Commonwealth Numbered Acts

CIVIL AVIATION LEGISLATION AMENDMENT ACT 1995 No. 82 of 1995 - SCHEDULE 1

                              SCHEDULE 1                   Section 3

AMENDMENT OF THE CIVIL AVIATION ACT 1988 1. Title: After "Aviation" insert
"Safety". 2. Subsection 3(1) (definition of "authorised officer"): Omit "the
Authority", substitute "CASA". 3. Subsection 3(1) (definition of "Board"):
Omit "the Authority", substitute "CASA". 4. Subsection 3(1) (definition of
"certificate"): Omit "Air Operator's Certificate", substitute "AOC". 5.
Subsection 3(1) (definition of "corporate plan"): Omit "developed by the Board
under paragraph 43(1)(a)", substitute "prepared by the Board under subsection
44(1)". 6. Subsection 3(1) (definition of "member"): Omit "and the Deputy
Chairperson". 7. Subsection 3(1) (definition of "officer"): Omit "the
Authority", substitute "CASA". 8. Subsection 3(1) (definition of "aerodrome"):
Omit the definition, substitute:

" 'aerodrome' means an area of land or water (including any buildings,
installations and equipment), the use of which as an aerodrome is authorised
under the regulations, being such an area intended for use wholly or partly
for the arrival, departure or movement of aircraft;". 9. Subsection 3(1)
(definition of "aircraft"): Omit the definition, substitute:

" 'aircraft' means any machine or craft that can derive support in the
atmosphere from the reactions of the air, other than the reactions of the air
against the earth's surface;". 10. Subsection 3(1) (definition of "regulatory
functions"): Omit the definition, substitute:

" 'regulatory function' means the function under subsection 9(1);". 11.
Subsection 3(1) (definitions of "Air Operator's Certificate", "assets",
"Authority", "charge", "currency contract", "Deputy Chairperson", "financial
plan", "futures contract", "outstanding amount", "payable", "payment period",
"penalty", "Register", "Registrar", "securities", "share" and "statutory
lien"): Omit the definitions. 12. Subsection 3(1): Insert:

" 'AA' means Airservices Australia established by the Air Services Act 1995;
'AOC' means an Air Operator's Certificate issued under Division 2 of Part III;
'aviation safety standards' means standards relating to the following:

   (a)  the flight crews engaged in operations of aircraft;

   (b)  the design, construction, maintenance, operation and use of aircraft
        and related equipment;

   (c)  the planning, construction, establishment, operation and use of
        aerodromes;

   (d)  the establishment and use of airspace;

   (e)  the planning, construction, establishment, maintenance, operation and
        use of:

        (i)    facilities of the kind referred to in paragraph 8(1)(a) of the
               Air Services Act 1995; and

        (ii)   services of the kind referred to in paragraph 8(1)(b) of the
               Air Services Act 1995; and any construction associated with
               those facilities or services;

   (f)  the personnel engaged in:

        (i)    the maintenance of aircraft and related equipment; or

        (ii)   anything referred to in paragraph (c) or (e);
'CASA' means the Civil Aviation Safety Authority established by this Act;
'Civil Aviation Orders' means the orders made under subsection 98(4A) or
referred to in subsection 98(5);
'Director' means the Director of Aviation Safety appointed under section 84;
'ICAO' means the International Civil Aviation Organization referred to in the
Chicago Convention;". 13. Subsections 3(2) to (5) (inclusive): Omit the
subsections. 14. After section 3: Insert: Main object of this Act

"3A. The main object of this Act is to establish a regulatory framework for
maintaining, enhancing and promoting the safety of civil aviation, with
particular emphasis on preventing aviation accidents and incidents.''. 15.
Section 4A: Omit "the Authority" (wherever occurring), substitute "CASA". 16.
Subsection 5(1): After "States," insert "of the Australian Capital
Territory,". 17. Paragraph 7(ab): Omit "section 10A'', substitute "subsection
9(4)''. 18. Part II (heading): Omit the heading, substitute:

"PART II-ESTABLISHMENT, FUNCTIONS ETC. OF CASA". 19. Subsection 8(1): Omit the
subsection, substitute:

"(1) An authority called the Civil Aviation Safety Authority is established by
this subsection.". Note: The heading to section 8 is altered by omitting
"Authority" and substituting "CASA". 20. Subsection 8(2): Omit "The
Authority", substitute "CASA". 21. Subsection 8(3): Omit "the Authority",
substitute "CASA". 22. Section 9: Repeal the section, substitute: CASA's
functions

"9.(1) CASA has the function of conducting the safety regulation of the
following, in accordance with this Act and the regulations:

   (a)  civil air operations in Australian territory;

   (b)  the operation of Australian aircraft outside Australian territory; by
        means that include the following:

   (c)  developing and promulgating appropriate, clear and concise aviation
        safety standards;

   (d)  developing effective enforcement strategies to secure compliance with
        aviation safety standards;

   (e)  issuing certificates, licences, registrations and permits;

   (f)  conducting comprehensive aviation industry surveillance, including
        assessment of safety-related decisions taken by industry management at
        all levels for their impact on aviation safety;

   (g)  conducting regular reviews of the system of civil aviation safety in
        order to monitor the safety performance of the aviation industry, to
        identify safety-related trends and risk factors and to promote the
        development and improvement of the system;

   (h)  conducting regular and timely assessment of international safety
        developments.

