2004-2005 The Parliament of the Commonwealth of Australia THE SENATE Presented and read a first time Civil Aviation Legislation Amendment (Mutual Recognition with New Zealand) Bill 2005 No. , 2005 (Transport and Regional Services) A Bill for an Act to amend the law relating to aviation, and for related purposes [Page Break] 1 Short title ......................................................................................1 2 Commencement .............................................................................1 3 Schedule(s)....................................................................................3 Schedule 1--Amendments related to mutual recognition with New Zealand 4 Civil Aviation Act 1988 4 Civil Aviation (Carriers' Liability) Act 1959 18 i Civil Aviation Legislation Amendment (Mutual Recognition with New Zealand) Bill 2005 No. , 2005 [Page Break] 2 aviation, and for related purposes 3 The Parliament of Australia enacts: 4 1 Short title 5 This Act may be cited as the Civil Aviation Legislation Amendment 6 (Mutual Recognition with New Zealand) Act 2005. 7 2 Commencement 8 (1) Each provision of this Act specified in column 1 of the table 9 commences, or is taken to have commenced, in accordance with 10 column 2 of the table. Any other statement in column 2 has effect 11 according to its terms. 12 Civil Aviation Legislation Amendment (Mutual Recognition with New Zealand) Bill 2005 No. , 2005 1 [Page Break] Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day on which this Act receives the and anything in Royal Assent. this Act not elsewhere covered by this table 2. Schedule 1, A single day to be fixed by Proclamation. items 1 to 19 3. Schedule 1, The later of: item 20 (a) immediately after the commencement of the provision(s) covered by table item 2; and (b) immediately after the commencement of item 10 of Schedule 2 to the Civil Aviation Amendment Act 2005. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. 4. Schedule 1, At the same time as the provision(s) covered items 21 to 28 by table item 2. 5. Schedule 1, The later of: items 29 to 31 (a) immediately after the commencement of the provision(s) covered by table item 2; and (b) immediately after the commencement of item 10 of Schedule 2 to the Civil Aviation Amendment Act 2005. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. 6. Schedule 1, At the same time as the provision(s) covered items 32 to 40 by table item 2. 1 Note: This table relates only to the provisions of this Act as originally 2 passed by the Parliament and assented to. It will not be expanded to 3 deal with provisions inserted in this Act after assent. 2 Civil Aviation Legislation Amendment (Mutual Recognition with New Zealand) Bill 2005 No. , 2005 [Page Break] 2 part of this Act. Information in this column may be added to or 3 edited in any published version of this Act. 4 3 Schedule(s) 5 Each Act that is specified in a Schedule to this Act is amended or 6 repealed as set out in the applicable items in the Schedule 7 concerned, and any other item in a Schedule to this Act has effect 8 according to its terms. Civil Aviation Legislation Amendment (Mutual Recognition with New Zealand) Bill 2005 No. , 2005 3 [Page Break] 1 2 Schedule 1--Amendments related to mutual 3 recognition with New Zealand 4 5 Civil Aviation Act 1988 6 1 Subsection 3(1) 7 Insert: 8 ANZA is short for Australia New Zealand Aviation. 9 2 Subsection 3(1) 10 Insert: 11 ANZA activities in Australian territory, in relation to a New 12 Zealand AOC with ANZA privileges, means the operations in, or 13 flights into or out of, Australian territory that are authorised by the 14 AOC, to the extent that it is expressed to be issued under 15 section 11G of the Civil Aviation Act 1990 of New Zealand. 16 3 Subsection 3(1) 17 Insert: 18 ANZA activities in New Zealand, in relation to an Australian AOC 19 with ANZA privileges, means the operations in, or flights into or 20 out of, New Zealand that are authorised by the AOC, to the extent 21 that it is expressed to be issued for the purposes of the ANZA 22 mutual recognition agreements. 