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澳大利亞民航法 Australian Civil Aviation Act 1988

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

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(5)This section does not affect the application of section 22 of the Public Governance, Performance and Accountability Act 2013
(which deals with the application of government policy to corporate Commonwealth entities) in relation to CASA.
12A Minister may give the Board notices about its strategic direction etc.
(1) The Minister may notify the Board in writing of the Minister’s views on the following matters:
(a)the appropriate strategic direction for CASA;
(b)the manner in which CASA should perform its functions.
(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.
(2) In performing its functions, the Board must act in accordance with notices given under subsection (1).
12B Minister may direct CASA to give documents and information to nominee
(1) The Minister may direct CASA to give to a specified ministerial nominee any documents or information relating to CASA’s operations that the nominee requests.
(2)CASA must comply with the direction.
(3)In this section:
ministerial nominee means a person whose responsibilities or duties include advising the Minister about CASA’s performance and strategies.
13 CASA’s powers
(1)In addition to any other powers conferred on it by this Act, CASA has, subject to this Act, power to do all things necessary or convenient to be done for or in connection with the performance of its functions.
(2)Without limiting the generality of subsection (1), the powers include, subject to this Act, power:
(a) to enter into contracts; and
(b) to acquire, hold and dispose of real and personal property; and
(e) to let on hire plant, machinery, equipment or goods of CASA not immediately required by CASA; and
(f) to do anything incidental to any of the powers specified in this subsection or otherwise conferred on CASA.
(4)Where CASA may provide a service, CASA may do so:
(a)itself;
(b)in co-operation with another person (including the Commonwealth); or
(c)by arranging for another person (including the Commonwealth) to do so on its behalf.
(5)CASA may appoint a body or bodies to advise CASA in relation to the performance of its functions.
16 Consultation
In the performance of its functions and the exercise of its powers, CASA must, where appropriate, consult with government, commercial, industrial, consumer and other relevant bodies and organisations (including ICAO and bodies representing the aviation industry).
Section 19
Part III—Regulation of civil aviation Division 1—General regulatory provisions 19 Civil Air Ensign
(1)The design and colours of the Civil Air Ensign of Australia are as specified by notification in the Gazette on 4 March 1948, until another ensign is appointed in its place under section 5 of the Flags Act 1953.
(2)The Civil Air Ensign of Australia may be flown or otherwise displayed:
(a)by CASA; or
(aa) by AA; or
(b)on an Australian aircraft engaged in international air navigation; or
(c) with the permission of CASA and in accordance with any conditions specified in the permission.
(3)Except as provided in subsection (2), a person shall not fly or otherwise display the Civil Air Ensign.
Penalty: 5 penalty units.
(4)An offence under subsection (3) is an offence of strict liability. Note: For strict liability, see section 6
of the Criminal Code.
20AA Flying unregistered aircraft etc.
Flying an unregistered aircraft
(1) A person must not fly an aircraft within Australian territory if:
(a) the aircraft is not registered under the regulations; and
(b) the aircraft is, under this Act or those regulations, required to be registered under those regulations.
Penalty: Imprisonment for 2 years.
Section 20AA
(1A) Subsection (1) does not apply to an aircraft that is employed in private operations and that possesses the nationality of a Contracting State.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13
(3) of the Criminal Code).
(2) In subsection (1A), employed in private operations has the same meaning as it has in the regulations.
Flying without a certificate of airworthiness
(3) An owner, operator, hirer (other than the Crown) or pilot of an Australian aircraft must not commence a flight in the aircraft, or permit a flight in the aircraft to commence, if:
(a) there is no certificate of airworthiness under the regulations in force in respect of the aircraft; and
(b) the regulations do not authorise the flight without the certificate.
Penalty: Imprisonment for 2 years.
Flying without satisfying safety requirements
(4) An owner, operator, hirer (other than the Crown) or pilot of an Australian aircraft must not commence a flight in the aircraft, or permit a flight in the aircraft to commence, if one or more of the following apply:
(a) there is outstanding a requirement imposed by or under the regulations in relation to the maintenance of the aircraft;
(b) the aircraft will require maintenance before the flight can end;
(c) there is a defect or damage that may endanger the safety of the aircraft or any person or property;
(d) the aircraft is unsafe for flight.
Penalty: Imprisonment for 2 years.
Section 20AB
20AB Flying aircraft without licence etc.
(1) A person must not perform any duty that is essential to the operation of an Australian aircraft during flight time unless:
(a) the person holds a civil aviation authorisation that is in force and authorises the person to perform that duty; or
(b) the person is authorised by or under the regulations to perform that duty without the civil aviation authorisation concerned.
Penalty: Imprisonment for 2 years.

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