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Civil Aviation Act – What does it really mean?? What is s9A??

The following from the Civil Aviation Act section 9 and 9A, govern what happens, with the catch-all at 9A:

9  CASA’s functions

             (1)  CASA has the function of conducting the safety regulation of the following, in accordance with this Act and the regulations:

                     (a)  civil air operations in Australian territory;

                     (b)  the operation of Australian aircraft outside Australian territory;

                   (ba)  ANZA activities in New Zealand authorised by Australian AOCs with ANZA privileges;

by means that include the following:

                     (c)  developing and promulgating appropriate, clear and concise aviation safety standards;

                     (d)  developing effective enforcement strategies to secure compliance with aviation safety standards;

                   (da)  administering Part IV (about drug and alcohol management plans and testing);

                     (e)  issuing certificates, licences, registrations and permits;

                      (f)  conducting comprehensive aviation industry surveillance, including assessment of safety‑related decisions taken by industry management at all levels for their impact on aviation safety;

                     (g)  conducting regular reviews of the system of civil aviation safety in order to monitor the safety performance of the aviation industry, to identify safety‑related trends and risk factors and to promote the development and improvement of the system;

                     (h)  conducting regular and timely assessment of international safety developments.

             (2)  CASA also has the following safety‑related functions:

                     (a)  encouraging a greater acceptance by the aviation industry of its obligation to maintain high standards of aviation safety, through:

                              (i)  comprehensive safety education and training programs; and

                             (ii)  accurate and timely aviation safety advice; and

                            (iii)  fostering an awareness in industry management, and within the community generally, of the importance of aviation safety and compliance with relevant legislation;

                     (b)  promoting full and effective consultation and communication with all interested parties on aviation safety issues.

             (3)  CASA also has the following functions:

                    (aa)  implementing the ANZA mutual recognition agreements;

                     (a)  cooperating with the Australian Transport Safety Bureau in relation to investigations under the Transport Safety Investigation Act 2003 that relate to aircraft;

                     (b)  any functions conferred on CASA under the Civil Aviation (Carriers’ Liability) Act 1959, or under a corresponding law of a State or Territory;

                   (ba)  enforcing the requirements of this Act and the regulations in relation to insurance and financial arrangements required under Part IVA of the Civil Aviation (Carriers’ Liability) Act 1959;

                     (c)  any functions conferred on CASA under the Air Navigation Act 1920;

                    (ca)  entering into 83 bis agreements on behalf of Australia;

                   (cb)  any functions conferred on CASA under the Aviation Transport Security Act 2004;

                    (cc)  any functions conferred on CASA under the Airspace Act 2007 or under regulations under that Act;

                     (d)  any other functions prescribed by the regulations, being functions relating to any matters referred to in this section;

                     (e)  promoting the development of Australia’s civil aviation safety capabilities, skills and services, for the benefit of the Australian community and for export;

                      (f)  providing consultancy and management services relating to any of the matters referred to in this section, both within and outside Australian territory;

                     (g)  any functions incidental to any of the functions specified in this section.

             (4)  In performing the function under paragraph (3)(f), CASA may, under a contract with a foreign country or with an agency of a foreign country, provide services for that country or agency in relation to the regulation of the safety of air navigation or any other matter in which CASA has expertise. Those services may include conducting safety regulation in relation to foreign registered aircraft under the law of a foreign country.

9A  Performance of functions

             (1)  In exercising its powers and performing its functions, CASA must regard the safety of air navigation as the most important consideration.

             (2)  Subject to subsection (1), CASA must exercise its powers and perform its functions in a manner that ensures that, as far as is practicable, the environment is protected from:

                     (a)  the effects of the operation and use of aircraft; and

                     (b)  the effects associated with the operation and use of aircraft.

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