23 4 Subsection 3(1) 24 Insert: 25 ANZA mutual recognition agreements means the agreement or 26 arrangement, or agreements or arrangements, as amended and in 27 force from time to time, identified in regulations made for the 28 purposes of this definition. 29 5 Subsection 3(1) (at the end of the definition of AOC) 30 Add: 4 Civil Aviation Legislation Amendment (Mutual Recognition with New Zealand) Bill 2005 No. , 2005 [Page Break] 1 Note: In some provisions AOC is used in the context of a New Zealand 2 AOC with ANZA privileges (which is a document granted under the 3 Civil Aviation Act 1990 of New Zealand). 4 6 Subsection 3(1) 5 Insert: 6 Australian AOC with ANZA privileges means an AOC that is 7 expressed, wholly or partly, to be issued for the purposes of the 8 ANZA mutual recognition agreements (see subsections 27(2AA) to 9 (2AC)). 10 7 Subsection 3(1) 11 Insert: 12 Australian temporary stop notice has the meaning given by 13 subsection 28D(1). 14 8 Subsection 3(1) 15 Insert: 16 CAA New Zealand means the Civil Aviation Authority established 17 by the Civil Aviation Act 1990 of New Zealand, or any successor to 18 that Authority. 19 9 Subsection 3(1) 20 Insert: 21 Director of CAA New Zealand has the same meaning as Director 22 has in the Civil Aviation Act 1990 of New Zealand. 23 10 Subsection 3(1) 24 Insert: 25 in force for Australia, in relation to a New Zealand AOC with 26 ANZA privileges, has the meaning given by section 3AA. 27 11 Subsection 3(1) 28 Insert: Civil Aviation Legislation Amendment (Mutual Recognition with New Zealand) Bill 2005 No. , 2005 5 [Page Break] 1 New Zealand has the same meaning as in the Interpretation Act 2 1999 of New Zealand. 3 12 Subsection 3(1) 4 Insert: 5 New Zealand AOC with ANZA privileges has the same meaning as 6 in section 2 of the Civil Aviation Act 1990 of New Zealand. 7 13 Subsection 3(1) 8 Insert: 9 New Zealand temporary stop notice has the same meaning as in 10 section 2 of the Civil Aviation Act 1990 of New Zealand. 11 14 After section 3 12 Insert: 13 3AA When a New Zealand AOC with ANZA privileges is in force for 14 Australia 15 (1) For the purposes of this Act, a New Zealand AOC with ANZA 16 privileges is in force for Australia if the AOC: 17 (a) is current under the Civil Aviation Act 1990 of New Zealand; 18 and 19 (b) has come into force for Australia under subsection 28C(1) of 20 this Act. 21 (2) However, while an Australian temporary stop notice is in force in 22 relation to particular activities authorised by a New Zealand AOC 23 with ANZA privileges, the AOC is not in force for Australia in 24 relation to those activities. 25 15 At the end of section 7 26 Add: 27 ; and (c) ANZA activities in New Zealand authorised by Australian 28 AOCs with ANZA privileges. 29 16 After paragraph 9(1)(b) 6 Civil Aviation Legislation Amendment (Mutual Recognition with New Zealand) Bill 2005 No. , 2005 [Page Break] 1 Insert: 2 (ba) ANZA activities in New Zealand authorised by Australian 3 AOCs with ANZA privileges; 4 17 Before paragraph 9(3)(a) 5 Insert: 6 (aa) implementing the ANZA mutual recognition agreements; 7 18 At the end of subsection 26(2) 8 Add: 9 ; or (e) as authorised by a New Zealand AOC with ANZA privileges 10 that is in force for Australia (but only so far as it authorises 11 ANZA activities in Australian territory). 12 Note: For when a New Zealand AOC with ANZA privileges is in force for 13 Australia, see section 3AA. 14 19 After Division 1 of Part III 15 Insert: 16 Division 1A--General provisions about mutual recognition 17 under the ANZA mutual recognition agreements 18 26A Guide to how this Act deals with mutual recognition between 19 Australia and New Zealand 20 (1) This Division contains various general provisions relating to mutual 21 recognition under the ANZA mutual recognition agreements. 