"(2) CASA also has the following safety-related functions:

   (a)  encouraging a greater acceptance by the aviation industry of its
        obligation to maintain high standards of aviation safety, through:

        (i)    comprehensive safety education and training programs; and

        (ii)   accurate and timely aviation safety advice; and

        (iii)  fostering an awareness in industry management, and within the
               community generally, of the importance of aviation safety and
               compliance with relevant legislation;

   (b)  promoting full and effective consultation and communication with all
        interested parties on aviation safety issues.

"(3) CASA also has the following functions:

   (a)  co-operating with the Bureau of Air Safety Investigation in relation
        to the investigation of aircraft accidents and incidents;

   (b)  any functions conferred on CASA under the Civil Aviation (Carriers'
        Liability) Act 1959, or under a corresponding law of a State or
        Territory;

   (c)  any functions conferred on CASA under the Air Navigation Act 1920;

   (d)  any other functions prescribed by the regulations, being functions
        relating to any matters referred to in this section;

   (e)  promoting the development of Australia's civil aviation safety
        capabilities, skills and services, for the benefit of the Australian
        community and for export;

   (f)  providing consultancy and management services relating to any of the
        matters referred to in this section, both within and outside
        Australian territory;

   (g)  any functions incidental to any of the functions specified in this
        section.

"(4) In performing the function under paragraph (3)(f), CASA may, under a
contract with a foreign country or with an agency of a foreign country,
provide services for that country or agency in relation to the regulation of
the safety of air navigation or any other matter in which CASA has expertise.
Those services may include conducting safety regulation in relation to foreign
aircraft under the law of a foreign country.

"(5) CASA's functions do not include responsibility for aviation security.''.
23. Section 9AA: Repeal the section. 24. Section 9A: Repeal the section,
substitute: Performance of functions

"9A.(1) In exercising its powers and performing its functions, CASA must
regard the safety of air navigation as the most important consideration.

"(2) Subject to subsection (1), CASA must exercise its powers and perform its
functions in a manner that ensures that, as far as is practicable, the
environment is protected from:

   (a)  the effects of the operation and use of aircraft; and

   (b)  the effects associated with the operation and use of aircraft.". 25.
        Section 10: Repeal the section. 26. Section 10A: Repeal the section.
        27. Section 11: Omit "The Authority", substitute "CASA". 28. Section
        11A: Repeal the section. 29. Subsection 12(1): Omit "the Authority",
        substitute "CASA". 30. Subsection 12(2): Omit "the regulatory
        functions", substitute "its regulatory function". 31. Subsection
        12(3): Omit the subsection. 32. Subsection 12(4): Omit "The
        Authority", substitute "CASA". 33. After section 12: Insert: Minister
        may give CASA notices about its strategic direction etc.

"12A.(1) The Minister may notify CASA 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.

"(2) In performing its functions, CASA must take account of notices given
under subsection (1). Minister may direct CASA to give documents and
information to nominee

"12B.(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.". 34. Section
13: Omit "the Authority" (wherever occurring), substitute "CASA". Note: The
heading to section 13 is replaced by the heading "CASA's powers". 35.
Paragraph 13(2)(a): Add at the end "and". 36. Paragraph 13(2)(b): Add at the
end "and". 37. Paragraphs 13(2)(c) and (d): Omit the paragraphs. 38.
Subsection 13(4): Omit "facility or''. 39. Subsection 13(5): Omit "The
Authority", substitute "CASA". 40. Section 14: Repeal the section. 41. Section
15: Repeal the section. 42. Section 16: Omit "the Authority shall", substitute
"CASA must". 43. Section 16: Add at the end "(including ICAO and bodies
representing the aviation industry)".

44. After the heading to Part III: Insert:

"Division 1-General regulatory provisions". 45. Section 17: Repeal the
section. 46. Section 18: Repeal the section, substitute: Permissions must be
based on safety matters

"18.(1) If a person applies to CASA for a permission, CASA must give the
permission if CASA is satisfied that the person has complied with, or is
capable of complying with, the safety rules (including rules about the
competence of persons to do anything that would be covered by the permission).

"(2) CASA must not do any of the following, except to ensure compliance with
the safety rules:

   (a)  impose a condition on a permission;

   (b)  vary a condition of a permission;

   (c)  suspend or cancel a permission.

