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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Civil
Aviation Amendment Bill 2003
No. ,
2003
(Transport and Regional
Services)
A Bill for an Act to amend the
Civil Aviation Act 1988, and for related purposes
Contents
Civil Aviation Act
1988 5
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
2003.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 4 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
|
|
2. Schedule 1, item 1 |
1 July 2003 |
|
|
3. Schedule 1, item 2 |
At the end of the period of 4 months beginning on the day on which this Act
receives the Royal Assent |
|
|
4. Schedule 1, item 3 |
1 July 2003 |
|
|
5. Schedule 1, items 4 and 5 |
At the end of the period of 4 months beginning on the day on which this Act
receives the Royal Assent |
|
|
6. Schedule 1, items 6 to 8 |
1 July 2003 |
|
|
7. Schedule 1, item 9 |
At the end of the period of 4 months beginning on the day on which this Act
receives the Royal Assent |
|
|
8. Schedule 1, items 10 to 13 |
1 July 2003 |
|
|
9. Schedule 1, items 14 to 17 |
At the end of the period of 4 months beginning on the day on which this Act
receives the Royal Assent |
|
|
10. Schedule 1, items 18 to 48 |
1 July 2003 |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
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repealed as set out in the applicable items in the Schedule concerned, and any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) The first corporate plan prepared by the Director under
section 44 of the Civil Aviation Act 1988 must be given to the
Minister within 12 months after the last corporate plan that the Board of CASA
gave to the Minister under that section.
(2) The amendments made by items 22 and 23 apply to the first
corporate plan prepared by the Director and each subsequent corporate
plan.
(3) The obligation in section 9 of the Commonwealth Authorities
and Companies Act 1997 to prepare an annual report for each financial year
applies to the Director for the financial year ending on 30 June 2003 and
each subsequent financial year.
(4) The amendments made by item 25 apply to the Director in relation
to the annual report for the financial year ending on 30 June 2003 and each
subsequent financial year.
(5) The person who held office as the Director immediately before the
commencement of item 26 holds office as the Director after the commencement
of that item as if the person had been appointed, for a period determined by the
Minister for the purposes of this subsection, under section 84 of the
Civil Aviation Act 1988 as amended.
(6) The period determined by the Minister for the purposes of
subsection (5) must not exceed the unexpired part of the person’s
current term.
(7) The terms and conditions determined by the Board in relation to the
Director under section 12C of the Remuneration Tribunal Act 1973
continue in effect after the commencement of item 28 as if the terms
and conditions had been determined by the Minister.
(8) The terms and conditions applicable under section 91 of the
Civil Aviation Act 1988 continue in effect after the commencement of
item 42 as if the terms and conditions had been determined by the
Director.
(9) The amendment made by item 43 does not affect a delegation by the
Director to a member of the staff of CASA.
(10) In this section:
CASA means the Civil Aviation Safety Authority established by
the Civil Aviation Act 1988.
Director has the meaning given by subsection 3(1) of the
Civil Aviation Act 1988.
item means an item of Schedule 1.
1 Subsection 3(1) (definition of
Board)
Repeal the definition.
2 Subsection 3(1)
Insert:
business day means a day that is not a Saturday, a Sunday or
a public holiday in the Australian Capital Territory.
3 Subsection 3(1) (definition of
Chairperson)
Repeal the definition.
4 Subsection 3(1) (definition of civil aviation
authorisation)
After “authorisation under”, insert “this Act
or”.
5 Subsection 3(1) (definition of civil aviation
authorisation)
After “authorisation is called an”, insert “AOC,
permission,”.
6 Subsection 3(1) (definition of corporate
plan)
Omit “Board”, substitute “Director”.
7 Subsection 3(1) (definition of Deputy
Chairperson)
Repeal the definition.
8 Subsection 3(1) (definition of
member)
Repeal the definition.
9 Subsection 3(1)
Insert:
show cause notice means a written notice to the holder of a
civil aviation authorisation:
(a) that, by this Act or the regulations, is required to set out the
reasons why CASA is considering making a decision under the Act or regulations;
and
(b) that is required to state a period during which the holder may show
cause why CASA should not make the decision.
10 After subsection 12(1)
Insert:
(1A) Without limiting subsection (1), a direction under that
subsection may require CASA to consult:
(a) in the manner specified by the Minister; and
(b) about matters specified by the Minister; and
(c) with bodies and organisations specified by the Minister.
