澳大利亞民航法 Australian Civil Aviation Act 1988

時(shí)間：2014-12-28 14:05來源：藍(lán)天飛行翻譯公司 作者：民航翻譯 點(diǎn)擊：次

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penalty units, for a contravention of a provision of the regulations or a direction, instruction or condition issued,
given, made or imposed under, or in force by virtue of, the regulations;
(q) enabling a person who is alleged to have contravened a specified provision of the regulations to pay to CASA, as an alternative to prosecution, a specified penalty, not exceeding an amount equal to one-fifth of the maximum penalty prescribed for contravening that provision;
(r)standards relating to the establishment and use of airspace; (ra) formulating a scheme in relation to security status checking;
(s) the planning, construction, establishment, maintenance,
operation and use of:
(i) services and facilities of the kind covered by paragraph 8(1)(a) of the Air Services Act 1995; and
(iii) services of the kind referred to in paragraph 6(1)(b) of the Australian Maritime Safety Authority Act 1990 to the extent that those services use aircraft; and any construction associated with those facilities or services;
(t) the personnel engaged in anything referred to in paragraph (s);
(u)prescribing fees (either by specifying amounts or by prescribing a method of calculation) in relation to services, applications or requests, or the doing of anything, under this Act, the regulations or the Civil Aviation Orders, other than services provided by, applications or requests dealt with in any way by, or anything done by, an external service provider (within the meaning of section 97AB);
(v)prescribing fees (either by specifying amounts or by prescribing a method of calculation) in relation to services, applications or requests, or the doing of anything by CASA under the Aviation Transport Security Act 2004.
(3AA) Despite the ANZA mutual recognition agreements, the regulations cannot allow for the mutual recognition of ANZA safety certifications (other than AOCs) between Australia and New Zealand. For this purpose, an ANZA safety certification is:
(a) a civil aviation authorisation; or
(b) an aviation document, within the meaning of the Civil Aviation Act 1990 of New Zealand.
(3AB) Subsection (3AA) does not prevent the making of regulations for purposes connected with the Trans-Tasman Mutual Recognition Act 1997.
(3A) The regulations may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in a written instrument or other document, as in force at a particular time or from time to time, even if the written instrument or other document does not yet exist when the regulation is made.
For this purpose, modifications includes omissions, additions and substitutions.
(3B) Nothing in this Act (including, in particular, subsection 9(1), subsection 13(4) and section 94) is to be taken to prevent regulations being made which provide for the delegation of:
(a)a function conferred on CASA under subsection 9(1); or
(b)a power of CASA for or in connection with the performance of that function;
to a person who is not an officer.
(4) Where the regulations provide for the removal, marking or lighting of anything referred to in paragraph (3)(g), the regulations shall also provide for the payment of compensation to any person who suffers loss or damage or incurs expense in or as a direct result of the removal, marking or lighting.
(4A) CASA may issue Civil Aviation Orders, not inconsistent with this Act or the regulations, and not prescribing any pecuniary penalty, with respect to any matter in relation to which regulations may be made for the purposes of section 23, 23B or 28BA.
(4B) An order issued under subsection (4A) is a legislative instrument, but Part 6 of the Legislative Instruments Act 2003 does not apply to the order.
(5) The regulations may provide that CASA may issue a Civil Aviation Order containing a direction, instruction, notification, permission, approval or authority.
(5AAA) A Civil Aviation Order issued under a regulation made under subsection (5) is a legislative instrument, but Part 6 of the Legislative Instruments Act 2003 does not apply to the Order.
(5A) The regulations may empower CASA to issue instruments in relation to the following:
(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft;
(b)the airworthiness of, or design standards for, aircraft. An instrument must not prescribe a penalty.
(5AA) An instrument issued under paragraph (5A)(a) is a legislative instrument if the instrument is expressed to apply in relation to:
(a)a class of persons; or
(b)a class of aircraft; or
(c)a class of aeronautical product;
but Part 6 of the Legislative Instruments Act 2003 does not apply to the instrument.
(5AB) An instrument issued under paragraph (5A)(a) is not a legislative instrument if the instrument is expressed to apply in relation to:
(a)a particular person; or
(b)a particular aircraft; or
(c)a particular aeronautical product.
(5B) An instrument issued under a regulation made under paragraph (5A)(b) is a legislative instrument if the instrument is, or relates to:
(a)an airworthiness directive; or
(b)an airworthiness standard; or
(c)a design standard;
but Part 6 of the Legislative Instruments Act 2003 does not apply to the instrument.
(5BA) However, an instrument issued under a regulation made under paragraph (5A)(b) is not a legislative instrument if the instrument is expressed to apply in relation to:
(a)a particular person; or
(b)a particular aircraft; or
(c)a particular aeronautical product.
(5C) Subsection (5A) is not taken to affect CASA’s power to issue directions or instructions under paragraph 98(3)(h).
(5D) Despite section 14 of the Legislative Instruments Act 2003, a legislative instrument made under this Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing:

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