"(3) In this section:
'permission' means a permission under this Part, other than a permission under
paragraph 19(2)(c) or section 27A;
'safety rules' means the provisions of this Act, and of the regulations, that
relate to safety.". 47. Paragraph 19(2)(a): Omit "the Authority;", substitute
"CASA; or". 48. After paragraph 19(2)(a): Insert:

"(aa) by AA; or". 49. Paragraph 19(2)(c): Omit "the Authority", substitute
"CASA". 50. Section 20: Omit "The Authority", substitute "CASA". 51. Section
20: Omit "the Authority" (wherever occurring), substitute "CASA". 52.
Subsection 20A(1): Omit the subsection, substitute:

"(1) No person may operate an aircraft in a careless or reckless manner so as
to endanger the life of another person.''. 53. Subsection 20A(2): Omit the
subsection, substitute:

"(2) No person may operate an aircraft in a careless or reckless manner so as
to endanger the person or property of another person.''. 54. Section 21: Omit
"the Authority" (wherever occurring), substitute "CASA". 55. Subsection 21(1)
(definition of "installation"): Omit "metallic". 56. Subsection 21(2): Omit
"radiocommunications to or from aircraft, or with navigational aids",
substitute "communications to or from aircraft, or communications to or from
centres established for air traffic control, or with navigational aids or with
surveillance systems". Note: The heading to section 21 is amended by omitting
"navigational aids" and substituting "aeronautical facilities". 57. Subsection
21(3): Omit "The Authority", substitute "CASA". 58. After subsection 21(10):
Add:

"(11) The Director may, in writing, delegate any of CASA's powers under this
section to AA.

"(12) The Chief Executive Officer of AA may delegate to a member or employee
of AA any powers that are delegated to AA under subsection (11).

"(13) In this section:
'officer' includes an employee of AA.".

59. Section 23: Omit "the Authority" (wherever occurring), substitute "CASA".
60. Section 25: Omit "the Authority" (wherever occurring), substitute "CASA".
61. Subsection 26(1): Omit "the Authority", substitute "CASA". 62. Paragraph
26(2)(d): Omit "Air Operator's Certificate", substitute "AOC". 63. After
section 26: Insert:

"Division 2-Air Operators' Certificates (AOCs)

"Subdivision A-General". 64. Section 27: Omit "a Certificate" (wherever
occurring), substitute "an AOC". 65. Section 27: Omit "A Certificate"
(wherever occurring), substitute "An AOC". 66. Subsection 27(1): Omit "The
Authority", substitute "CASA". 67. Subsection 27(1): Omit "Air Operators'
Certificates", substitute "AOCs". 68. Paragraph 27(2)(a): Add at the end
"and". 69. Subsection 27(2A): Omit "the Certificate", substitute "the AOC".
70. Subsections 27(3) to (6) (inclusive): Omit the subsections, substitute:

"(3) If a holder of an AOC makes a request in writing to CASA for the
revocation of the AOC, CASA must cancel the AOC.''. 71. Subsection 27(7): Omit
"the Authority", substitute "CASA". Note: The heading to section 27 is
replaced by the heading "AOCs". 72. After section 27: Insert:

"Subdivision B-Application for AOC Application in approved form

"27AA. An application for an AOC must be in a form approved by CASA. Lodgment
of manuals

"27AB.(1) An applicant for an AOC must lodge with CASA a copy of the current
flight manual for every type of aircraft covered by the application.

"(2) If the applicant is (or will be) required by the regulations or Civil
Aviation Orders to have any of the following manuals, the applicant must lodge
the current or proposed version of the manual concerned:

   (a)  an operations manual;

   (b)  a training and checking manual;

   (c)  a dangerous goods manual.

"(3) The applicant is not required to lodge a manual under this section if the
applicant has previously lodged a copy of the same version of the manual.

"(4) If the applicant already holds a current AOC and is applying for a new
AOC that:

   (a)  would authorise the same things as the current AOC; and

   (b)  would come into force when the term of the current AOC expires; the
        applicant is required to comply with the lodgment requirements of this
        section only to the extent (if any) that CASA, by written notice,
        requires compliance. CASA may require information etc. and inspections
        etc.

"27AC.(1) CASA may give a written notice to an applicant for an AOC, requiring
the applicant to give CASA information in writing, or documents, that:

   (a)  are described in the notice; and

   (b)  are in the applicant's possession or under the applicant's control;
        and

   (c)  are reasonably required by CASA to properly consider the application.

"(2) CASA may give a written notice to an applicant for an AOC, requiring the
applicant to permit an authorised officer to carry out an inspection or test
that:

   (a)  is described in the notice; and

   (b)  is reasonably required by CASA to properly consider the application.

"(3) In this section:
'aircraft component' has the same meaning as in the regulations;
'aircraft material' has the same meaning as in the regulations;
'inspection or test' means an inspection or test of any of the following:

   (a)  any aircraft covered by the application;

   (b)  any aircraft component or aircraft material for, or equipment fitted
        to or provided in, any aircraft covered by the application;

   (c)  any premises used, or proposed to be used, for the purpose of
        conducting or carrying out the operations covered by the application;

   (d)  any facilities, procedures or practices used, or proposed to be used,
        for a purpose covered by the application. CASA may require proving
        flights etc.