11 After subsection 12A(1)
Insert:
(1A) Subsection (1) does not permit the Minister to notify views in
relation to a particular case or a particular holder of a civil aviation
authorisation.
12 Subsection 12A(2)
Omit “take account of”, substitute “act in accordance
with”.
13 After section 12B
Insert:
(1) The Minister may enter into an agreement with the Director about the
performance of CASA’s functions and the exercise of CASA’s
powers.
(2) The Director must take all reasonable steps to comply with the terms
of an agreement.
(3) The Director must notify the Minister of any matters that may
significantly affect the Director’s ability to comply with a term of an
agreement.
(4) Subsection (1) does not permit an agreement to the extent that a
term of the agreement would have the effect of requiring CASA to perform a
function or exercise a power in relation to a particular case or a particular
holder of a civil aviation authorisation.
(1) The Minister may direct CASA to report to the Minister or to the
Secretary of the Department in accordance with arrangements specified by the
Minister and about matters specified by the Minister.
(2) CASA must comply with a direction under subsection (1).
14 At the end of
section 28BA
Add:
(4) Before making a decision under subsection (3), CASA
must:
(a) give the holder of the AOC a notice setting out the reasons why CASA
is considering making the decision; and
(b) allow the holder of the AOC to show cause, within such reasonable time
as CASA specifies in the notice, why CASA should not make the
decision.
(5) If CASA makes a decision under subsection (3), the notice of its
decision must include a summary of section 31A. However, a failure to
include such a summary does not affect the validity of the notice.
15 After Division 3 of
Part III
Insert:
In this Division:
engage in conduct means to do an act or omit to do an
act.
The holder of a civil aviation authorisation must not engage in conduct
that constitutes, contributes to or results in a serious and imminent risk to
air safety.
(1) Where CASA has reason to believe that the holder of a civil aviation
authorisation has engaged in, is engaging in, or is likely to engage in, conduct
that contravenes section 30DB, CASA may suspend the authorisation by giving
written notice to the holder.
Note: CASA is not required to give the holder a show cause
notice before making a decision under this subsection.
(2) The notice of the decision must include a summary of Subdivisions C
and D. However, a failure to include such a summary does not affect the validity
of the notice.
(3) The suspension ends at the end of the fifth business day after the day
on which the holder was notified of the suspension, unless before that time CASA
makes an application to the Federal Court under section 30DE.
Note: If CASA makes an application in time, the suspension
continues in force until it comes to an end under the rules in
section 30DJ.
(1) CASA may make a decision under section 30DC in relation to a
civil aviation authorisation even if CASA has given the holder of the
authorisation the show cause notice required before making a decision under
another provision of this Act or the regulations.
(2) A suspension of a civil aviation authorisation under section 30DC
has effect despite a stay (whether or not a stay under section 31A) of an
earlier decision to vary, suspend or cancel the authorisation.
(1) If CASA suspends a civil aviation authorisation under
section 30DC, CASA may, before the end of the fifth business day after the
day on which the holder of the authorisation was notified of the suspension,
apply to the Federal Court for an order under this section.
(2) If the Federal Court is satisfied that there are reasonable grounds to
believe that the holder is engaging in, or is likely to engage in, conduct that
contravenes section 30DB, the Court must make an order that prohibits the
holder from doing anything that is authorised by the authorisation but that,
without the authorisation, would be unlawful.
(3) In deciding under subsection (2), the Federal Court must have
regard to section 3A and subsection 9A(1).
(4) Subject to section 30DF, an order continues in force for the
period determined by the Federal Court when making the order, being the period
(not more than 40 days) that the Court considers reasonable to allow CASA to
complete an investigation into the circumstances that gave rise to CASA’s
decision to suspend the authorisation.
(1) On application by CASA or the holder of the civil aviation
authorisation, the Federal Court may:
(a) extend (but not for more than 28 days); or
(b) shorten;
the period determined by the Court in relation to an order under subsection
30DE(4) (the original period).
(2) An application under subsection (1) must be made before the end
of the original period.
(3) CASA may apply only once to extend the period of an order.
(4) If the Court has heard and determined an application under
subsection (1) in relation to an order, no further applications to vary the
period of that order may be made.