22 (2) Other provisions of this Act also deal with mutual recognition under 23 the ANZA mutual recognition agreements, as set out in the table 24 below. 25 Civil Aviation Legislation Amendment (Mutual Recognition with New Zealand) Bill 2005 No. , 2005 7 [Page Break] Outline of other provisions of this Act that deal with mutual recognition Item For provisions concerning... See... 1 New Zealand AOCs that will be (a) section 3AA (when a New Zealand recognised in Australia (known as AOC with ANZA privileges is in New Zealand AOCs with ANZA force for Australia); and privileges) (b) paragraph 26(2)(e) and subsection 27(2) (operating in Australia under such an AOC); and (c) section 28C (holder of such an AOC to provide certain documents and information to CASA); and (d) sections 28D and 28E (the Director's power to issue and revoke Australian temporary stop notices); and (e) section 28G (disapplying regulations that would otherwise apply to the holder of a New Zealand AOC with ANZA privileges). 2 Australian AOCs that will be (a) paragraph 7(c) (extension of Act to recognised in New Zealand (known New Zealand activities); and as Australian AOCs with ANZA (b) paragraph 9(1)(ba) (CASA's safety privileges) regulation role in relation to New Zealand activities); and (c) subsections 27(2AA) to (2AC) (CASA's power to issue Australian AOCs with ANZA privileges); and (d) paragraph 28(1)(e) and section 28B (additional conditions for issue of such AOCs); and (e) subsection 28BD(2) (holders of such AOCs to comply with New Zealand law); and (f) section 28F (CASA's obligations in response to a New Zealand temporary stop notice). 8 Civil Aviation Legislation Amendment (Mutual Recognition with New Zealand) Bill 2005 No. , 2005 [Page Break] Outline of other provisions of this Act that deal with mutual recognition Item For provisions concerning... See... 3 Other aspects of mutual (a) subsection 3(1) (definitions of key recognition terms); and (b) paragraph 9(3)(aa) (CASA's role in implementing the ANZA mutual recognition agreements); and (c) Part IIIA (use of powers to monitor compliance with New Zealand law). 1 26B Disclosure of information by CASA to the Director of CAA New 2 Zealand 3 (1) CASA may disclose information (including personal information) to 4 the Director of CAA New Zealand for a purpose connected with the 5 ANZA mutual recognition agreements. 6 (2) In this section: 7 personal information has the same meaning as in section 6 of the 8 Privacy Act 1988. 9 26C Obligation to consult Director of CAA New Zealand before 10 taking certain actions 11 Before taking any action under this Act or the regulations that 12 would or might affect the ANZA activities in New Zealand that an 13 Australian AOC with ANZA privileges authorises, CASA must: 14 (a) if required by the ANZA mutual recognition agreements, 15 consult the Director of CAA New Zealand; and 16 (b) carry out the consultation in accordance with the ANZA 17 mutual recognition agreements. 18 26D Delegation of Australian powers to employees of CAA New 19 Zealand 20 (1) The Director may, in writing, delegate all or any of CASA's powers 21 under this Act, other than Part IIIA, to an employee of CAA New 22 Zealand for the purposes of the ANZA mutual recognition 23 agreements. Civil Aviation Legislation Amendment (Mutual Recognition with New Zealand) Bill 2005 No. , 2005 9 [Page Break] 1 (2) A delegate is, in the exercise of a power delegated under 2 subsection (1), subject to the directions of the Director. 3 26E Delegation of New Zealand powers and functions to CASA 4 officers 5 (1) Subject to subsection (2), an officer may exercise powers or 6 perform functions delegated to the officer under the Civil Aviation 7 Act 1990 of New Zealand, but only so far as they relate to New 8 Zealand AOCs with ANZA privileges. 9 (2) Subsection (1) does not apply to powers or functions conferred by 10 section 15, 21 or 24 of the Civil Aviation Act 1990 of New 11 Zealand. 