"27AD.(1) CASA may give a written notice to an applicant for an AOC, requiring
the applicant:

   (a)  to conduct proving flights; or

   (b)  to carry out other aircraft tests or demonstrations of procedures; to
        assess whether the applicant can safely conduct the operations covered
        by the application.

"(2) The notice must describe the proving flights, tests or demonstrations
that the applicant is required to conduct or carry out.

"(3) The proving flights, tests or demonstrations must be conducted or carried
out under the supervision or observation of an authorised officer and in
accordance with the requirements mentioned in the notice. Application for
foreign aircraft AOC

"27AE.(1) CASA may give a written notice to an applicant for a foreign
aircraft AOC, requiring the applicant to give CASA all or any of the
following:

   (a)  a copy of any air operator's certificate, or any document having
        substantially the same effect, issued by the authority responsible for
        regulating civil aviation in the country in which the aircraft is
        registered or operating;

   (b)  a copy of any limitations or conditions imposed by the authority on
        operations conducted or carried out by the applicant, unless those
        limitations or conditions are specified in a certificate or document
        specified in paragraph (a);

   (c)  copies of any operational authorisations or requirements, however
        described, issued by the authority in relation to the operations of
        the applicant, unless those authorisations or requirements are
        specified in a certificate or document specified in paragraph (a) or
        (b);

   (d)  written particulars of all licences held by flight crew members
        intended to be engaged in carrying out operations under the foreign
        aircraft AOC.

"(2) CASA must state in the notice whether the applicant is to comply with the
notice:

   (a)  in addition to complying with the lodgment requirements of section
        27AB; or

   (b)  instead of complying with those requirements, or such of them as are
        identified in the notice.

"(3) If the notice indicates that the applicant is to do something instead of
complying with all or any of the requirements of section 27AB, the applicant
need not comply with those requirements of section 27AB.

"(4) In this section:
'foreign aircraft AOC' means an AOC authorising the operation of a foreign
registered aircraft on flights that are not domestic commercial flights. CASA
not required to consider application until requirements complied with

"27AF. CASA may refuse to consider an application, or to consider it further,
while there are requirements under this Subdivision that the applicant has not
complied with.

"Subdivision C-Operation of a foreign aircraft without AOC". 73. Section 27A:
Omit "the Authority" (wherever occurring), substitute "CASA". 74. Section 27A:
Omit "The Authority" (wherever occurring), substitute "CASA". 75. Paragraph
27A(1)(b): Omit "Air Operator's Certificate", substitute "AOC". Note: The
heading to section 27A is altered by omitting "Air Operator's Certificate" and
substituting "AOC". 76. After section 27A: Insert:

"Subdivision D-Issue of AOCs". 77. Section 28: Repeal the section, substitute:
CASA must issue AOC if satisfied about certain matters

"28.(1) If a person applies to CASA for an AOC, CASA must issue the AOC if,
and only if:

   (a)  CASA is satisfied that the applicant has complied with, or is capable
        of complying with, the provisions of this Act, the regulations and the
        Civil Aviation Orders, that relate to safety, including provisions
        about the competence of persons to do anything that would be covered
        by the AOC; and

   (b)  CASA is satisfied about the following matters in relation to the
        applicant's organisation:

        (i)    the organisation is suitable to ensure that the AOC operations
               can be conducted or carried out safely, having regard to the
               nature of the AOC operations;

        (ii)   the organisation's chain of command is appropriate to ensure
               that the AOC operations can be conducted or carried out safely;

        (iii)  the organisation has a sufficient number of suitably qualified
               and competent employees to conduct or carry out the AOC
               operations safely;

        (iv)   key personnel in the organisation have appropriate experience
               in air operations to conduct or to carry out the AOC operations
               safely;

        (v)    the facilities of the organisation are sufficient to enable the
               AOC operations to be conducted or carried out safely;

        (vi)   the organisation has suitable procedures and practices to
               control the organisation and ensure that the AOC operations can
               be conducted or carried out safely;

        (vii)  if CASA requires particulars of licences held by flight crew
               members of the organisation-the authorisations conferred by the
               licences are appropriate, having regard to the nature of the
               AOC operations; and

   (c)  if the AOC sought would authorise the operation of a foreign
        registered aircraft on domestic commercial flights-CASA is also
        satisfied that the additional conditions in subsection 27AE(1) have
        been met.

"(2) The financial position of the applicant is one of the matters that CASA
may take into account in forming a view for the purposes of paragraph (1)(a).