(5) If:
(a) a party (being CASA or the holder of the civil aviation authorisation
concerned) applies to vary the period of an order; and
(b) before the Court determines the application, the other party also
applies to vary the period of the order;
the Court must hear the applications together.
(6) If an application is made to vary the period of an order, the order
continues in force until the day worked out under the table.
|
Period of order when an application to vary is made |
||
|---|---|---|
|
Item |
If... |
the order continues in force until... |
|
1 |
the holder applies to shorten the period and CASA does not apply to extend
it |
the earlier of: |
|
2 |
CASA applies to extend the period of the order and the holder does not
apply to shorten it |
whichever of the following applies: |
|
3 |
the Court hears applications from both parties together under
subsection (5) |
whichever of the following applies: |
If the Federal Court makes an order under section 30DE in relation
to a civil aviation authorisation, CASA must, by the end of the period that the
order is in force, complete an investigation into the circumstances that gave
rise to CASA’s decision to suspend the authorisation under
section 30DC.
(1) This section applies if, after CASA’s investigation under
section 30DG:
(a) CASA has reason to believe that a serious and imminent risk to air
safety would exist if the civil aviation authorisation were not varied,
suspended or cancelled; and
(b) the grounds for CASA’s belief are related to the circumstances
that gave rise to CASA’s decision to suspend the authorisation under
section 30DC.
(2) CASA may, within 5 business days after the last day on which the order
is in force:
(a) give the holder of the authorisation a show cause notice;
and
(b) allow the holder to show cause, within such reasonable time as CASA
specifies in the notice (not more than 28 days), why the authorisation should
not be varied, suspended or cancelled.
Note: The suspension under section 30DC continues in
force beyond the end of the order and may continue until at least the end of the
5 days that CASA has to decide whether to give a show cause notice—see
section 30DJ.
(1) This section applies if, after the end of the period specified in a
show cause notice given under section 30DH:
(a) CASA is satisfied that a serious and imminent risk to air safety would
exist if the civil aviation authorisation were not varied, suspended or
cancelled; and
(b) the grounds for CASA’s belief are related to the circumstances
that gave rise to CASA’s decision to suspend the authorisation under
section 30DC.
(2) CASA may vary, suspend or cancel the authorisation, by written notice
given to the holder of the authorisation within 5 business days after the end of
the period specified in the show cause notice.
Note: The suspension under section 30DC continues in
force beyond the end of the period specified in the show cause notice and may
continue until the end of the 5 days that CASA has to decide whether to vary,
suspend or cancel the authorisation—see
section 30DJ.
If CASA suspends a civil aviation authorisation under section 30DC
and applies to the Federal Court for an order under section 30DE, the
suspension continues in force until the time worked out under the table (unless
earlier revoked).
|
When a section 30DC suspension ends |
||
|---|---|---|
|
Item |
If... |
suspension ends at... |
|
1 |
CASA’s application for an order is withdrawn or refused |
the time of withdrawal or refusal. |
|
2 |
in the 5 business days after the last day on which the order was in force,
CASA does not give the holder a show cause notice under section 30DH in
relation to the authorisation |
the end of the fifth business day after the order ceased to be in
force. |
|
3 |
CASA varies, suspends or cancels the authorisation under
section 30DI |
the time the holder is notified of the variation, suspension or
cancellation. |
|
4 |
CASA gave the holder a show cause notice under section 30DH in
relation to the authorisation, but, in the 5 business days after the last day of
the period specified in the notice, CASA does not vary, suspend or cancel the
authorisation |
the end of the fifth business day after the last day of the period
specified in the show cause notice. |
(1) CASA may accept a written undertaking given by the holder of a civil
aviation authorisation in connection with a matter:
(a) arising under this Act or the regulations; and
(b) in relation to which CASA has a function or power under this Act or
the regulations.
(2) The period for which the undertaking applies must not exceed 6 months.
However, CASA may accept a further undertaking from the holder.
(3) The undertaking must not require, or have the effect of requiring, the
holder to pay money to CASA.
(4) CASA must publish details of the undertaking on the
Internet.
(5) The holder may withdraw or vary the undertaking at any time, but only
with the consent of CASA.
(6) If CASA considers that the holder has breached any of the terms of the
undertaking, CASA may apply to the Federal Court for an order under
subsection (7).
