"member" has the same meaning as in the Civil Aviation Act 1988 .
5
Subsection 41C(1)
Omit "The Minister may, at any time and from time to time, by written notice
given to a carrier", substitute "CASA may, at any time and from time to time,
by written notice given to a carrier (other than a carrier that is, or is an
agent of, the Crown in any capacity)".
6
Sections 41C, 41J and 41K
Omit "the Minister" (wherever occurring), substitute "CASA".
7
After section
41C
Insert:
41CA
Carrier that is, or is an agent of, the Crown may be required to
show that adequate financial arrangements exist to discharge personal injury
liability of the carrier - (1)
- CASA may, at any time and from time to time, by
written notice to a carrier that is, or is an agent of, the Crown in any
capacity, require the carrier, within a period set out in the notice, to
produce evidence, satisfactory to CASA, that financial arrangements exist that
are adequate to discharge any personal injury liability that has accrued or
may accrue to the carrier.
- (2)
- If CASA is satisfied that such financial
arrangements exist, CASA may give the carrier a written certificate stating
that CASA is so satisfied.
8
Subsection 41E(1)
After "carrier" (first occurring), insert "(other than a carrier that is, or
is an agent of, the Crown in any capacity)".
9
After subsection 41E(1)
Insert:
- (1A)
- If a carrier who is, or is an agent of, the Crown in any
capacity has been required by CASA under section 41CA to produce evidence,
satisfactory to CASA, of the existence of financial arrangements referred to
in that section, the carrier must not carry passengers by air unless the
carrier has produced such evidence.
10
Section 41L
Repeal the section, substitute:
41L
Delegation
- (1)
- The Director may, in writing, delegate all or any of CASA's powers under
this Part to:
- (a)
- a member; or
- (b)
- a member of the staff of CASA.
- (2)
- The power of delegation referred to in paragraph (1)(b) includes a power to
delegate a power to any member of the staff of CASA from time to time holding,
occupying, or performing the duties of, a specified office or position, even
if the office or position does not come into existence until after the
delegation is given.
- (3)
- If:
- (a)
- the Director has, under this section, delegated a power of CASA contained
in a provision of this Part; and
- (b)
- a delegate exercises the power;
a
reference in that provision to CASA is taken, in relation to the exercise of
the power by the delegate, to be a reference to the delegate.
11
At the end
of Part IVA
Add:
41M
Saving
Any action taken or any other thing done by, or in relation to, the Minister
or a delegate of the Minister before the commencement of this section is to be
treated after that commencement as if it had been taken or done by or in
relation to CASA.
12
At the beginning of Part V
Insert:
41N
Corresponding State laws may confer functions and powers on
Commonwealth authorities and officers
A law of a State may confer functions and powers on Commonwealth authorities
and officers for the purposes of any of the provisions of sections 41B to 41M
as those provisions apply as a law of the State, either with or without
modifications, and those Commonwealth authorities and officers may perform or
exercise the functions or powers so conferred.
13
Modification of
regulations
(1) Any regulations that were in force immediately before the commencement of
this Schedule for the purposes of Part IVA of the Civil Aviation
(Carriers' Liability) Act 1959 as in force at that time have effect as if
references in those regulations to the Minister were references to CASA.
(2)
Subitem (1) does not prevent regulations that have effect as mentioned in that
subitem from being amended or repealed by further regulations made under the
Civil Aviation (Carriers' Liability) Act 1959 .
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