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(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 a
prosecution for an offence against this Act, 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.
Civil Aviation Act 1988
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
80
(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.
(5) Where:
(a) a person other than a body corporate is convicted of an offence; and
(b) the person would not have been convicted of the offence if
subsections (3) and (4) had not been enacted;
the person is not liable to be punished by imprisonment for that offence.
(6) A reference in subsection (1) or (3) to the state of mind of a person
includes a reference to:
(a) the knowledge, intention, opinion, belief or purpose of the person;
and
(b) the person’s reasons for the intention, opinion, belief or purpose.
(7) A reference in this section to a director of a body corporate includes a
reference to a constituent member of a body corporate incorporated for a
public purpose by a law of the Commonwealth, of a State or of a
Territory.
(8) A reference in this section to engaging in conduct includes a reference to
failing or refusing to engage in conduct.
(9) A reference in this section to an offence against this Act includes a
reference to:
(a) an offence created by the regulations; and
(b) an offence created by section 6 of the Crimes Act 1914, being an
offence that relates to an offence against this Act or the regulations;
and
(c) an offence created by Part 2.4 of the Criminal Code being an offence
that relates to this Act or the regulations.
98 Regulations etc.
(1) The Governor-General may make regulations, not inconsistent with this
Act:
(a) prescribing matters required or permitted by this Act to be
prescribed;
(b) prescribing matters necessary or convenient to be prescribed for
　
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