(7) If the Federal Court is satisfied that the holder has breached a term
of the undertaking, the Court may make all or any of the following
orders:
(a) an order directing the holder to comply with that term of the
undertaking;
(b) an order directing the holder to pay to the Commonwealth an amount up
to the amount of any financial benefit that the holder has obtained directly or
indirectly and that is reasonably attributable to the breach of the
undertaking;
(c) any other order that the Court considers appropriate.
In this Division:
accident means an occurrence that is associated with the
operation or maintenance of an aircraft and that results in:
(a) the death of, or serious injury to, a person; or
(b) the destruction of, or serious damage to, an aircraft or other
property (whether or not property on the aircraft).
prescribed person means the person prescribed under
section 30DM.
reportable contravention means a contravention of the
regulations, other than the following:
(a) a contravention that is deliberate;
(b) a contravention that is fraudulent;
(c) a contravention that causes or contributes to an accident or to a
serious incident (whether before or after the contravention is
reported);
(d) a contravention of a regulation that is prescribed for the purposes of
this paragraph.
serious incident means an occurrence that is associated with
the operation or maintenance of an aircraft where either or both of the
following applies:
(a) the occurrence gives rise to a danger of death or serious harm to a
person;
(b) the occurrence gives rise to a danger of serious damage to an aircraft
or other property (whether or not property on the aircraft).
(1) The regulations may prescribe a person for the purposes of this
Division.
(2) Without limitation, the person prescribed under subsection (1)
may be:
(a) a statutory corporation; or
(b) any person from time to time holding, occupying or performing the
duties of, a specified position or office (including a statutory
office).
(3) The prescribed person has the powers and functions conferred on the
person by the regulations.
(1) The regulations may establish a scheme for the voluntary reporting of
reportable contraventions to the prescribed person.
(2) The regulations may prescribe:
(a) the purposes of the scheme; and
(b) the manner in which reports are to be made; and
(c) the use by the prescribed person of information contained in reports;
and
(d) any other matters necessary or incidental to the establishment or
operation of a scheme in accordance with subsection (1).
(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).
(1) In exercising a power under this Act or the regulations to vary,
suspend or cancel a civil aviation authorisation, CASA must disregard a
reportable contravention if the holder of the authorisation proves to CASA, in
accordance with section 30DP, that the holder reported the contravention to
the prescribed person:
(a) within 10 days after the contravention; and
(b) before the holder was given the show cause notice for the proposed
decision.
(2) If:
(a) the holder of a civil aviation authorisation is given an infringement
notice under the regulations; and
(b) the holder proves to CASA, in accordance with section 30DP, that
the holder reported the contravention to the prescribed person:
(i) within 10 days after the contravention; and
(ii) before the holder was given the infringement notice;
then:
(c) the holder is not required to pay the penalty specified in the
infringement notice; and
(d) the notice is taken to be withdrawn.
It is proof in accordance with this section if:
(a) before CASA varies, suspends or cancels the authorisation;
or
(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:
(c) the holder; and
(d) the date the report was made to the person; and
(e) the date and nature of the contravention.
Section 30DO does not apply to a reportable contravention by the
holder of a civil aviation authorisation if, in the 5 years ending on the date
of the contravention:
(a) CASA was required by that section to disregard another reportable
contravention by the same holder; or
(b) an infringement notice given to the same holder for another reportable
contravention was taken under that section to be withdrawn.
(1) None of the following is admissible in evidence in any criminal
proceedings against the holder of a civil aviation authorisation:
(a) a report of a reportable contravention made by the holder to the
prescribed person;
(b) a receipt given to CASA in accordance with section 30DP by the
holder;
(c) any other evidence of the fact that a report of a reportable
contravention was made by the holder to the prescribed person.
(2) Subsection (1) only applies if the contravention is still a
reportable contravention at the time when the criminal proceedings
commence.
In this Division:
demerit cancellation notice means a notice under
section 30EC.
demerit suspension notice means a notice under
section 30DY or 30DZ.
prescribed offence means an offence prescribed under
section 30DT.
register means the register kept under
section 30EG.
The regulations may prescribe:
(a) offences to which this Division applies; and
(b) the number of points that are incurred in relation to an
offence.
The regulations must prescribe classes to which particular civil aviation
authorisations belong, having regard to the activities covered by the civil
aviation authorisations.
