Commonwealth Numbered Regulations

1988 NO. 158 CIVIL AVIATION REGULATIONS - REG 311

311. (1) Where:

   (a)  an instrument (other than an Air Navigation Order or an instrument
        delegating powers or functions) made, granted or issued by a person
        under or for the purposes of a provision of the Air Navigation
        Regulations was in effect immediately before the commencement of these
        Regulations; and

   (b)  that provision is one to which a provision of these Regulations
        corresponds; the instrument continues to have effect after the
        commencement of these Regulations as if it had been made, granted or
        issued by the appropriate person under or for the purposes of that
        corresponding provision of these Regulations.

(2) Where:

   (a)  an Air Navigation Order issued under the Air Navigation Regulations
        for the purposes of a provision of those Regulations was in effect
        immediately before the commencement of these Regulations; and

   (b)  that provision is one to which a provision of these Regulations
        corresponds; the Air Navigation Order continues to have effect after
        the commencement of these Regulations as if it had been issued by the
        Authority for the purposes of that corresponding provision of these
        Regulations.

(3) Where:

   (a)  any act done, step taken or decision made (not being the making,
        granting or issuing of an instrument) by a person under or for the
        purposes of a provision of the Air Navigation Regulations was in
        effect immediately before the commencement of these Regulations; and

   (b)  that provision is one to which a provision of these Regulations
        corresponds; the act, step or decision continues to have effect after
        the commencement of these Regulations as if it had been done, taken or
        made by the appropriate person under or for the purposes of that
        corresponding provision of these Regulations.

(4) An Air Navigation Order referred to in subregulation (2) shall, in its
operation after the commencement of these Regulations, be taken to be a Civil
Aviation Order made under these Regulations.

(5) Where any act done, step taken or decision made by a person under or for
the purposes of an Air Navigation Order referred to in subregulation (2) was
in effect immediately before the commencement of these Regulations, the act,
step or decision continues to have effect after the commencement of these
Regulations as if it had been done, taken or made by the appropriate person
under or for the purposes of that Air Navigation Order as continued in effect
after the commencement of these Regulations as a Civil Aviation Order.

(6) In an instrument (including an Air Navigation Order) that, by virtue of
this regulation continues to have effect in the manner provided in this
regulation:

   (a)  a reference to the Secretary to the Department shall be read as a
        reference to the Authority;

   (b)  a reference to the Department (other than a reference mentioned in
        paragraph (a)) shall be read as a reference to the Authority;

   (c)  a reference to a provision of the Air Navigation Act 1920 shall be
        read as a reference to the corresponding provision of the Act;

   (d)  a reference to a provision of the Air Navigation Regulations shall be
        read as a reference to the corresponding provision of these
        Regulations; and

   (e)  a reference to an Air Navigation Order that, by virtue of this
        regulation, continues to have effect as a Civil Aviation Order shall
        be read as a reference to that Civil Aviation Order.