12 20 Subsection 26A(2) (after paragraph (d) in the cell at table 13 item 2, column headed "See...") 14 Insert: (da) subsection 28BAA(2) (making certain additional conditions for issue of Australian AOCs with ANZA privileges have effect as ongoing conditions); and 15 21 Subsection 27(2) 16 After "AOC", insert ", by a New Zealand AOC with ANZA privileges 17 that is in force for Australia (but only so far as it authorises ANZA 18 activities in Australian territory)". 19 22 At the end of subsection 27(2) 20 Add: 21 Note: For when a New Zealand AOC with ANZA privileges is in force for 22 Australia, see section 3AA. 23 23 After subsection 27(2) 24 Insert: 25 (2AA) For the purpose of the ANZA mutual recognition agreements, 26 CASA may issue an AOC that authorises aircraft to operate in, or 10 Civil Aviation Legislation Amendment (Mutual Recognition with New Zealand) Bill 2005 No. , 2005 [Page Break] 1 fly into or out of, New Zealand, but only if the AOC also authorises 2 aircraft to operate in, or fly into or out of, Australian territory. 3 Note: The kind of operations authorised by the AOC in New Zealand need 4 not be the same kind of operations as are authorised by the AOC in 5 Australian territory. 6 (2AB) Subsection (2AA) is not intended to limit the circumstances in 7 which CASA may, otherwise than for the purpose of the ANZA 8 mutual recognition agreements, issue an AOC that covers matters 9 referred to in that subsection. 10 (2AC) An AOC that is, to an extent (whether wholly or partly), issued for 11 the purpose of the ANZA mutual recognition agreements, must be 12 expressed to be issued for that purpose to that extent. 13 24 At the end of section 27 14 Add: 15 (10) For the purpose of subsection (2A) as it applies to an Australian 16 AOC with ANZA privileges, a foreign registered aircraft does not 17 include an aircraft registered in New Zealand. 18 25 Subsection 27AE(4) (definition of foreign aircraft AOC) 19 Repeal the definition, substitute: 20 foreign aircraft AOC means: 21 (a) an AOC (other than an Australian AOC with ANZA 22 privileges) authorising the operation of a foreign registered 23 aircraft on flights that are not regulated domestic flights; or 24 (b) an Australian AOC with ANZA privileges authorising the 25 operation of a foreign registered aircraft, other than an aircraft 26 registered in New Zealand, on flights that are not regulated 27 domestic flights. 28 26 Paragraph 28(1)(c) 29 Repeal the paragraph, substitute: 30 (c) if the AOC sought is: 31 (i) an AOC (other than an Australian AOC with ANZA 32 privileges) authorising the operation of a foreign 33 registered aircraft on regulated domestic flights; or Civil Aviation Legislation Amendment (Mutual Recognition with New Zealand) Bill 2005 No. , 2005 11 [Page Break] 1 (ii) an Australian AOC with ANZA privileges authorising 2 the operation of a foreign registered aircraft, other than 3 an aircraft registered in New Zealand, on regulated 4 domestic flights; 5 CASA is also satisfied that the additional conditions in 6 section 28A are satisfied; and 7 27 At the end of subsection 28(1) 8 Add: 9 (d) CASA is satisfied that the person does not hold a New 10 Zealand AOC with ANZA privileges that covers all or any of 11 the AOC operations; and 12 (e) if the AOC sought is an Australian AOC with ANZA 13 privileges--the additional conditions in section 28B are 14 satisfied. 15 28 At the end of Subdivision D of Division 2 of Part III 16 Add: 17 28B Additional conditions for issue of an Australian AOC with 18 ANZA privileges 19 (1) The additional conditions that must be satisfied for the purposes of 20 paragraph 28(1)(e) are: 21 (a) that CASA is satisfied that the applicant does not hold an 22 aviation document granted by the Director of CAA New 23 Zealand that authorises the applicant to conduct all or any of 24 the ANZA activities in New Zealand that the AOC will 25 authorise; and 26 (b) that the Secretary of the Department has advised CASA that, 27 having regard to the ANZA mutual recognition agreements, 28 