. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. 32ACB.. Look and listen out for unusual or specialist flying activities, such as air ambulances, police helicopters, light aircraft, military aircraft, crop spraying, and electricity pylon surveying. (3) The copy of the warrant need not include the signature of the magistrate who issued it. applicant’s organisation means the organisation established, or proposed to be established, by the applicant to conduct or carry out the operations covered by the application. Copy of warrant to be shown to occupier etc.................................... 32AHD. (3) The regulations must not permit the prescribed person to disclose information about a reportable contravention that is personal information within the meaning of the Privacy Act 1988 (except where the person who reported the contravention consents to the disclosure). (c) by arranging for another person (including the Commonwealth) to do so on its behalf. (b) any other person employed by the Crown. (2) This section does not apply to a decision under section 30DI or a decision under the regulations to cancel a licence, certificate or authority on the ground that the holder of that licence, certificate or authority has contravened a provision of this Act or the regulations (including the regulations as in force by virtue of a law of a State). From time to time, the Civil Aviation Authority may issue REGULATION (EU) 2018/1139 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL. (3) Without limiting the generality of subsections (1) and (2), those subsections include the power to make regulations for or in relation to the following: (aa) the design and manufacture of aircraft; (a) the registration, marking and airworthiness of aircraft; (b) the manner of applying for AOCs, including the information that may be required, and the conditions to be satisfied, for the issue of AOCs; (ba) the manner of applying for permissions under Part III, including the information that may be required, and the conditions to be satisfied, for the granting of permissions; (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 Civil Aviation (Carriers’ Liability) Act 1959), to the extent that the insurance or arrangements are required under this Act; (c) requiring persons performing specified functions in relation to the operation or maintenance of aircraft and aerodromes to be the holders of licences, permits or certificates of specified kinds, and providing for the grant, issue, cancellation, suspension or variation of such licences, permits and certificates; (d) the planning, construction, establishment, operation and use of aerodromes, including the licensing of aerodromes; (e) the planning, construction, establishment, maintenance, operation and use of air route and airway facilities, including the obtaining of meteorological information; (f) hygiene, sanitation and public health at aerodromes; (g) the prohibition of the construction of buildings, structures or objects, the restriction of the dimensions of buildings, structures or objects, and the removal in whole or in part or the marking or lighting of buildings, structures or objects (including trees or other natural obstacles) that constitute or may constitute obstructions, hazards or potential hazards to aircraft flying in the vicinity of an aerodrome, and such other measures as are necessary to ensure the safety of aircraft using an aerodrome or flying in the vicinity of an aerodrome; (h) empowering CASA, or an officer authorised by CASA, to give or issue directions or instructions to all or any of the persons holding licences, permits or certificates under this Act or the regulations, being directions or instructions with respect to matters affecting the safe navigation and operation, or the maintenance, of aircraft, and providing for the manner in which such directions and instructions are to be notified; (j) the formal proof and authentication of instruments made or issued under this Act or the regulations; (k) the powers (including powers of arrest) that may be exercised by members of the crew of an aircraft, in relation to persons on board the aircraft, for the purpose of ensuring the safety of the aircraft or of its passengers, crew or cargo or otherwise for the purposes of this Act or the regulations; (ka) requiring specified persons to prepare or alter flight manuals, operations manuals, procedures manuals, maintenance manuals, systems of maintenance and other specified manuals and documents relating to the safe operation of aircraft; (kb) the approval by CASA of such manuals, systems and documents and of alterations of them; (kc) empowering CASA to prepare and alter such manuals, systems and documents; (kd) requiring specified persons to comply with such manuals, systems and documents as in force at a particular time or from time to time; (m) the review of decisions made under the regulations; (p) the imposition of penalties, not exceeding a fine of 50 penalty units, for a contravention of a provision of the regulations or a direction, instruction or condition issued, given, made or imposed under, or in force by virtue of, the regulations; (q) enabling a person who is alleged to have contravened a specified provision of the regulations to pay to CASA, as an alternative to prosecution, a specified penalty, not exceeding an amount equal to one‑fifth of the maximum penalty prescribed for contravening that provision; (r) standards relating to the establishment and use of airspace; (ra) formulating a scheme in relation to security status checking; (s) the planning, construction, establishment, maintenance, operation