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the case may be, is taken to have been served on the person on the date
on which the making of the Order is notified in the Gazette.
5A Certain directions etc. to be disallowable instruments
(1) If:
(a) CASA has issued a Civil Aviation Order that is not an
Airworthiness Directive, whether before or after 16 June 1994;
and
(b) a prescribed direction or exemption is issued, given or granted on
or after that day; and
(c) the prescribed direction or exemption has the effect of repealing,
amending, or otherwise affecting the operation of, anything in the
Order;
the prescribed direction or exemption is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act 1901.
(2) In this regulation:
prescribed direction or exemption means a direction, instruction,
notification, exemption, permission, approval or authority (however
described or commonly called) issued, given or granted under these
Regulations, but does not include anything in:
(a) a Civil Aviation Order; or
(b) an airworthiness directive; or
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(c) an instrument that is declared under any other provision of these
Regulations to be a disallowable instrument for the purposes of
section 46A of the Acts Interpretation Act 1901.
6 Authorised persons
(1) CASA may, in writing:
(a) appoint a person to be an authorised person for the purposes of a
provision of these Regulations in which the expression
“authorised person” occurs; or
(b) appoint persons included in a class of person to be authorised
persons for the purposes of a provision of these Regulations in
which the expression “authorised person” occurs.
(2) An appointment under subregulation (1) may be made subject to such
conditions as are specified in the instrument of appointment.
6A Identity cards
(1) CASA must issue an identity card to an authorised person:
(a) appointed under regulation 6 for the purposes of any 1 or more of
the following provisions:
(i) subregulation 30 (4);
(ii) subregulation 33 (2);
(iii) regulation 43A;
(iv) regulation 50D;
(v) regulation 53;
(viii) regulation 227;
(ix) regulation 290;
(x) regulation 302;
(xi) regulation 310B; or
(b) acting under regulation 305.
(2) An identity card must:
(a) bear a recent photograph of the person; and
(b) identify whichever of the provisions referred to in subregulation
(1) is relevant; and
(c) be in a form approved, in writing, by CASA.
(3) If a person issued with an identity card stops being an authorised
person for the purposes of all or any provision identified in it, the
person must return the card to CASA within 7 days of the person
stopping being an authorised person.
Penalty: 1 penalty unit.
(3A) An offence against subregulation (3) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
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(3B) It is a defence to a prosecution under subregulation (3) if the defendant
returned the identity card to CASA as soon as practicable.
Note A defendant bears an evidential burden in relation to the matter in
subregulation (3B) (see subsection 13.3 (3) of the Criminal Code).
(4) If a person returns an identity card because he or she has stopped being
an authorised person for the purposes of only some of the provisions
identified in it, CASA must, as soon as practicable, issue to the person
a new identity card under subregulation (1) identifying the provisions
for the purposes of which the person is still appointed as an authorised
person.
7 Delegation by CASA
(1) The Director may, in writing, delegate to a person all or any of
CASA’s powers and functions under CAR.
(2) A delegation may be made subject to conditions that are necessary in
the interests of the safety of air navigation.
(3) A delegate is subject to any written direction of the Director in the
exercise of a power, or the performance of a function, delegated under
subregulation (1).
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