the applicant is eligible for consideration for an Australian 29 AOC with ANZA privileges; and 30 (c) that CASA is satisfied that the applicant has complied, or is 31 capable of complying, with the provisions of the Civil 32 Aviation Act 1990 of New Zealand, and the regulations and 33 rules made under that Act, that will apply to the applicant in 34 relation to the ANZA activities in New Zealand that the AOC 35 will authorise; and 12 Civil Aviation Legislation Amendment (Mutual Recognition with New Zealand) Bill 2005 No. , 2005 [Page Break] 1 (d) that CASA is satisfied that it will be able to effectively 2 regulate all the operations covered by the application, having 3 regard to the following matters: 4 (i) whether the applicant's supervision of systems that affect 5 the safety of the operations will be principally 6 undertaken from or within Australian territory; and 7 (ii) whether the applicant's training and supervision of 8 employees involved in those systems will be undertaken 9 principally from or within Australian territory; and 10 (iii) whether the majority of the resources used in those 11 systems that are required for the operations will be 12 situated within Australian territory; and 13 (iv) whether the persons who will control the operations will 14 spend the majority of their time in Australian territory; 15 and 16 (e) any applicable additional conditions set out in regulations. 17 (2) CASA must consult the Director of CAA New Zealand about 18 whether the conditions referred to in subsection (1) (other than 19 paragraph (1)(b)) are satisfied. 20 29 Paragraph 28BA(1)(aa) 21 Omit "condition", substitute "conditions". 22 30 Section 28BAA 23 Before "An", insert "(1)". 24 31 At the end of section 28BAA 25 Add: 26 (2) If the AOC is an Australian AOC with ANZA privileges, the AOC 27 also has effect subject to the conditions that: 28 (a) CASA remains satisfied as mentioned in paragraphs 29 28B(1)(a), (c) and (d) in relation to the ANZA activities in 30 New Zealand that the AOC authorises; and 31 (b) the Secretary of the Department does not advise CASA that, 32 having regard to the ANZA mutual recognition agreements, 33 the holder of the AOC is no longer eligible to hold an 34 Australian AOC with ANZA privileges. Civil Aviation Legislation Amendment (Mutual Recognition with New Zealand) Bill 2005 No. , 2005 13 [Page Break] 1 32 Section 28BD 2 Before "The", insert "(1)". 3 33 At the end of section 28BD 4 Add: 5 (2) The holder of an Australian AOC with ANZA privileges must 6 comply with all requirements of the Civil Aviation Act 1990 of New 7 Zealand, and of the regulations and rules under that Act, that apply 8 to the holder in relation to the ANZA activities in New Zealand 9 authorised by the AOC. 10 34 At the end of Division 2 of Part III 11 Add: 12 Subdivision F--Other provisions relating to Australian and New 13 Zealand AOCs with ANZA privileges 14 28C Certain documents and information to be given to CASA by 15 holder of New Zealand AOC with ANZA privileges 16 (1) A New Zealand AOC with ANZA privileges comes into force for 17 Australia when the holder gives CASA: 18 (a) a copy of the AOC; and 19 (b) written notice of the following: 20 (i) details of all conditions imposed by the Director of CAA 21 New Zealand in relation to the AOC; 22 (ii) the holder's New Zealand contact details, including 23 business address, telephone number, fax number (if any), 24 and e-mail address (if any); 25 (iii) the holder's Australian contact details, including 26 business address, telephone number, fax number (if any), 27 and e-mail address (if any); 28 (iv) any other information required by the regulations. 29 Note: Sections 137.1 and 137.2 of the Criminal Code create offences for 30 providing false or misleading information or documents. 31 (2) If the AOC is varied after it has come into force for Australia, the 32 holder must give CASA a copy of the varied AOC by the end of 7 14 Civil Aviation Legislation Amendment (Mutual Recognition with New Zealand) Bill 2005 No. , 2005 [Page Break] 1 days after the day on which the holder receives the varied AOC or a 2 copy of it. 3 Penalty: 2 penalty units. 