If:
(a) a civil aviation authorisation is cancelled; and
(b) if the authorisation had not been cancelled, a subsequent suspension
or cancellation under this Division would have had effect in relation to the
authorisation; and
(c) the cancellation mentioned in paragraph (a) is later set aside by
the Administrative Appeals Tribunal;
the regulations may provide that the subsequent suspension or cancellation
under this Division has effect in accordance with the regulations.
The holder of a civil aviation authorisation incurs demerit points for a
prescribed offence if:
(a) the holder is given an infringement notice under the regulations in
relation to the offence and pays (in whole or in part) the penalty specified in
the notice; or
(b) the holder is convicted or found guilty of the offence.
If the holder of a civil aviation authorisation incurs demerit points,
the demerit points are incurred in relation to the class of authorisations to
which the offence relates.
(1) CASA must give the holder of a civil aviation authorisation a demerit
suspension notice under this section if:
(a) the holder incurs demerit points for a prescribed offence;
and
(b) taken together with demerit points incurred by the holder for offences
committed by the holder in the 3 years ending on the day the offence was
committed, the holder has incurred at least 12 demerit points in relation to the
same class of authorisations; and
(c) the holder has not previously been given a demerit suspension notice
in relation to that class of authorisations.
(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
(b) the holder is not entitled to be granted a civil aviation
authorisation of that class, from the date of the notice until the end of the
last day on which a civil aviation authorisation of that class is suspended as a
result of the notice.
(3) The suspension period for an authorisation is:
(a) if the total of the demerit points counted under
paragraphs (1)(a) and (b) is 12, 13, 14 or 15—90 days; or
(b) if the total of the demerit points counted under
paragraphs (1)(a) and (b) is 16, 17, 18 or 19—120 days; or
(c) otherwise—150 days.
Note: The suspension period for a particular authorisation
may be affected by section 30EB.
(1) CASA must give the holder of a civil aviation authorisation a demerit
suspension notice under this section if:
(a) the holder incurs demerit points for a prescribed offence;
and
(b) taken together with demerit points incurred by the holder for offences
committed by the holder in the 3 years ending on the day the offence was
committed, the holder has incurred at least 6 demerit points in relation to the
same class of authorisations; and
(c) the holder has, once previously, been given a demerit suspension
notice in relation to that class of authorisations.
(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
(b) the holder is not entitled to be granted a civil aviation
authorisation of that class, from the date of the notice until the end of the
last day on which a civil aviation authorisation of that class is suspended as a
result of the notice.
(3) The suspension period for an authorisation is:
(a) if the total of the demerit points counted under
paragraphs (1)(a) and (b) is 6, 7, 8 or 9—90 days; or
(b) if the total of the demerit points counted under
paragraphs (1)(a) and (b) is 10, 11, 12 or 13—120 days; or
(c) otherwise—150 days.
Note: The suspension period for a particular authorisation
may be affected by section 30EB.
A demerit suspension notice must state the following:
(a) the date of the notice;
(b) the start date, being the date that the suspension period begins
(which must not be earlier than the 28th day after the date of the
notice);
(c) the suspension period;
(d) the class of authorisations covered by the notice;
(e) any other information required by the regulations.
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
(b) the day is a day prescribed by the regulations for the purposes of
this section.
Example: At the time that a 90 day suspension under
section 30DY comes into force, another suspension of one of the affected
civil aviation authorisations has been stayed under section 31A. 20 days
into the section 30DY suspension, the Administrative Appeals Tribunal
reviews the other suspension and upholds it. The other suspension runs for 30
days. Those 30 days do not count for the purposes of the section 30DY
suspension of the relevant authorisation. The section 30DY suspension of
that authorisation has 70 days to run after the end of the other
suspension.
(1) CASA must give the holder of a civil aviation authorisation a demerit
cancellation notice if:
(a) the holder incurs demerit points for a prescribed offence;
and
(b) taken together with demerit points incurred by the holder for offences
committed by the holder in the 3 years ending on the day the offence was
committed, the holder has incurred at least 6 demerit points in relation to the
same class of authorisations; and
(c) the holder has, twice previously, been given a demerit suspension
notice in relation to that class of authorisations.
(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 cancelled; and
(b) the holder is not entitled to be granted a civil aviation
authorisation of that class for 3 years from the date of the notice.
