Document ID: chunk:federal_register_of_legislation:C2004A04932:body:0:p4
Version: federal_register_of_legislation:C2004A04932
Segment Type: other
Provision Reference: 
Character Range: 7670–10338

subsection (1) or (2), or by a previous application of this subsection; and

    (b) the asset or liability is identified in a written determination by an authorised person that:

        (i) is made after the commencing time; and

        (ii) states that the asset or liability is to become an asset or liability of AA or CASA at a time specified in the determination;

the asset or liability becomes an asset or liability of AA or CASA, as the case may be, at the time specified in the determination.

(4) A transfer effected by this section is not a disposal of an asset for the purposes of Part IIIA of the Income Tax Assessment Act 1936.

References in CAA instruments

10.(1) Each CAA instrument continues to have effect according to its tenor after the commencing time as if:

    (a) a reference in the instrument to CAA, to the extent that the reference relates to CAA's regulatory functions, were a reference to CASA; and

    (b) except to the extent covered by paragraph (a), all references in the instrument to CAA were references to AA.

(2) In this section:

"CAA instrument" means an instrument in operation immediately before the commencing time:

    (a) to which CAA is a party; or

    (b) which was given to, or in favour of, CAA; or

    (c) in which a reference is made to CAA; or

    (d) under which any right or liability accrues or may accrue to CAA.

Pending proceedings

11. If, immediately before the commencing time, CAA was a party to proceedings that were pending or existing in any ifourt or tribunal, then, at the commencing time:

    (a) to the extent that the proceedings relate to CAA's regulatory functions—CASA is substituted for CAA in the proceedings and has the same rights and obligations in the proceedings as CAA had; and

    (b) for all other purposes, AA is substituted for CAA in the proceedings and has the same rights and obligations in the proceedings as CAA had.

Continuation of AOC applications made under the regulations

12. An application for an AOC that was made under the Civil Aviation Regulations before the commencing time may be dealt with under the Civil Aviation Act after the commencing time as if the application had been made under the Civil Aviation Act.

Continuation of Civil Aviation Orders, AOCs etc.

13.(1) Civil Aviation Orders that were in force immediately before the commencing time under subsection 98(4A) of the Civil Aviation Act continue to have effect as if they had been made by CASA under that subsection.

(2) Civil Aviation Orders that were in force under regulations under the Civil Aviation Act immediately before the commencing time continue to have effect as if they had