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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.411B

Applications for exemptions under old law made before main commencement time

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 an exemption from compliance with a requirement under a provision (the old provision ) of the old Regulations that is repealed by the amending Regulations or a provision (the old provision ) of an instrument made under, or for the purposes of, the old Regulations or the Act; and

                     (b)  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 exemption

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

New law applies to other exemptions

             (3)  If:

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

                     (b)  there is a corresponding new provision in relation to the old provision; and

                     (c)  an application may be made under the new Regulations for an exemption from compliance in relation to the corresponding new provision; and

                     (d)  the requirements mentioned in subregulations 11.165(2) and (3) are met in relation to the old application;

then, both of the following apply:

                     (e)  the old application is taken:

                              (i)  to be an application for an exemption in relation to the corresponding new provision; and

                             (ii)  to meet the requirements mentioned in regulation 11.165; and

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

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

Note:          For the definition of corresponding new provision , see 202.405.

Transitional exemptions

             (4)  An exemption 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 exemption is made, the exemption 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 exemption is in force immediately before the main commencement time, a new exemption is taken to be made for the purposes of a provision of the new Regulations.



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