and use of: (t) the personnel engaged in anything referred to in paragraph (s); (u) 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, under this Act, the regulations or the Civil Aviation Orders, other than services provided by, applications or requests dealt with in any way by, or anything done by, an external service provider (within the meaning of section 97AB); (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 Aviation Transport Security Act 2004. Tile Assembly shall suspend the voting power in the Assembly and in the Council of any contracting State that is found in default under the provisions of this Chapter. CASA applies to extend the period of the order and the holder does not apply to shorten it. of the Minister. (3) If things are moved to another place for the purpose of examination or processing, the investigator must, if it is practicable to do so: (a) inform the occupier of the address of the place and the time at which the examination or processing will be carried out; and. (4) If the investigator or the person assisting him or her, after operating the equipment, finds that evidential material is accessible by doing so, he or she may: (a) seize the equipment and any disk, tape or other associated device; or. (2) The notice must describe the proving flights, tests or demonstrations that the applicant is required to conduct or carry out. 28AA.... Matters that CASA may have regard to in issuing an AOC in relation to certain flights by foreign registered aircraft.......................................................................................................... 28B....... Additional conditions for issue of an Australian AOC with ANZA privileges. (b) the operation of Australian aircraft outside Australian territory. It shall be composed of thirty-six contracting States elected by the Assembly. (a) authorise an investigator named in the warrant, with such assistance and by such force as is necessary and reasonable, to enter, and exercise inspection powers on, the premises; and, (b) state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and, (c) specify the day (not more than one month after the issue of the warrant) on which the warrant ceases to have effect; and. 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. Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code). means duties or functions in connection with the operation or safety of the aircraft. (4) In a prosecution of a person for an offence against subsection (3) it is a defence if it is established that the person believed on reasonable grounds that compliance with the direction would be more likely to endanger the safety of the aircraft or of persons on board the aircraft than would a failure to comply with the direction. 1) Act 2008, Aviation Legislation Amendment (International Airline Licences and Carriers’ Liability Insurance) Act 2008, Sch 1 (item 25) and Sch 2 (items 1–28, 48, 49(1)–(6), 50(1), 51, 53): 20 Mar 2009 (s 2(1) items 2–4), Sch 1 (items 1–25) and Sch 3 (items 1–6): 1 July 2009 (s 2(1) items 2, 6) Sch 2 and Sch 3 (items 7–29): 27 Mar 2009 (s 2(1) items 3–5, 7), Sch 1 (item 25), Sch 2 (item 28) and Sch 3 (items 28, 29), Transport Safety Investigation Amendment Act 2009, Sch 1 (item 70): 1 July 2009 (s 2(1) item 4), Aviation Legislation Amendment (2008 Measures No. This code covers flying in the Open A1 and A3 categories. A Board member holds office for the period specified in the instrument of appointment. 32AS Admissibility of CVR information in civil proceedings. Subject to any rules laid down by the Assembly and to the provisions of this Convention, the Council shall determine the method of appointment and of termination of appointment, the training, and the salaries, allowances, and conditions of service of the Secretary General and other personnel of the Organization, and may employ or make use of the services of nationals of any contracting State. 96 Tabling of directions, notices etc. Notwithstanding the provisions of Articles 12, 30, 3 1 and 32 a), when an aircraft registered in a contracting State is operated pursuant to an agreement for the lease, charter or interchange of the aircraft or any similar arrangement by an operator who has his principal place of business or, if he has no such place of business, his permanent residence in another contracting State, the State of registry may, by agreement with such other State, transfer to it all or part of its functions and duties as State of registry in respect of that aircraft under Articles 12, 30, 31 and 32 a). 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. Nothing in this Convention shall prevent two or more contracting States from constituting joint air transport operating organizations or international operating agencies and from pooling their air services on any routes or in any regions, but such organizations or agencies and such pooled services shall be subject to all the provisions of this Convention, including those relating to the registration of agreements with the Council. (c) a corporation in which the Commonwealth, or an authority of the Commonwealth, has a controlling interest. Functions........................................................................................ 128, Division 2—Appointment etc. 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. (1) A fee prescribed by regulations made under a provision of this Act is payable to CASA. (1) CASA must cause each investigator to be issued with an identity card in a form approved by CASA and bearing a recent photograph of the investigator.
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2021年11月30日
