时间：2014-12-28 14:05来源：蓝天飞行翻译公司 作者：民航翻译 点击：次
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To view this page ensure that Adobe Flash Player version 9.0.124 or greater is installed. Section 83 Division 2—Staff of CASA 83 Staff of CASA (1)CASA may employ such persons as it considers necessary for the performance of its functions and the exercise of its powers. (2)An employee is to be employed on the terms and conditions that the Director determines in writing. 84 Consultants CASA may engage consultants to assist in the performance of its functions. Part VIII—Miscellaneous 94 Delegation by the Director (1)The Director may, in writing, delegate all or any of CASA’s powers under this Act, the regulations, or an instrument made under this Act or the regulations, to an officer. (2)The Director may, in writing, delegate to an officer, if the officer holds, or performs the duties of, an office that is equivalent to a position occupied by an SES employee or acting SES employee, all or any of the following powers: (a) the Director’s power under subsection 83(2); (b) the Director’s powers under the regulations; (c) the Director’s powers under an instrument made under this Act or the regulations. 95 Delegation by Board (1)The Board may delegate, in writing, all or any of its powers under this Act to: (a)a Board member; or (b) the Director; or (c)an officer. (2)In exercising any powers under the delegation, the Board member, Director or officer, as the case may be, must comply with any directions of the Board. 95A Delegation by Secretary of the Department (1)The Secretary of the Department may delegate, in writing, his or her power under paragraph 28B(1)(b) or 28BAA(2)(b) to an SES employee or acting SES employee in the Department. (2)In exercising powers under the delegation, the SES employee or acting SES employee, as the case may be, must comply with any directions of the Secretary of the Department. 96 Tabling of directions, notices etc. of the Minister 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. 97 Payment of prescribed fees (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. 97AA Prescribed fees payable to CASA (1)A fee prescribed by regulations made under a provision of this Act is payable to CASA. (2)An unpaid fee is a debt due to CASA and recoverable by CASA in a court of competent jurisdiction. (3)The regulations may make provision for the collection and recovery of any unpaid fees. In particular, the regulations may: (a)prescribe the time when fees are due for payment; and (b)prescribe penalties for late payment of fees. (4)A penalty prescribed by the regulations must not exceed a penalty equivalent to 1 % of the unpaid amount of the fee for each month or part of a month during which the fee is unpaid, calculated from the date on which the fee is due and payable, and compounded. 97AB Charging of fees by external service providers (1)An external service provider may charge a person such fee as is agreed between the external service provider and the person for any service provided by the external service provider under this Act, the regulations or the Civil Aviation Orders. (2)The fee is payable to the external service provider. (3)The fee must not be such as to amount to taxation. (4)If the fee is unpaid, it is a debt due to the external service provider and is recoverable in a court of competent jurisdiction. (5)In this section: external service provider means a person who is the holder of a delegation under this Act or the regulations, or who is an authorised person within the meaning of the regulations, other than a person in any of the following capacities: (b)an officer; (c)a person who provides services to CASA under a contract with CASA; (d)a person who, under a contract with CASA, provides services to the public on CASA’s behalf; (e) an employee of a person referred to in paragraph (c) or (d). provide a service includes deal with an application or request or do anything. 97A Conduct by directors, servants and agents (1)Where, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show: (a) that the conduct was engaged in by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority; and (b) that the director, servant or agent had the state of mind. (2)Any conduct engaged in on behalf of a body corporate by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority is to be taken, for the purposes of this Act or the regulations, to have been engaged in also by the body corporate unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct. (3)Where, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show: (a) that the conduct was engaged in by a servant or agent of the person within the scope of his or her actual or apparent authority; and (b) that the servant or agent had the state of mind. (4)Any conduct engaged in on behalf of a person other than a body corporate by a servant or agent of the person within the scope of his or her actual or apparent authority is to be taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the first-mentioned person unless the first-mentioned person establishes that the first-mentioned person took reasonable precautions and exercised due diligence to avoid the conduct. |
