Civil Aviation Regulations (Amendment) (Cth)

Statutory Rules 1990 No. 2891

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Civil Aviation Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Civil Aviation Act 1988.

Dated 30 August 1990

BILL HAYDEN

Governor-General

By His Excellency’s Command,

Bob Collins

Minister of State for Shipping and Aviation Support

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Principal Regulations

1. In these Regulations, “Principal Regulations” means the Civil Aviation Regulations.

Civil Aviation Orders

2. Regulation 5 of the Principal Regulations is amended by adding at the end the following subregulation:

“(3) If a direction, instruction or notification relating to a person is issued in Civil Aviation Orders, the direction, instruction or notification,

 

(S.R. 156/90)—Cat. No. 14/3.7.1990

 

as the case may be, is taken to have been served on the person on the date on which the making of the Order is notified in the Gazette.”.

3. After regulation 6 of the Principal Regulations the following regulation is inserted:

Identity cards

“6a. (1) The Authority must issue an identity card to an authorised person appointed under regulation 6.

“(2) An identity card must:

(a) bear a recent photograph of the person; and

(b) state that the person is an authorised person for the purposes of a specific regulation; and

(c) be in a form approved, in writing, by the Authority.

“‘(3) Where a person to whom an identity card has been issued ceases to be an authorised person, the person must, as soon as practicable, return the identity card to the Authority.”.

Certificates of approval

4. Regulation 30 of the Principal Regulations is amended by adding at the end the following subregulations:

“(5) An authorised person must produce his or her identity card for inspection while acting as an authorised person if asked to do so by:

(a) the holder of the certificate of approval; or

(b) a person:

(i) who has control over any subject matter or thing specified in subregulation (4); or

(ii) who apparently has control over any subject matter or thing specified in subregulation (4).

“(6) Where an authorised person:

(a) is acting as an authorised person; and

(b) under subregulation (4), seeks to carry out an inspection, conduct a test or require evidence to be furnished or is carrying out an inspection, conducting a test or requiring evidence to be furnished; and

(c) fails to produce his or her identity card for inspection when asked to do so;

that person:

(d) is not authorised to carry out the inspection, conduct the test or require evidence to be furnished; and

(e) if that person is carrying out one of those activities, must cease that activity immediately.”.

 

Admission to crew compartment

5. Regulation 227 of the Principal Regulations is amended by adding at the end the following subregulations:

“(5) An authorised person must produce his or her identity card for inspection:

(a) while acting as an authorised person; and

(b) if asked to do so by the pilot in command of the aircraft.

“(6) Where an authorised person:

(a) is acting as an authorised person; and

(b) seeks admission, or is admitted, to the crew compartment of an aircraft; and

(c) fails to produce his or her identity card for inspection when asked to do so;

that person is not authorised to be admitted under that subregulation and, if that person has been admitted, he or she must leave the crew compartment immediately.”.

Access of authorised persons to aerodromes, aircraft etc.

6. Regulation 305 of the Principal Regulations is amended by adding at the end the following subregulations:

“(2) An authorised person must produce his or her identity card for inspection:

(a) while acting as an authorised person; and

(b) if asked to do so by the occupier or person in charge, or apparently in charge, of the place or thing to which access is sought.

“(3) Where an authorised person:

(a) is acting as an authorised person; and

(b) seeks or is allowed access to a place or thing specified in subregulation (1); and

(c) fails to produce his or her identity card for inspection when asked to do so;

that person is not authorised to access under that subregulation and, if access has been given to that person, that access is to be terminated.”.

Further amendments

7. The Principal Regulations are further amended as set out in the Schedule.

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SCHEDULERegulation 7

FURTHER AMENDMENTS OF THE PRINCIPAL REGULATIONS

Subregulation 25 (2):

Omit “by post on the person or has otherwise been brought to his or her attention”, substitute “on the person”.

Subregulation 26 (4):

Omit “has been served by post on the person or the fact of the suspension or cancellation has otherwise been brought to his or her attention”, substitute “has been served:

(a) on the person; or

(b) if the notification cannot be served on the person—by affixing the notification to the aircraft to which it relates”.

Regulation 27:

Omit “by post on the owner or operator of the aircraft, or has otherwise been brought to his or her attention”, substitute “on the owner or operator of the aircraft or has been affixed to the aircraft in accordance with regulation 25 or 26, as the case may be”.

Subregulation 29 (5):

Omit “has been served by post on the person or has otherwise been brought to his or her attention”, substitute “has been served:

(a) on the person; or

(b) if the direction cannot be served on the person—by affixing the direction to the aircraft to which it relates”.

Subregulation 34 (4):

Omit “by post on the person or has otherwise been brought to his or her attention”, substitute “on the person”.

Subregulation 37 (3):

Omit “by post on the person or has otherwise been brought to his or her attention”, substitute “on the person”.

Subregulation 38 (9):

Omit “by post on the owner or operator of the aircraft, or has otherwise been brought to his or her attention”, substitute “on the owner or operator of the aircraft”.

Subregulation 38 (10):

Omit “by post on the person or has otherwise been brought to his or her attention”, substitute “on the person”.

Subregulation 43 (12):

Omit “by post on the person or has otherwise been brought to his or her attention”, substitute “on the person”.

Subregulation 43 (15):

Omit “by post on the person or has otherwise been brought to his or her attention”, substitute “on the person”.

 

SCHEDULE—continued

Subregulation 44 (2):

Omit “by post on the person or has otherwise been brought to his or her attention”, substitute “on the person”.

Subregulation 45 (2):

Omit “by post on the person or the fact of the suspension or cancellation has otherwise been brought to his or her attention”, substitute “on the person”.

Regulation 46:

Omit “by post on the owner or operator of the aircraft or has otherwise been brought to his or her attention”, substitute “on the owner or operator of the aircraft”.

Subregulation 54 (5):

Omit “by post on the person or has otherwise been brought to his or her attention”, substitute “on the person”.

Regulation 81:

Omit “by post on the person or has otherwise been brought to his or her attention”, substitute “on the person”.

Regulation 85:

Omit “by post on the person or has otherwise been brought to his or her attention”, substitute “on the person”.

Subregulation 176(1):

Omit “an licence”, substitute “a licence”.

Subregulation 215 (4):

Omit “by post on the person or has otherwise been brought to his or her attention”, substitute “on the person”.

Subregulation 235 (10):

Omit “by post on the person or has otherwise been brought to his or her attention”, substitute “on the person”.

Subregulation 251 (7):

Omit “by post on the person or has otherwise been brought to his or her attention”, substitute “on the person”.

Subregulation 252 (3):

Omit “by post on the person or has otherwise been brought to his or her attention”, substitute “on the person”.

Paragraph 281 (4) (a):

Omit “by post on the person or has otherwise been brought to his or her attention”, substitute “on the person”.

Paragraph 281 (4) (b):

Omit “by post on the first-mentioned person and had not otherwise been brought to his or her attention”, substitute “on the first-mentioned person”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 6th September 1990.

2. Statutory Rules 1988 No. 158 as amended to date. For previous amendments see Note 2 to Statutory Rules 1990 No. 100 and see also Statutory Rules 1990 Nos. 215, 216, 258 and 260.

 

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