4 Note 1: Section 137.2 of the Criminal Code creates an offence for providing 5 false or misleading documents. 6 Note 2: The obligation to give CASA a copy of the varied AOC is a 7 continuing obligation and the holder is guilty of an offence for each 8 day, after the 7 day period, until the copy is given to CASA (see 9 section 4K of the Crimes Act 1914). 10 (3) If, after the AOC has come into force for Australia, there is a 11 change to: 12 (a) what ANZA activities in Australia are authorised by the 13 AOC; or 14 (b) any information previously provided by the holder under 15 subsection (1) or this subsection; 16 the holder must give CASA written notice of the change by the end 17 of 7 days after the day on which the change occurs. 18 Penalty: 2 penalty units. 19 Note 1: Section 137.1 of the Criminal Code creates an offence for providing 20 false or misleading information. 21 Note 2: The obligation to notify CASA of a change is a continuing obligation 22 and the holder is guilty of an offence for each day, after the 7 day 23 period, until written notice of the change is given to CASA (see 24 section 4K of the Crimes Act 1914). 25 (4) Subsections (2) and (3) are offences of strict liability. 26 Note: For strict liability, see section 6.1 of the Criminal Code. 27 28D Director's power to give an Australian temporary stop notice to 28 holder of New Zealand AOC with ANZA privileges 29 (1) The Director may give the holder of a New Zealand AOC with 30 ANZA privileges a notice (an Australian temporary stop notice) 31 that requires the holder to cease conducting all or any of the ANZA 32 activities in Australian territory that the AOC authorises for the 33 period (which must not be more than 7 days) specified in the notice. 34 Note: Section 11J of the Civil Aviation Act 1990 of New Zealand obliges 35 the Director of CAA New Zealand to consider what action to take in 36 response to a notice under this subsection. Civil Aviation Legislation Amendment (Mutual Recognition with New Zealand) Bill 2005 No. , 2005 15 [Page Break] 1 (2) The Director may issue the notice only if he or she considers that 2 the conduct of the activities to which the notice will apply 3 constitutes a serious risk to civil aviation safety in Australian 4 territory. 5 (3) Subject to section 28E, the notice comes into force when it is given 6 to the holder and remains in force for the period specified in the 7 notice. 8 (4) The notice must state the facts and circumstances which, in the 9 Director's opinion, give rise to the serious risk to civil aviation 10 safety in Australian territory. 11 (5) The Director must give a copy of the notice to the Director of CAA 12 New Zealand as soon as practicable after the Director of CASA 13 gives the notice to the holder. 14 (6) A failure to comply with subsection (4) or (5) does not invalidate 15 the notice. 16 (7) The Director may not delegate the power to give an Australian 17 temporary stop notice. 18 28E Revocation of an Australian temporary stop notice 19 (1) The Director may revoke an Australian temporary stop notice by 20 notice in writing to the holder of the relevant New Zealand AOC 21 with ANZA privileges. 22 (2) The Director must revoke an Australian temporary stop notice if, 23 while the notice is in force, CASA receives notice from the Director 24 of CAA New Zealand of that Director's decision in response to the 25 Australian temporary stop notice, whether or not the decision is to 26 take action. 27 (3) The Director may not delegate the power to revoke an Australian 28 temporary stop notice. 