A demerit cancellation notice must state the following:
(a) the date of the notice;
(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);
(d) the class of authorisations covered by the notice;
(e) any other information required by the regulations.
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.
Note: Demerit points incurred after the date of the notice
but before the suspension or cancellation begins are not
disregarded.
(1) A holder of a civil aviation authorisation who has been given a
demerit suspension notice or demerit cancellation notice may apply to CASA to
have the authorisation reinstated.
(2) Subsection (1) applies despite paragraphs 30DY(2)(b), 30DZ(2)(b)
and 30EC(2)(b).
(3) If, and only if, CASA is satisfied that the suspension or cancellation
would cause the holder severe financial hardship because, without the
authorisation, the holder would not be able to earn the holder’s principal
or only income, CASA may:
(a) reinstate the authorisation; and
(b) impose on the authorisation such conditions as CASA considers
appropriate in the circumstances.
(1) CASA must maintain a register that records details necessary for, or
directly relevant to, the administration of this Division.
(2) CASA must, if it becomes aware of it, correct any mistake, error or
omission in the register.
(3) The regulations may provide for other matters in relation to the
keeping of the register.
For the purposes of administering this Division, CASA may, in addition to
the register, keep records of information obtained and actions taken under this
Division.
If the holder of a civil aviation authorisation incurs demerit points in
relation to a prescribed offence, CASA must record in the register:
(a) the number of demerit points prescribed by the regulations in relation
to the offence; and
(b) the date the offence was committed; and
(c) the class of authorisations in relation to which the demerit points
are incurred.
CASA must remove from the register demerit points that can no longer be
taken into account under subsection 30DY(1), 30DZ(1) or 30EC(1).
16 Subsection 31(1) (paragraph (b) of the
definition of reviewable decision)
Repeal the paragraph, substitute:
(b) the imposition or variation of a condition, or the cancellation,
suspension or variation of an authorisation, contained in such a certificate,
permission, permit or licence; or
(c) a decision under subsection 30EF(3) (about reinstating a civil
aviation authorisation that has been suspended or cancelled under
Division 3D);
but does not include:
(d) a suspension of a civil aviation authorisation under section 30DC
(suspension for contravening the serious and imminent risk prohibition);
or
(e) a suspension or cancellation of a civil aviation authorisation under
Division 3D (the demerit points scheme).
17 After section 31
Insert:
(1) This section applies to a decision under this Act or the regulations
that is reviewable by the Administrative Appeals Tribunal if, before making the
decision, CASA was required by this Act or the regulations to give a show cause
notice to the holder of the civil aviation authorisation concerned.
(2) This section does not apply to a decision under
section 30DI.
(3) If this section applies to a decision, the operation of the decision
is stayed by force of this section.
(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 review of the
decision.
(5) If the holder applies to the Tribunal in accordance with
subsection (4), the stay continues to have effect until the earlier
of:
(a) the time when the decision of the Tribunal on the application comes
into operation; and
(b) the end of the 90th day after the day CASA notified the holder of the
decision.
(6) If the holder applies to the Tribunal in accordance with
subsection (4), the holder must give a copy of the application to CASA as
soon as practicable after lodging it with the Tribunal.
(7) At any time before the end of the period mentioned in
paragraph (5)(b), the holder may apply to the Tribunal for an order under
subsection 41(2) of the Administrative Appeals Tribunal Act 1975. Any
time limit for making such an application does not apply if this subsection
applies.
(1) If the holder of a civil aviation authorisation withdraws an
application covered by section 31A, the stay ceases to have effect from the
time of the withdrawal.
(2) The holder must notify CASA of the withdrawal as soon as
practicable.
To avoid doubt, section 31A does not affect:
(a) the operation of subsection 31(2); or
(b) the powers of the Tribunal under subsection 41(2) of the
Administrative Appeals Tribunal Act 1975.
Nothing in section 31A prevents CASA from suspending a civil
aviation authorisation under section 30DC (suspension for contravening the
serious and imminent risk prohibition).
Note: See also section 30DD.
18 Section 32
Omit “Board”, substitute “Director”.
19 Part IV
Repeal the Part.
20 Subsection 44(1)
Repeal the subsection, substitute:
(1) The Director must prepare a corporate plan at least once a year and
give it to the Minister for the Minister’s approval.
