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This is a Bill, not an Act. For current law, see the Acts databases.
1998
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Civil Aviation
Amendment Bill 1998
No. ,
1998
(Transport and Regional
Services)
A Bill for an Act to amend the
Civil Aviation Act 1988, and for related purposes
ISBN: 0642
387435
Contents
A Bill for an Act to amend the Civil Aviation Act
1988, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Civil Aviation Amendment Act
1998.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) Items 2, 6, 12, 13, 16, 17, 19, 20, 21, 23, 24 and 25 of Schedule 1
commence on a day or days to be fixed by Proclamation.
(3) If a provision referred to in subsection (2) does not commence under
that subsection within the period of 6 months beginning on the day on which this
Act receives the Royal Assent, it commences on the first day after the end of
that period.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
(1) A reference to a domestic commercial flight in any of the following
documents is taken, after the commencement time, to be a reference to a
regulated domestic flight:
(a) an AOC that was in force immediately before the commencement
time;
(b) a permission that was in force immediately before the commencement
time, being a permission granted under section 27A of the Civil Aviation Act
1988;
(c) an application for an AOC that was made before the commencement
time;
(d) an application made before the commencement time under section 27A of
the Civil Aviation Act 1988.
(2) The amendments made by items 14, 15 and 18 of Schedule 1 to this Act
apply to applications determined after the time at which those items
commenced.
(3) In subsection (1):
commencement time means the time at which item 2 of Schedule
1 to this Act commenced.
1 Subsection 3(1) (definition of civil
aviation authorisation)
Omit “Civil Aviation Regulations”, substitute
“regulations”.
2 Subsection 3(1) (definition of domestic
commercial flight)
Repeal the definition.
3 Subsection 3(1) (definition of
international operating agency)
Omit “Civil Aviation Regulations”, substitute
“regulations”.
4 Subsection 3(1) (definition of
international registration plan)
Omit “Civil Aviation Regulations”, substitute
“regulations”.
5 Subsection 3(1) (definition of joint
registration plan)
Omit “Civil Aviation Regulations”, substitute
“regulations”.
6 Subsection 3(1)
Insert:
regulated domestic flight means a flight:
(a) that is undertaken wholly within Australia for a purpose prescribed by
the regulations for the purposes of subsection 27(9); and
(b) that is not undertaken as part of a flight into or out of Australian
territory.
7 Subsection 3(1) (definition of
time-in-service)
Omit “Civil Aviation Regulations”, substitute
“regulations”.
8 Section 20AA
Omit “Civil Aviation Regulations” (wherever occurring),
substitute “regulations”.
9 Paragraph 20AA(1)(b)
Omit “those regulations” (wherever occurring), substitute
“the regulations”.
10 Paragraph 20AA(3)(a)
After “airworthiness”, insert “(however
called)”.
11 Sections 20AB and 20AC
Omit “Civil Aviation Regulations” (wherever occurring),
substitute “regulations”.
12 Subsection 27(2A)
Omit “domestic commercial”, substitute “regulated
domestic”.
13 Subsection 27(9)
Omit “commercial”.
14 Subsection 27AB(1)
Repeal the subsection.
15 Subsection 27AB(2)
Omit “the applicant” (first occurring), substitute “an
applicant for an AOC”.
16 Subsection 27AE(4) (definition of foreign
aircraft AOC)
Omit “domestic commercial”, substitute “regulated
domestic”.
17 Paragraph 27A(1)(a)
Omit “domestic commercial”, substitute “regulated
domestic”.
18 Subsection 28(3) (at the end of the
definition of key personnel)
Add:
(e) any other position prescribed by the regulations.
19 Subparagraph
28BC(1)(a)(ii)
Omit “domestic commercial”, substitute “regulated
domestic”.
Note: The heading to section 28BC is altered by omitting
“power to impose or vary” and substituting
“powers in relation to suspension, cancellation
and”.
20 Paragraph 28BC(1)(b)
Omit “domestic commercial”, substitute “regulated
domestic”.
21 Paragraphs 28BC(2)(a) and
(b)
Omit “domestic commercial”, substitute “regulated
domestic”.
22 Subsection 28BC(3)
Omit “subsections (1) and (2)”, substitute “subsection
(1), paragraph (1A)(a), subsection (2) and paragraph (2A)(a)”.
23 Subsection 28BC(4) (definition of mixed
authority AOC)
Omit “domestic commercial”, substitute “regulated
domestic”.
24 After section 32AH
Insert:
(1) An investigator may apply to a magistrate for an order under this
section in respect of a thing seized under section 32AH if proceedings in
respect of which the thing may afford evidence have not commenced by the later
of the following times:
(a) the end of 60 days after the seizure;
(b) if a previous order has been made under this section in respect of the
thing—the end of the period specified in the previous order.
(2) Before making the application, the investigator must:
(a) take reasonable steps to discover who has an interest in the retention
of the thing; and
(b) if it is practicable to do so, notify each such person of the proposed
application.
(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 an offence against
this Act or the regulations has been committed; or
(b) to enable evidence of an offence against this Act to be secured for
the purposes of a prosecution;
the magistrate may order that the investigator may retain the thing for a
period (not exceeding 90 days) specified in the order.
(4) Paragraph 32AH(1)(c) continues to apply to the thing throughout the
specified period.
25 After section 32AK
Insert:
A court of competent jurisdiction may, on application by CASA, make an
order authorising CASA to destroy specified goods seized under section 32AH, if
the court is satisfied that:
(a) apart from this section, an investigator is required to return the
goods to a person; and
(b) either:
(i) the investigator cannot, despite making reasonable efforts, locate the
person; or
(ii) the person has refused to take possession of the goods.
(1) If:
(a) apart from this section, the operation of this Part would result in
the acquisition of property from a person otherwise than on just terms;
and
(b) the acquisition would be invalid because of paragraph 51(xxxi) of the
Constitution;
CASA is liable to pay compensation of a reasonable amount to the person in
respect of the acquisition.
(2) If CASA and the person do not agree on the amount of the compensation,
the person may institute proceedings in a court of competent jurisdiction for
the recovery from CASA of such reasonable amount of compensation as the court
determines.
(3) In this section:
acquisition of property has the same meaning as in paragraph
51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of
the Constitution.
26 After section 97
Insert:
(1) A fee prescribed by regulations made under a provision of this Act is
payable to CASA.
(2) An unpaid fee is a debt due to CASA and recoverable by CASA in a court
of competent jurisdiction.
(3) The regulations may make provision for the collection and recovery of
any unpaid fees. In particular, the regulations may:
(a) prescribe the time when fees are due for payment; and
(b) prescribe penalties for late payment of fees.
(4) A penalty prescribed by the regulations must not exceed a penalty
equivalent to 1.5% of the unpaid amount of the fee for each month or part of a
month during which the fee is unpaid, calculated from the date on which the fee
is due and payable, and compounded.
27 At the end of subsection
98(3A)
Add:
For this purpose, modifications includes omissions,
additions and substitutions.
Insert:
(5A) The regulations may empower CASA to issue written instruments in
relation to the following:
(a) matters affecting the safe navigation and operation, or the
maintenance, of aircraft;
(b) the airworthiness of aircraft.
An instrument must not prescribe a penalty.
(5B) An instrument issued under subsection (5A) is a disallowable
instrument for the purposes of section 46A of the Acts Interpretation Act
1901.
(5C) Subsection (5A) is not taken to affect CASA’s power to issue
directions or instructions under paragraph 98(3)(h).