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. (b)aircraft used in the military, customs or police services of a foreign country. time-in-service, in relation to an aircraft, has the same meaning as in the regulations. vehicle includes: (a) a trailer, caravan or portion of an articulated vehicle; and (b)an object that was designed or adapted for use as a vehicle but is incapable of being so used because: (i)a part has, or parts have, been removed from it; or (ii)it is in a wrecked or damaged condition. 3AA When a New Zealand AOC with ANZA privileges is in force for Australia (1)For the purposes of this Act, a New Zealand AOC with ANZA privileges is in force for Australia if the AOC: (a)is current under the Civil Aviation Act 1990 of New Zealand; and (b)has come into force for Australia under subsection 28C(1) of this Act. (2)However, while an Australian temporary stop notice is in force in relation to particular activities authorised by a New Zealand AOC with ANZA privileges, the AOC is not in force for Australia in relation to those activities. 3A Main object of this Act The main object of this Act is to establish a regulatory framework for maintaining, enhancing and promoting the safety of civil aviation, with particular emphasis on preventing aviation accidents and incidents. 4 Application to state aircraft Except where the expression state aircraft is used, references in Part III or IIIB or section 98 to aircraft or air navigation do not include references to state aircraft or air navigation by state aircraft. 4A Application to aircraft subject to 83 bis agreements (1) In this section: function includes duties; this Act includes the regulations. (2)Despite anything in this Act, a provision in this Act (the applied provision) applies to an aircraft that is registered in a Contracting State as if the aircraft were an Australian aircraft if: (a)an 83 bis agreement to which Australia is a party and which is in force has the effect of transferring a function of the Contracting State as the State of registry in respect of the aircraft to Australia; and (b) the agreement states that the applied provision relates to that function. (3)Despite anything in this Act, a provision in this Act (the disapplied provision) does not apply to an Australian aircraft if: (a)an 83 bis agreement to which Australia is a party and which is in force has the effect of transferring a function of Australia as the State of registry in respect of the aircraft to a Contracting State; and (b) the agreement states that the disapplied provision relates to that function. (4)Despite anything in this Act, a reference in this Act (other than subsections (2) and (3) of this section) to or in relation to a Contracting State in which an aircraft is registered includes a reference to or in relation to another Contracting State to which any function of the State of registry in respect of that aircraft has been transferred under an 83 bis agreement that has effect in relation to Australia in accordance with Article 83 bis of the Chicago Convention. (5)If: (a)Australia has entered into an 83 bis agreement; or (b)an 83 bis agreement to which Australia is a party has been amended; CASA must, as soon as practicable, publish a Gazette notice setting out particulars of the agreement or amendment. (6)Without limiting subsection (5), the notice must set out: (a) the Contracting State that is the other party to the agreement; and (b) the date of commencement of the agreement or amendment; and (c) the aircraft to which the agreement or amendment relates; and (d) the functions of the State of registry in respect of the aircraft that are transferred under the agreement or amendment; and (e) the provisions of this Act that are stated in the agreement or amendment to be related to the functions. (7)If an 83 bis agreement has ceased to be in force, CASA must, as soon as practicable, publish a Gazette notice setting out particulars of that cessation. (8)A notice under subsection (5) or (7) is evidence of the matters stated in it. 5 Act to bind Crown (1)This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island. (2)Nothing in this Act renders the Crown liable to be prosecuted for an offence, but this subsection does not prevent the prosecution of: (a)a member of the crew of an aircraft owned by the Crown; or (b)any other person employed by the Crown. 6 Extension to external Territories This Act extends to all the external Territories. 7 Extra-territorial application This Act extends to matters relating to: (a) foreign registered aircraft flying into or out of Australian territory or operating in Australian territory; and (aa) foreign registered aircraft specified in any 83 bis agreement that has the effect of transferring functions or duties; and (ab) the provision of services referred to in subsection 9(4); and (b)subject to any 83 bis agreement, Australian aircraft operating outside Australian territory; and (c)ANZA activities in New Zealand authorised by Australian AOCs with ANZA privileges. 7A Application of the Criminal Code Chapter 2 (other than Part 2) of the Criminal Code applies to all offences created by this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Part II—Establishment, functions etc. of CASA 8 Establishment of CASA (1)An authority called the Civil Aviation Safety Authority is established by this subsection. (2)CASA: (a)is a body corporate with perpetual succession; (b)shall have a seal; and (c) may sue and be sued in its corporate name. Note: The Public Governance, Performance and Accountability Act 2013 applies to the CASA. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources. |