21 Subsections 44(3) and (6)
Omit “Board”, substitute “Director”.
22 Subsections 45(2) and (5)
Omit “Board”, substitute “Director”.
23 Subsection 45(5)
After “give it to the Minister”, insert “for the
Minister’s approval”.
24 Paragraph 49(2)(a)
Omit “section 12”, substitute “section 12 or
12D”.
25 Section 49
Omit “Board” (wherever occurring), substitute
“Director”.
26 Subsection 84(1)
Omit “recommendation from the Board”, substitute “report
from the Secretary of the Department”.
27 After subsection 84(2)
Insert:
(2A) The Director holds office on a full-time basis.
28 After subsection 84(3)
Insert:
(3A) The Minister is the employing body for the Director for the purposes
of the Remuneration Tribunal Act 1973.
Note: The office of Director is a principal executive office
for the purposes of the Remuneration Tribunal Act 1973—see
paragraph (e) of the definition of principal executive office
in subsection 3(1) of that Act.
29 Subsection 84(4)
Omit “Board”, substitute “Minister”.
30 At the end of subsection
84(4)
Add:
Note: This subsection has no effect at any time when a
determination is in force under section 12C of the Remuneration Tribunal
Act 1973—see subsection 12C(3) of that Act.
31 Subsection 84A(1)
Omit “Board”, substitute “Minister”.
32 At the end of
section 84A
Add:
(3) The Director is the chief executive officer of CASA.
33 After section 84A
Insert:
The Director’s functions include the following:
(a) deciding the objectives, strategies and policies to be followed by
CASA;
(b) ensuring that CASA performs its functions in a proper, efficient and
effective manner;
(c) ensuring that CASA complies with directions given by the Minister
under sections 12, 12B and 12D;
(d) ensuring that CASA acts in accordance with the views of the Minister
notified to CASA under section 12A.
(1) The Director is the director of CASA for the purposes of the
Commonwealth Authorities and Companies Act 1997.
(2) Matters that must be disclosed by the Director under sections 27F
and 27G of the Commonwealth Authorities and Companies Act 1997 must be
disclosed to the Minister.
(3) Sections 27J and 27K of the Commonwealth Authorities and
Companies Act 1997 do not apply in relation to the Director.
34 Section 85
Omit “Board’s”, substitute
“Minister’s”.
35 At the end of
section 86
Add:
Note: This section has no effect at any time when a
determination is in force under section 12C of the Remuneration Tribunal
Act 1973—see subsection 12C(3) of that Act.
36 Section 87
Omit “Board” (wherever occurring), substitute
“Minister”.
37 Section 88
Omit “Board”, substitute “Minister”.
38 Section 89
Omit “Board’s”, substitute
“Minister’s”.
Note: The heading to section 89 is altered by omitting
“Board’s” and substituting
“Minister’s”.
39 At the end of
section 89
Add:
(2) Before terminating the Director’s appointment, the Minister must
have received a report about the proposed termination from the Secretary of the
Department.
40 Subsection 90(1)
Omit “, after receiving a recommendation from the
Board,”.
41 Subsection 90(2)
Omit “Board”, substitute “Minister”.
42 Section 91
Omit “Board”, substitute “Director”.
43 Section 94
Repeal the section, substitute:
(1) The Director may, in writing, delegate all or any of CASA’s
powers under this Act to an officer.
(2) The Director may, in writing, delegate the Director’s powers
under sections 44, 45 and 91 of this Act to an officer.
44 Section 94A
Repeal the section, substitute:
(1) The Minister may delegate the Minister’s powers under
sections 85, 87 and 90 to the Secretary of the Department.
(2) In exercising any powers under the delegation, the Secretary must
comply with any directions of the Minister.
45 Section 96
After “12B”, insert “, 12D”.
Note: The heading to section 96 is altered by omitting
“directions or notices” and substituting
“directions, notices etc.”
46 At the end of
section 96
Add:
(2) If the Director and the Minister enter into an agreement under
section 12C, the Minister must cause a copy of the agreement to be laid
before each House of the Parliament within 15 sitting days of that House after
the agreement is entered into.
47 Subsection 97AB(5) (paragraph (a) of the
definition of external service provider)
Repeal the paragraph.
48 Subsection 98(3B)
Omit “a member or”.