"(3) In this section:
'AOC operations' means the operations covered by the application;
'applicant's organisation' means the organisation established, or proposed to
be established, by the applicant to conduct or carry out the operations
covered by the application;
'key personnel' means the people (however they are described) that hold, or
carry out the duties of, the following positions in the applicant's
organisation:

   (a)  the chief executive officer;

   (b)  the head of the flying operations part of the organisation;

   (c)  the head of the aircraft maintenance part (if any) of the
        organisation;

   (d)  the head of the training and checking part (if any) of the
        organisation.". 78. Subsection 28A(1): Omit "the Authority" (wherever
        occurring), substitute "CASA". 79. Subsection 28A(1): Omit "paragraph
        28(2)(c)", substitute "paragraph 28(1)(c)". 80. Subparagraph
        28A(1)(a)(ii): Omit "Certificate", substitute "AOC". 81. Subparagraph
        28A(1)(a)(ii): Omit "Air Operator's Certificate", substitute "air
        operator's certificate". 82. Subparagraph 28A(1)(d)(ii): Omit
        "certificate", substitute "AOC". 83. Paragraph 28A(1)(h): Omit
        "certificate", substitute "AOC". Note: The heading to section 28A is
        altered by omitting "Air Operator's Certificates" and substituting
        "AOC".

84. After section 28A: Insert:

"Subdivision E-Conditions of AOC General conditions

"28BA.(1) An AOC has effect subject to the following conditions:

   (a)  the condition that sections 28BD, 28BE, 28BF, 28BG and 28BH are
        complied with;

   (b)  any conditions specified in the regulations or Civil Aviation Orders;

   (c)  any conditions imposed by CASA under section 28BB.

"(2) If a condition of an AOC is breached, the AOC does not authorise any
flight or operation to which the condition relates while the breach continues.
This subsection does not apply to the condition specified in paragraph (1)(a).

"(3) If a condition of an AOC is breached, CASA may, by written notice given
to its holder, suspend or cancel:

   (a)  the AOC; or

   (b)  any specified authorisation contained in the AOC; whether or not the
        breach is continuing. CASA may impose and vary AOC conditions

"28BB.(1) CASA may:

   (a)  at the time of issuing an AOC, impose conditions by specifying them in
        the AOC; and

   (b)  at any time after the issue of an AOC, give a written notice to the
        holder of the AOC, imposing conditions, or further conditions, on the
        AOC.

"(2) CASA may at any time give a written notice to the holder of an AOC,
varying any of the conditions of the AOC that were imposed by CASA. A
variation may be made:

   (a)  on the application of the holder of an AOC; or

   (b)  on CASA's own initiative.

"(3) An application for variation must:

   (a)  be in writing; and

   (b)  set out the variation sought and the reasons why it is sought.

"(4) Section 27AD applies to an application under this section in the same way
that section 27AD applies to an application for an AOC. Limits on CASA's power
to impose or vary AOC conditions

"28BC.(1) CASA must not:

   (a)  impose or vary a condition of an AOC that:

        (i)    is not a mixed authority AOC; and

        (ii)   authorises the operation of a foreign registered aircraft on
               domestic commercial flights; or

   (b)  impose or vary a condition relating to the authorisation of the
        operation of a foreign registered aircraft on domestic commercial
        flights that is contained in a mixed authority AOC; or

   (c)  suspend or cancel an AOC of the kind to which paragraph (a) applies or
        an authorisation of the kind to which paragraph (b) applies; except to
        ensure that the aircraft's operation, maintenance and airworthiness
        are of a standard that CASA considers necessary in the interests of
        the safety of air navigation.

"(2) CASA must not:

   (a)  impose or vary a condition of an AOC that does not authorise the
        operation of a foreign registered aircraft on domestic commercial
        flights; or

   (b)  impose or vary a condition of a mixed authority AOC relating to any
        authorisation of an operation (other than the operation of a foreign
        registered aircraft on domestic commercial flights) that is contained
        in a mixed authority AOC; or

   (c)  suspend or cancel an AOC of the kind to which paragraph (a) applies or
        an authorisation of the kind to which paragraph (b) applies; except to
        ensure compliance with the provisions of this Act, the regulations and
        the Civil Aviation Orders, relating to safety.

"(3) The financial position of the holder of the AOC is one of the matters
that CASA may take into account in forming a view for the purposes of
subsections (1) and (2).

"(4) In this section:
'mixed authority AOC' means an AOC authorising:

   (a)  the operation of a foreign registered aircraft on domestic commercial
        flights; and

   (b)  other operations. Compliance with civil aviation law

"28BD. The holder of an AOC must comply with all requirements of this Act, the
regulations and the Civil Aviation Orders that apply to the holder. Duty to
exercise care and diligence

"28BE.(1) The holder of an AOC must at all times take all reasonable steps to
ensure that every activity covered by the AOC, and everything done in
connection with such an activity, is done with a reasonable degree of care and
diligence.

"(2) If the holder is a body having legal personality, each of its directors
must also take the steps specified in subsection (1).

"(3) It is evidence of a failure by a body and its directors to comply with
this section if an act covered by this section is done without a reasonable
degree of care and diligence mainly because of:

   (a)  inadequate corporate management, control or supervision of the conduct
        of any of the body's directors, servants or agents; or

   (b)  failure to provide adequate systems for communicating relevant
        information to relevant people in the body.

