Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.411A

When this regulation applies

  (1)   This regulation applies if:

  (a)   before the main commencement time, a person made an application (the old application ) to CASA for the making of an instrument (other than an AOC, an aerial work certificate or an exemption) under a provision of the old Regulations that is repealed by the amending Regulations; and

  (b)   the old application is for an instrument that authorises a particular activity or thing; and

  (c)   CASA has not made a decision on the old application as at the main commencement time.

Old law continues to apply if application is for transitional instrument

  (2)   If the old application is for an instrument of a kind covered by subregulation (4), then, despite the amending Regulations, the old Regulations continue to apply in relation to the application.

New law applies to other instruments

  (3)   If:

  (a)   the old application is not for an instrument of a kind covered by subregulation (4); and

  (b)   under the new Regulations a person may apply for an authorisation in relation to the activity or thing mentioned in paragraph   (1)(b); and

  (c)   the requirements mentioned in subregulation   11.030(1) are met in relation to the old application;

then, both of the following apply:

  (d)   the old application is taken:

  (i)   to be an application under the new Regulations for an authorisation in relation to the activity or thing; and

  (ii)   to meet the requirements mentioned in regulation   11.030 and any other requirements relating to the making of the application under another provision of the new Regulations that deals with authorisations of that kind; and

  (iii)   to have been made at the main commencement time;

  (e)   Part   11 (applications and decision making) of these Regulations applies in relation to the application.

Transitional instruments

  (4)   An instrument is covered by this subregulation if:

  (a)   despite the repeal of the provision of the old Regulations under which, or for the purposes of which, the instrument is made, the instrument continues in force after the main commencement time as a result of the operation of a provision of this Division; or

  (b)   another provision of this Division provides that if the instrument is in force immediately before the main commencement time, a new instrument is taken to be made for the purposes of a provision of the new Regulations.