Civil Aviation Legislation Amendment (Part 117) Regulation 2013 (Cth)
Civil Aviation Legislation Amendment (Part 117) Regulation 2013
Select Legislative Instrument No. 222, 2013 as amended
made under the
Civil Aviation Act 1988
Compilation start date: 26 November 2013
Includes amendments up to: SLI No. 254, 2013
Includes uncommenced provisions: see section 2
About this compilation
This compilation
This is a compilation of the Civil Aviation Legislation Amendment (Part 117) Regulation 2013 as in force on 26 November 2013. It includes any commenced amendment affecting the legislation to that date.
This compilation was prepared on 3 December 2013.
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.
Uncommenced amendments
The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.
Provisions ceasing to have effect
If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.
Contents
1............ Name of regulation............................................................................. 1
2............ Commencement.................................................................................. 1
3............ Authority............................................................................................ 1
4............ Schedule(s)......................................................................................... 1
Schedule 1—Amendments 2
Civil Aviation Regulations 1988 2
Civil Aviation Safety Regulations 1998 2
1Name of regulation
This regulation is the Civil Aviation Legislation Amendment (Part 117) Regulation 2013.
2Commencement
This regulation commences on 1 September 2014.
3Authority
This regulation is made under the Civil Aviation Act 1988.
4Schedule(s)
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
Civil Aviation Regulations 1988
1Regulation 210
Repeal the regulation.
Civil Aviation Safety Regulations 1998
2After Part 115
Insert:
Part 117—Representations and surveys
Contents of Part 117
117.005What this Part is about
117.010Misrepresentations about holding certain civil aviation authorisations
117.015Safety‑related surveys or questionnaires—holders of certain civil aviation authorisations
117.005What this Part is about
This Part provides for offences for:
(a)misrepresentations about holding certain civil aviation authorisations; and
(b)not completing safety‑related surveys or questionnaires.
117.010Misrepresentations about holding certain civil aviation authorisations
(1)A person commits an offence if:
(a)the person represents to another person, in any way, that the person is willing to conduct an activity using an aircraft; and
(b)the person does not hold a particular civil aviation authorisation authorising the person to conduct the activity using the aircraft; and
(c)under the Act or these Regulations, it is an offence for a person to conduct the activity using the aircraft if the person does not hold the civil aviation authorisation.
Penalty:50 penalty units.
(2)An offence against this regulation is an offence of strict liability.
Note:For the definition of civil aviation authorisation, see section 3 of the Act.
117.015Safety‑related surveys or questionnaires—holders of certain civil aviation authorisations
(1)CASA may, by written notice given to a person mentioned in subregulation (2), direct the person to:
(a)complete a safety‑related survey or questionnaire by accurately answering all mandatory questions in the survey or questionnaire; and
(b)submit the completed survey or questionnaire to CASA within the time stated in the notice.
(2)For subregulation (1), the persons are the following:
(a)the holder of an AOC;
(b)a Part 141 operator who conducts flight training in aircraft.
(3)The person may, before the end of the time stated in the notice, apply in writing to CASA for an extension.
(4)CASA may, by written notice given to the person (the notice of extension), grant the extension.
(5)The person commits an offence if the person does not comply with the direction within:
(a)if CASA grants an extension under subregulation (4)—the time stated in the notice of extension; or
(b)if paragraph (a) does not apply—the time stated in the notice under subregulation (1).
Penalty:25 penalty units.
(6)An offence against this regulation is an offence of strict liability.
Endnotes
Endnote 1—About the endnotes
The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Uncommenced amendments
Endnote 6—Modifications
Endnote 7—Misdescribed amendments
Endnote 8—Miscellaneous
If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.
Abbreviation
key—Endnote 2
The abbreviation key in this endnote sets out abbreviations
that may be used in the endnotes.
Legislation history
and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and
amendment history.
The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.
Uncommenced
amendments—Endnote 5
The effect of uncommenced amendments is not reflected in the
text of the compiled law but the text of the amendments is included in endnote
5.
Modifications—Endnote 6
If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.
Misdescribed amendments—Endnote 7
An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.
Miscellaneous—Endnote
8
Endnote 8 includes any additional information that may be
helpful for a reader of the compilation.
Endnote 2—Abbreviation key
| ad = added or inserted | pres = present |
| am = amended | prev = previous |
| c = clause(s) | (prev) = previously |
| Ch = Chapter(s) | Pt = Part(s) |
| def = definition(s) | r = regulation(s)/rule(s) |
| Dict = Dictionary | Reg = Regulation/Regulations |
| disallowed = disallowed by Parliament | reloc = relocated |
| Div = Division(s) | renum = renumbered |
| exp = expired or ceased to have effect | rep = repealed |
| hdg = heading(s) | rs = repealed and substituted |
| LI = Legislative Instrument | s = section(s) |
| LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |
| mod = modified/modification | Sdiv = Subdivision(s) |
| No = Number(s) | SLI = Select Legislative Instrument |
| o = order(s) | SR = Statutory Rules |
| Ord = Ordinance | Sub‑Ch = Sub‑Chapter(s) |
| orig = original | SubPt = Subpart(s) |
|
par = paragraph(s)/subparagraph(s) /sub‑subparagraph(s) |
Endnote 3—Legislation history
| Number and year | FRLI registration | Commencement | Application, saving and transitional provisions |
| 222, 2013 | 8 Aug 2013 (see F2013L01539) | (see s 2) | |
| 254, 2013 | 25 Nov 2013 (see F2013L01976) | Sch 1 (item 1): 26 Nov 2013 | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| s 2......................................... | am No 254, 2013 |
Endnote 5—Uncommenced amendments [none]
Endnote 6—Modifications [none]
Endnote 7—Misdescribed amendments [none]
Endnote 8—Miscellaneous [none]
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