"(4) No action lies, for damages or compensation, in respect of a
contravention of this section.

"(5) This section does not affect any duty imposed by, or under, any other law
of the Commonwealth, or of a State or Territory, or under the common law.
Organisation, personnel etc.

"28BF.(1) The holder of an AOC must at all times maintain an appropriate
organisation, with a sufficient number of appropriately qualified personnel
and a sound and effective management structure, having regard to the nature of
the operations covered by the AOC.

"(2) The holder must establish and maintain any supervisory positions in the
organisation, or in any training and checking organisation established as part
of it, that CASA directs, having regard to the nature of the operations
covered by the AOC. Operations headquarters and suitable buildings

"28BG. The holder of an AOC must at all times maintain:

   (a)  an operations headquarters, through which CASA can communicate with
        any person responsible for any part of the operations covered by the
        AOC; and

   (b)  suitable buildings, having regard to the nature of those operations,
        at each aerodrome where members of the holder's operating crews are
        based. Reference library

"28BH.(1) The holder of an AOC must maintain a reference library within the
organisation, the contents of which must be readily available to all members
of the holder's operating crews.

"(2) The contents of the reference library must include:

   (a)  all operational documents and material; and

   (b)  all material required by the regulations or Civil Aviation Orders.

"(3) The holder must keep the contents of the reference library up-to-date and
in a readily accessible form.

"(4) The holder must keep up-to-date records of the distribution of
operational documents to members of the holder's flight crew and any other
people employed in the holder's organisation, who are employed as cabin crew,
or to carry out duties associated with fuelling, loading or despatching
aircraft.

"(5) In this section, 'operating crew' has the same meaning as in the
regulations.". 85. Before section 29: Insert:

"Division 3-General offences in relation to aircraft". 86. Section 30A: Omit
"the Authority" (wherever occurring), substitute "CASA". 87. Subsection 30A(8)
(note): Omit "this", substitute "This". 88. Subsection 30A(8) (note): Omit
"the Authority", substitute "CASA". 89. Subsection 30A(9): Omit "Air
Operator's Certificate", substitute "AOC". 90. Paragraph 30B(1)(b): Omit "the
Authority", substitute "CASA". 91. Section 30C: Omit "the Authority",
substitute "CASA".
Note:     The heading to section 30C is altered by omitting "Authority" and
substituting "CASA". 92. After section 30C: Insert:

"Division 4-Miscellaneous". 93. Section 32: Omit "The Authority", substitute
"CASA". 94. Section 32AA: Omit "The Authority", substitute "CASA". 95. Section
32AB: Omit "the Authority" (wherever occurring), substitute "CASA". 96.
Subsection 32AB(1): Omit "The Authority", substitute "CASA". 97. Subsection
32AH(3): Omit "The Authority", substitute "CASA". 98. Subsection 32AH(3): Omit
"the Authority", substitute "CASA". 99. After section 32AK: Insert: Powers in
relation to aircraft accidents and incidents

"32AL. The powers and functions of an investigator under this Part are to be
exercised and performed subject to Part XVI of the Air Navigation
Regulations.". 100. Part IV (heading): Omit "AUTHORITY", substitute "CASA".
101. Section 32A: Repeal the section, substitute: The Board

"32A. CASA is to have a Board.". 102. Section 32B: Omit "the Authority"
(wherever occurring), substitute "CASA". 103. Subsection 32B(1)(b): Omit
"economical", substitute "effective". 104. Section 33: Repeal the section,
substitute: Constitution of the Board

"33.(1) The Board consists of:

   (a)  a Chairperson; and

   (b)  the Director; and

   (c)  at least 1, but not more than 3, other members.

"(2) The members (other than the Director) are to be appointed by the
Minister, and hold office on such terms and conditions (in respect of matters
not provided for by this Act) as are determined by the Minister in writing.

"(3) The Chairperson may be appointed on a full-time basis or on a part- time
basis.

"(4) The members (other than the Chairperson and the Director) are to be
appointed on a part-time basis.

"(5) Members of the staff may be appointed under paragraph (1)(c).". 105.
Subsection 34(1): Omit "Chief Executive Officer", substitute "Director". 106.
Section 35: Omit "Chief Executive Officer" (wherever occurring), substitute
"Director". 107. Subsection 35(3): Omit "Tribunals", substitute "Tribunal".
108. Subsection 38(1): Omit "Chief Executive Officer", substitute "Director".
109. Subsection 38(1): Omit "the Deputy Chairperson or another", substitute
"a". 110. Subsection 38(2): Omit the subsection. 111. Paragraph 38(3)(b): Omit
"or the Deputy Chairperson". 112. Subsection 39(2): Omit the subsection,
substitute:

"(2) The Chairperson:

   (a)  may convene a meeting at any time; and

   (b)  must convene a meeting if the Chairperson receives a written request
        signed by:

        (i)    at least 1 member, if the number of members is only 3; or

        (ii)   at least 2 members, if the number of members is more than 3.".
               113. Subsection 39(5): Omit the subsection, substitute:

