Document ID: chunk:federal_register_of_legislation:C2024C00556:section:98:p5
Version: federal_register_of_legislation:C2024C00556
Segment Type: section
Provision Reference: s 98 (pt 5/20)
Character Range: 238493–241327

(5BA) However, an instrument issued under a regulation made under paragraph (5A)(b) is not a legislative instrument if the instrument is expressed to apply in relation to:
 (a) a particular person; or
 (b) a particular aircraft; or
 (c) a particular aeronautical product.
 (5C) Subsection (5A) is not taken to affect CASA's power to issue directions or instructions under paragraph 98(3)(h).
 (5D) Despite section 14 of the Legislation Act 2003, a legislative instrument made under this Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing:
 (a) as in force or existing at a particular time; or
 (b) as in force or existing from time to time;
even if the other instrument or writing does not yet exist when the legislative instrument is made.
 (6) The preceding provisions of this section (including provisions that do not contain references to the States or to a Territory) have effect as if the Northern Territory were a State.
 (6A) The regulations may contain provisions relating to medical standards that are inconsistent with the Sex Discrimination Act 1984 if the inconsistency is necessary for the safety of air navigation.
Note: See also Part 2 of Schedule 1 to the Civil Aviation Amendment Act 2005.
 (6B) The regulations may contain provisions that are inconsistent with the Disability Discrimination Act 1992 if the inconsistency is necessary for the safety of air navigation.
Note: See also Part 2 of Schedule 1 to the Civil Aviation Amendment Act 2005.
 (6C) CASA must consult the Australian Human Rights Commission about any proposal that regulations be made containing provisions that are inconsistent as mentioned in subsection (6A) or (6B). However, a failure to consult the Commission does not affect the validity of any regulations so made.
 (7) A law of a Territory (not being a law of the Commonwealth) does not have effect to the extent to which it is inconsistent with a provision of the regulations having effect in that Territory, but such a law shall not be taken to be inconsistent with such a provision to the extent that it is capable of operating concurrently with that provision.

Endnotes

Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history

Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The