Civil Aviation Amendment Act 1992

1: Short Title and commencement
1: This Act may be cited as the Civil Aviation Amendment Act 1992, and shall be read together with and deemed part of the Civil Aviation Act 1990
2: Except as provided in section 35(4)
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35: Repeals
1: Section 99(1) paragraph (a)
2: Section 99(1) paragraph (b)
3: Section 99(1) paragraph (c)
4: Subsections (1) (2) (3)
5: No Order in Council shall be made under this section unless the Minister has recommended the making of the order, which recommendation shall be made only if the Minister—
a: Has consulted the Authority about the proposed recommendation; and
b: Is satisfied that appropriate rules governing the aviation services specified in the provision to which the order relates are in force under the principal Act. OIC Civil Aviation Act 1990
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39: Amendments to other enactments
The enactments specified in Schedule 2
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41: Transitional provisions
42: Transitional provisions relating to employees
1: Notwithstanding any other provision of this Act or the principal Act or any provision of the State Sector Act 1988
a: Every person employed in the Ministry immediately before the commencement of this Act and engaged principally in duties that relate to functions that are functions of the Authority or of the Director is hereby deemed an employee of the Authority; and
b: The terms and conditions of employment of every person who, by virtue of paragraph (a)
2: For the purposes of every enactment, law, award, determination, contract, and agreement at any time relating to the employment of a person who, by virtue of subsection (1)
a: The contract of employment that applied immediately before the commencement of this Act in respect of that person's employment in the Ministry shall be deemed not to have been broken by that person having so become a person employed by the Authority; and
b: Any period recognised by the Secretary as continuous service in the Ministry shall be deemed to have been a period of continuous service in the Authority.
3: No person who becomes, by virtue of subsection (1)(a)
4: No person employed in the Ministry before the commencement of this Act shall be entitled to be paid any compensation for redundancy if—
a: Before the commencement of this Act, he or she was engaged principally on duties relating to the examination, testing, or flight testing of applicants for the grant or renewal of aviation documents in respect of flight crew or aircraft maintenance personnel; and
b: Before the commencement of this Act, he or she was offered employment on or after the commencement of this Act by any person outside the Ministry who is to assume full or partial responsibility for those duties on or after the date of that commencement; and
c: The person assuming responsibility for those duties has agreed to treat service with the Ministry as if it were service with that person and as if it were continuous; and
d: The conditions of employment offered to the employee by the person assuming responsibility for those duties are the same as, or are no less favourable than, the employee's conditions of employment in the Ministry; and
e: The offer of employment by the person assuming the responsibility for those duties is an offer to employ the employee either—
i: Principally on duties that relate to the duties carried out by the person while employed by the Ministry; or
ii: In a capacity that the employee is willing to accept.
43: Contributors to Government Superannuation Fund
1: Any person who, immediately before the commencement of this Act, was an officer or employee appointed under the State Sector Act 1988 Government Superannuation Fund Act 1956 Government Superannuation Fund Act 1956 Government Superannuation Fund Act 1956
2: Subject to the Government Superannuation Fund Act 1956 subsection (1)
3: For the purposes of applying the Government Superannuation Fund Act 1956 subsection (1) controlling authority
44: Transitional provisions relating to performance agreement
Notwithstanding section 72F section 31
45: Transitional provisions relating to functions to be contracted out by Ministry
At the request of the Secretary and on such terms and conditions as it may agree with the Secretary, the Authority may—
a: Provide administrative support services in respect of the Aviation Security Service:
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c: Carry out other specified civil aviation functions usually carried out by the Ministry. Paragraph (b) repealed 13 August 1996 Civil Aviation Amendment Act 1996
46: Savings
1: Where, before the commencement of this Act, the Ministry or any officer of the Ministry has become a party to any proceedings under the principal Act, the proceedings may be continued, completed, and enforced as if the Authority or the Director, as the case may require, were that party.
2: Where, before the commencement of this Act, the Ministry or any officer of the Ministry has commenced an action under the principal Act or regulations made under that Act, the action may be continued, completed, and enforced as if the Authority or the Director, as the case may require, had commenced it.
3: Every reference to the Director of Civil Aviation in any Act, regulation, rule, order, other enactment, agreement, deed, instrument, application, notice, or other document whatever, being a reference that was, immediately before the commencement of this Act, required by virtue of section 102(2)
4: Every reference to the Civil Aviation Authorities in any Act, regulation, rule, order, other enactment, agreement, deed, instrument, application, notice, or other document whatever, being a reference that was, immediately before the commencement of this Act, required by virtue of section 102(4)
5: Every authority given by the Secretary under section 24 section 84
47: Transfer of Crown assets and liabilities to Authority
Part 4 State-Owned Enterprises Act 1986 sections 27 to 27D
a: The Minister was the shareholding Minister for a State enterprise; and
b: The Authority were a State enterprise.