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澳大利亚民航法 Australian Civil Aviation Act 1988

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(1) A corporate plan prepared by the Board under section 35 of the Public Governance, Performance and Accountability Act 2013
must be given to the Minister for the Minister’s approval.
(2)The plan must include details of the following matters:
(a) analysis of risk factors likely to affect safety in the aviation industry;
(b)human resource strategies and industrial relations strategies;
(c)any other matters required by the Minister.
(3)In preparing the plan, the Board must take account of notices given under section 12A.
45 Minister’s response to corporate plan
(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 for the Minister’s approval 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 Minister received a revised plan, if the Minister’s response included a direction to vary the plan.
Part VI—Finance
46 CASA to be paid money appropriated by Parliament
(1)There is payable to CASA such money as is appropriated by the Parliament for the purposes of CASA.
(2)The Finance Minister may give directions as to the amounts in which, and the times at which, the money is to be paid to CASA.
47 Application and investment of money
(1) 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)Subsection (1) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of CASA.
49 Extra matters to be included in annual report
Each annual report prepared by the Board and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following:
(a)particulars of each direction given to the Board by the Minister under section 12 of this Act during the period;
(b)in relation to notices given to the Board by the Minister under section 12A:
(i)particulars of each notice given during the period; and
(ii) a summary of action taken in the period by CASA, or by the Board, because of notice given to the Board in that period or any other period;
(c)particulars of each direction given to CASA by the Minister under section 12B during the period.
50 Taxation
CASA is not subject to taxation under any law of a State or Territory.
Section 51
Part VII—Board of CASA
Division 1—Establishment and functions
51 Establishment
The Board of CASA is established by this section.
52 Membership
(1) The Board consists of:
(a) the Director; and
(b)up to 6 Board members (including the Chair and Deputy Chair).
Note: As a member of the governing body, the Director is a member of the accountable authority of a Commonwealth entity for the purposes of the Public Governance, Performance and Accountability Act 2013: see the definition of accountable authority in section 12 of that Act.
(2) The performance of a function or the exercise of a power of the Board is not affected by a vacancy in the membership of the Board.
53 Functions
(1)The functions of the Board are to:
(a)decide the objectives, strategies and policies to be followed by CASA; and
(b) ensure that CASA performs its functions in a proper, efficient and effective manner; and
(c) ensure that CASA complies with directions given by the Minister under section 12B.
(2)The Board has the power to do all things necessary or convenient to be done for or in connection with the performance of its functions.
(3)All acts and things done in the name of, or on behalf of, CASA by the Board are taken to have been done by CASA.
Section 54
Division 2—Appointment etc. of Board members
54 Appointment
(1)A Board member is to be appointed by the Minister by written instrument, on a part-time basis.
(2)The Minister must appoint one Board member to be the Chair and another Board member to be the Deputy Chair.
(3)When appointing Board members, the Minister must ensure an appropriate balance of professional expertise, but need not ensure that particular sectors of the civil aviation industry are represented.
(4) A person’s appointment as a Board member is not invalid because of a defect or irregularity in connection with the person’s appointment.
55 Term of appointment
A Board member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.
Note: A Board member is eligible for reappointment: see section 33AA of the Acts Interpretation Act 1901.
56 Remuneration and allowances
(1)A Board member is to be paid such remuneration as is determined by the Remuneration Tribunal. If no determination of that remuneration is in operation, the Board member is to be paid such remuneration as is prescribed.
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