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澳大利亚民航法 Australian Civil Aviation Act 1988

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Permissions—conditions
(4) A permission granted under this section is subject to:
(a) the condition that section 41E of the Civil Aviation (Carriers’ Liability) Act 1959 (which deals with personal injury liability insurance) is complied with (if applicable); and
(b) any conditions specified in the permission.
(4A) For the purposes of deciding whether to specify a condition in the permission, CASA may have regard to the matters set out in section 28AA as if:
(a) the reference in that section to subsection 28(1A) were a reference to paragraph (4)(b) of this section; and
(b) the reference in subparagraph (1)(c)(ii) and paragraph (5)(a) of that section to an AOC were to a permission.
(5) CASA must not do either of the following, except to ensure compliance with the safety rules:
(a)specify a condition under paragraph (4)(b);
(b) vary a condition specified under paragraph (4)(b).
Permissions—suspension and cancellation
(6) CASA must not suspend or cancel a permission granted under this section, except:
(a)if the condition referred to in paragraph (4)(a) is breached; or
(b) to ensure compliance with the safety rules.
Part III Regulation of civil aviation Division 1A General provisions about mutual recognition under the ANZA mutual recognition agreements
Division 1A—General provisions about mutual recognition under the ANZA mutual recognition agreements
26A Guide to how this Act deals with mutual recognition between Australia and New Zealand
(1)This Division contains various general provisions relating to mutual recognition under the ANZA mutual recognition agreements.
(2)Other provisions of this Act also deal with mutual recognition under the ANZA mutual recognition agreements, as set out in the table below.
Outline of other provisions of this Act that deal with mutual recognition
Item For provisions concerning... See...
1 New Zealand AOCs that will be (a) section 3AA (when a New Zealand recognised in Australia (known as New Zealand AOCs with ANZA AOC with ANZA privileges is in force for Australia); and privileges) (b) paragraph 26(2)(e) and subsection 27(2) (operating in Australia under such an AOC); and
(c) section 28C (holder of such an AOC
to provide certain documents and information to CASA); and
(d) sections 28D and 28E (the Director’s power to issue and revoke Australian temporary stop notices);
and
(e) section 28G (disapplying regulations that would otherwise apply to the holder of a New Zealand AOC with ANZA privileges).
Regulation of civil aviation Part III General provisions about mutual recognition under the ANZA mutual recognition agreements Division 1A
Section 26B
Outline of other provisions of this Act that deal with mutual recognition
Item For provisions concerning... See...
2 Australian AOCs that will be recognised in New Zealand (known (a) paragraph 7(c) (extension of Act to New Zealand activities); and as Australian AOCs with ANZA privileges) (b) paragraph 9(1)(ba) (CASA’s safety regulation role in relation to New Zealand activities); and
(c) subsections 27(2AA) to (2AC) (CASA’s power to issue Australian AOCs with ANZA privileges); and
(d) paragraph 28(1)(e) and section 28B (additional conditions for issue of such AOCs); and
(da) subsection 28BAA(2) (making certain additional conditions for issue of Australian AOCs with ANZA privileges have effect as ongoing conditions); and
(e) subsection 28BD(2) (holders of such AOCs to comply with New Zealand law); and
(f) section 28F (CASA’s obligations in response to a New Zealand temporary stop notice).
Other aspects of mutual recognition (a) subsection 3(1) (definitions of key terms); and
(b)paragraph 9(3)(aa) (CASA’s role in implementing the ANZA mutual recognition agreements); and
(c)Part IIIA (use of powers to monitor compliance with New Zealand law).
26B Disclosure of information by CASA to the Director of CAA New Zealand
(1) CASA may disclose information (including personal information) to the Director of CAA New Zealand for a purpose connected with the ANZA mutual recognition agreements.
Part III Regulation of civil aviation Division 1A General provisions about mutual recognition under the ANZA mutual recognition agreements
(2) In this section:
personal information has the same meaning as in section 6 of the Privacy Act 1988.
26C Obligation to consult Director of CAA New Zealand before taking certain actions
Before taking any action under this Act or the regulations that would or might affect the ANZA activities in New Zealand that an Australian AOC with ANZA privileges authorises, CASA must:
(a)if required by the ANZA mutual recognition agreements, consult the Director of CAA New Zealand; and
(b) carry out the consultation in accordance with the ANZA mutual recognition agreements.
26D Delegation of Australian powers to employees of CAA New Zealand
(1)The Director may, in writing, delegate all or any of CASA’s powers under this Act, other than Part IIIA, to an employee of CAA New Zealand for the purposes of the ANZA mutual recognition agreements.
(2)A delegate is, in the exercise of a power delegated under subsection (1), subject to the directions of the Director.
26E Delegation of New Zealand powers and functions to CASA officers
(1)Subject to subsection (2), an officer may exercise powers or perform functions delegated to the officer under the Civil Aviation Act 1990 of New Zealand, but only so far as they relate to New Zealand AOCs with ANZA privileges.
(2)Subsection (1) does not apply to powers or functions conferred by section 15, 21 or 24 of the Civil Aviation Act 1990 of New Zealand.
Section 27
Division 2—Air Operators’ Certificates (AOCs)Subdivision A—General
27 AOCs
(1)CASA may issue AOCs for the purposes of its functions.
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