Federal Register of Legislation - Australian Government

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SLI 2010 No. 120 Regulations as made
These Regulations amend the Civil Aviation Safety Regulations 1998 to make minor and machinery changes to certain provisions relating to drug and alcohol management plans and testing (Part 99).
Administered by: Infrastructure and Transport
Made 03 Jun 2010
Registered 07 Jun 2010
Tabled HR 15 Jun 2010
Tabled Senate 15 Jun 2010
Date of repeal 19 Mar 2014
Repealed by Civil Aviation (Spent and Redundant Instruments) Repeal Regulation 2014

Civil Aviation Safety Amendment Regulations 2010 (No. 1)1

Select Legislative Instrument 2010 No. 120

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Civil Aviation Act 1988.

Dated 3 June 2010

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

ANTHONY ALBANESE


1              Name of Regulations

                These Regulations are the Civil Aviation Safety Amendment Regulations 2010 (No. 1).

2              Commencement

                These Regulations commence on the day after they are registered.

3              Amendment of Civil Aviation Safety Regulations 1998

                Schedule 1 amends the Civil Aviation Safety Regulations 1998.


Schedule 1        Amendments

(regulation 3)

 

[1]           After subregulation 99.400 (2)

insert

      (2A)   If, under subregulation (2), CASA requires a DAMP organisation to provide CASA with information, the DAMP organisation must, in writing, provide CASA with that information.

Penalty:   50 penalty units.

[2]           After subregulation 99.400 (4)

insert

         (5)   If, under subregulation (4), CASA requires a foreign operator to provide CASA with information, the operator must, in writing, provide CASA with that information.

Penalty:   50 penalty units.

         (6)   An offence against subregulation (2A) or (5) is an offence of strict liability.

[3]           Subregulation 99.405 (2), at the foot

insert

Penalty:   50 penalty units.

[4]           After subregulation 99.405 (3)

insert

         (4)   An offence against subregulation (2) is an offence of strict liability.

[5]           After subregulation 99.415 (2)

insert

         (3)   If:

                (a)    CASA determines that a person has contravened the requirements of a regulation in Subpart 99.B or 99.F; and

               (b)    the person holds a civil aviation authorisation;

CASA may, in writing, vary, suspend or cancel the person’s civil aviation authorisation in the interests of aviation safety.

         (4)   Before making a decision to vary, suspend or cancel a person’s civil aviation authorisation under subregulation (3), CASA must:

                (a)    give the person a notice setting out the reasons why CASA is considering making the decision; and

               (b)    allow the person to show cause, within such reasonable time as CASA specifies in the notice, why CASA should not make the decision.

Note   See section 31 of the Act for review of a decision under this regulation.


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.