"(5) If the Chairperson is not present at a meeting, the members present must
appoint one of their number to preside.". 114. Subsection 39(6): Omit the
subsection, substitute:

"(6) At a meeting, a quorum consists of:

   (a)  2 members, if the number of members is only 3; or

   (b)  3 members, if the number of members is more than 3.". 115. Section 41:
        Omit "Chief Executive Officer", substitute "Director". 116. Section
        42: Omit "Chief Executive Officer" (wherever occurring), substitute
        "Director". 117. Subsection 42(4): Omit "the Authority", substitute
        "CASA". 118. After subsection 42(4): Insert:

"(4A) If the Minister is of the opinion that:

   (a)  CASA has failed to comply with section 12B; or

   (b)  the Board has failed to comply with subsection 44(3); the Minister may
        terminate the appointment of all members (other than the Director) or
        specified members (other than the Director).''. 119. Parts V and VI:

Repeal the Parts, substitute:

"PART V-CORPORATE PLAN Corporate plan

"44.(1) The Board must prepare a corporate plan at least once a year and give
it to the Minister.

"(2) The plan must cover a period of at least 3 years.

"(3) The Board must keep the Minister informed about:

   (a)  significant changes to the plan; and

   (b)  matters that arise that might significantly affect the achievement of
        the objectives of the plan.

"(4) The plan must include details of the following matters:

   (a)  assumptions about CASA's operational environment;

   (b)  the strategies of CASA;

   (c)  performance measures for CASA;

   (d)  review of performance against previous corporate plans;

   (e)  analysis of risk factors likely to affect safety in the aviation
        industry;

   (f)  human resource strategies and industrial relations strategies.

"(5) The plan must also cover any other matters required by the Minister,
which may include further details about the matters in subsection (4).

"(6) In preparing the plan, the Board must take account of notices given under
section 12A. Minister's response to corporate plan

"45.(1) The Minister must respond to a corporate plan within 60 days of being
given the plan.

"(2) The Minister's response may include a direction to the Board to vary the
plan.

"(3) A direction under subsection (2) must be in writing and must set out its
reasons.

"(4) If directing a variation of the corporate plan, the Minister must
consider:

   (a)  the objectives and policies of the Commonwealth Government; and

   (b)  the objects of this Act; and

   (c)  any other considerations the Minister thinks appropriate.

"(5) If the Minister's response includes a direction to vary the corporate
plan, the Board must prepare a revised plan and give it to the Minister within
28 days of being given the response.

"(6) The Minister must cause a copy of the corporate plan to be laid before
each House of Parliament:

   (a)  within 15 sitting days after the Minister responded to the plan, if
        the Minister's response did not include a direction to vary the plan;
        or

   (b)  within 15 sitting days after the Minsiter received a revised plan, if
        the Minister's response included a direction to vary the plan.

"PART VI-FINANCE CASA to be paid money appropriated by Parliament

"46.(1) There is payable to CASA such money as is appropriated by the
Parliament for the purposes of CASA.

"(2) The Minister for Finance may give directions as to the amounts in which,
and the times at which, the money is to be paid to CASA. Application and
investment of money

"47.(1) Subject to subsection (2), CASA's money may only be applied:

   (a)  in payment or discharge of the expenses, charges, obligations and
        liabilities incurred or undertaken by CASA in, or in connection with,
        the performance of its functions or the exercise of its powers; and

   (b)  in payment of any remuneration or allowances payable under this Act.

"(2) The money of CASA that is not immediately required for the purposes of
CASA may be invested:

   (a)  on fixed deposit with an approved bank; or

   (b)  in securities of the Commonwealth; or

   (c)  in any manner approved by the Treasurer.

"(3) In this section:
'approved bank' means the Reserve Bank of Australia or a bank approved by the
Treasurer for the purposes of this section. Estimates

"48.(1) The Board must prepare estimates, in the form directed by the
Minister, of its receipts and expenditure for each financial year and, if the
Minister directs, for any other period specified by the Minister.

"(2) The Board must submit the estimates to the Minister not later than the
date directed by the Minister.

"(3) CASA's money must not be expended except in accordance with the estimates
of expenditure approved by the Minister. Application of Division 3 of Part XI
of the Audit Act

"49.(1) CASA is a public authority to which Division 3 of Part XI of the Audit
Act 1901 applies.

"(2) CASA must include the following particulars in each report prepared and
submitted under section 63M of the Audit Act 1901:

   (a)  particulars of each direction given to CASA by the Minister under
        section 12, during the financial year covered by the report;

   (b)  in relation to notices given to CASA by the Minister under section
        12A:

        (i)    particulars of each notice, given during the financial year
               covered by the report; and

        (ii)   a summary of action taken in the financial year by CASA, or by
               the Board, because of notices given to CASA in any financial
               year;

   (c)  particulars of each direction given to CASA by the Minister under
        section 12B, during the financial year covered by the report. Taxation

"50. CASA is not subject to taxation under any law of a State or Territory.".
120. Part VII (heading): Omit "CHIEF EXECUTIVE OFFICER", substitute
"DIRECTOR". 121. Section 84: Repeal the section, substitute: Appointment of
Director

"84.(1) CASA is to have a Director of Aviation Safety, who is to be appointed
by the Minister after receiving a recommendation from the Board.

