Commonwealth Consolidated Acts

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CIVIL AVIATION LEGISLATION AMENDMENT ACT 1998 - SCHEDULE 1

- Amendment of the Civil Aviation (Carriers' Liability) Act 1959

1
Section 7

Repeal the section, substitute:

7
Act to bind Crown
(1)
This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.

(2)
Nothing in this Act makes the Crown in any capacity liable to be prosecuted for an offence.

2
Section 41B

Insert:

"CASA" means the Civil Aviation Safety Authority established by the Civil Aviation Act 1988 .

3
Section 41B

Insert:

"Director" has the same meaning as in the Civil Aviation Act 1988 .

4
Section 41B

Insert:

"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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