29 28F CASA's obligation on receiving copy of a New Zealand 30 temporary stop notice 31 (1) If the Director of CAA New Zealand gives CASA a copy of a New 32 Zealand temporary stop notice that relates to a particular Australian 16 Civil Aviation Legislation Amendment (Mutual Recognition with New Zealand) Bill 2005 No. , 2005 [Page Break] 1 AOC with ANZA privileges, CASA must consider the notice 2 immediately and decide, as soon as is practicable, what action (if 3 any) to take under this Act or the regulations in relation to the AOC 4 or the holder of the AOC. 5 (2) In deciding what action to take, CASA must comply with the ANZA 6 mutual recognition agreements. 7 (3) CASA must notify the Director of CAA New Zealand of its 8 decision, and if its decision is to take action, what that action is. 9 Note: CASA must consult the Director of CAA New Zealand if CASA 10 proposes to take action that would or might affect ANZA activities in 11 New Zealand (see section 26C). 12 28G Disapplying regulations that would otherwise apply to the 13 holder of a New Zealand AOC with ANZA privileges 14 (1) The regulations may provide that specified regulations made under 15 this Act do not apply in relation to all or specified ANZA activities 16 in Australian territory authorised by a New Zealand AOC with 17 ANZA privileges. 18 (2) Without limiting subsection (1), regulations made for the purposes 19 of that subsection may provide that specified regulations made 20 under this Act do not apply in relation to an aircraft while it is being 21 operated under a New Zealand AOC with ANZA privileges. 22 35 After subsection 32AC(1) 23 Insert: 24 (1A) Powers under subsection (1) can only be exercised for the purpose 25 of finding out whether legislation referred to in paragraph (b) of the 26 definition of relevant legislation in subsection (2) is being complied 27 with if a request has been made to CASA, in accordance with the 28 ANZA mutual recognition agreements, for the exercise of powers 29 under this Part in relation to that legislation. 30 36 Subsection 32AC(2) (definition of relevant legislation) 31 Repeal the definition, substitute: 32 relevant legislation means: Civil Aviation Legislation Amendment (Mutual Recognition with New Zealand) Bill 2005 No. , 2005 17 [Page Break] 1 (a) this Act, the regulations and the Civil Aviation Orders; and 2 (b) the Civil Aviation Act 1990 of New Zealand, and the 3 regulations and rules made under that Act. 4 37 After subsection 32AD(1) 5 Insert: 6 (1A) An application under subsection (1) can only be made for the 7 purpose of finding out whether legislation referred to in 8 paragraph (b) of the definition of relevant legislation in subsection 9 32AC(2) is being complied with if a request has been made to 10 CASA, in accordance with the ANZA mutual recognition 11 agreements, for the exercise of powers under this Part in relation to 12 that legislation. 13 38 After subsection 98(3) 14 Insert: 15 (3AA) Despite the ANZA mutual recognition agreements, the regulations 16 cannot allow for the mutual recognition of ANZA safety 17 certifications (other than AOCs) between Australia and New 18 Zealand. For this purpose, an ANZA safety certification is: 19 (a) a civil aviation authorisation; or 20 (b) an aviation document, within the meaning of the Civil 21 Aviation Act 1990 of New Zealand. 22 (3AB) Subsection (3AA) does not prevent the making of regulations for 23 purposes connected with the Trans-Tasman Mutual Recognition 24 Act 1997. 25 Civil Aviation (Carriers' Liability) Act 1959 26 39 Subsection 26(1) (at the end of the definition of airline 27 licence) 28 Add: 29 ; or (c) a New Zealand AOC with ANZA privileges (as defined in 30 section 3 of the Civil Aviation Act 1988) authorising airline 31 operations. 18 Civil Aviation Legislation Amendment (Mutual Recognition with New Zealand) Bill 2005 No. , 2005 [Page Break] 1 40 Subsection 26(1) (at the end of the definition of charter 2 licence) 3 Add: 4 ; or (c) a New Zealand AOC with ANZA privileges (as defined in 5 section 3 of the Civil Aviation Act 1988) authorising charter 6 operations. Civil Aviation Legislation Amendment (Mutual Recognition with New Zealand) Bill 2005 No. , 2005 19