"(2) Subject to this Part, a person appointed as Director holds office for the
period of not more than 5 years that is specified in the instrument of
appointment.

"(3) A person appointed as Director is eligible for re-appointment.

"(4) The Director holds office on such terms and conditions (if any) in
respect of matters not provided for by this Act as are determined by the Board
in writing.". 122. Section 84A: Omit "Chief Executive Officer" (wherever
occurring), substitute "Director". Note: The heading to section 84A is altered
by omitting "Chief Executive Officer" and substituting "Director". 123.
Section 84A: Omit "the Authority" (wherever occurring), substitute "CASA".
124. Section 85: Omit "Chief Executive Officer", substitute "Director". Note:
The heading to section 85 is altered by omitting "Chief Executive Officer" and
substituting "Director". 125. Section 86: Repeal the section, substitute:
Remuneration and allowances of Director

"86.(1) The Director is to be paid the remuneration that is determined by the
Remuneration Tribunal. However, if no determination of that remuneration by
the Tribunal is in operation, the Director is to be paid the remuneration that
is prescribed by the regulations.

"(2) The Director is to be paid the allowances that are prescribed by the
regulations.

"(3) This section has effect subject to the Remuneration Tribunal Act 1973.".
126. Section 87: Omit "Chief Executive Officer", substitute "Director". 127.
Section 88: Omit "Chief Executive Officer", substitute "Director". 128.
Section 89: Omit "Chief Executive Officer", substitute "Director". Note: The
heading to section 89 is altered by omitting "Chief Executive Officer" and
substituting "Director". 129. Subsection 90(1): Omit "Chief Executive Officer"
(wherever occurring), substitute "Director". Note: The heading to section 90
is altered by omitting "Chief Executive Officer" and substituting "Director".
130. Subsections 90(2) and (3): Omit the subsections, substitute:

"(2) A person acting as the Director is to be paid such remuneration and
allowances as the Board determines.". 131. Section 91: Omit "the Authority"
(wherever occurring), substitute "CASA". Note: The heading to section 91 is
altered by omitting "Authority" and substituting "CASA". 132. Section 92: Omit
"The Authority", substitute "CASA". 133. Section 93: Repeal the section. 134.
Section 94: Omit "Chief Executive Officer", substitute "Director". Note: The
heading to section 94 is altered by omitting "Chief Executive Officer" and
substituting "Director". 135. Section 94: Omit "the Authority's", substitute
"CASA's". 136. Section 95: Repeal the section. 137. Section 96: Repeal the
section, substitute: Tabling of directions or notices of the Minister

"96. Where the Minister gives a direction under section 12, 12B or 45 or a
notice under section 12A, the Minister shall cause a copy of the direction or
notice to be laid before each House of the Parliament within 15 sitting days
of that House after the giving of the direction or the notice.''. 138. Section
97: Repeal the section, substitute: Payment of prescribed fees

"97.(1) If a prescribed fee is payable in relation to the doing of any thing
under this Act, that thing is not required to be done until the fee is paid.

"(2) Payment of a prescribed fee by cheque is taken not to have been made
until the cheque is honoured on presentation.". 139. Section 98: Omit "the
Authority" (wherever occurring), substitute "CASA". 140. Subsection 98(3):
Omit "for or in relation to", substitute "for or in relation to the
following". 141. Paragraph 98(3)(b): Omit "Air Operators' Certificates",
substitute "AOCs". 142. Paragraph 98(3)(b): Omit "such Certificates",
substitute "AOCs". 143. Paragraphs 98(3)(n) and (o): Omit the paragraphs. 144.
Paragraph 98(3)(p): Omit "and". 145. Subsection 98(3): Add at the end:

"; (r) standards relating to the establishment and use of airspace;

   (s)  the planning, construction, establishment, maintenance, operation and
        use of:

        (i)    facilities of the kind referred to in paragraph 8(1)(a) of the
               Air Services Act 1995; and

        (ii)   services of the kind referred to in paragraph 8(1)(b) of the
               Air Services Act 1995; 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.''. 146. Subsection 98(3B): Omit "paragraph
        9(1)(a)" (wherever occurring), substitute "subsection 9(1)". 147.
        Subsection 98(3B): Omit "the Authority" (wherever occurring),
        substitute "CASA". 148. Subsection 98(4A): Omit "The Authority",
        substitute "CASA". 149. Subsection 98(4A): Omit "or 27", substitute
        "or 28BA". 150. Part IX: Repeal the Part. 151. Part X: Repeal the
        Part. 152. Schedule: Repeal the Schedule.