Document ID: chunk:federal_register_of_legislation:F2023C01070:reg:17
Version: federal_register_of_legislation:F2023C01070
Segment Type: reg
Provision Reference: reg 17
Character Range: 21813–24132

17  Transitional
 (1) If:
 (a) an instrument made, granted or issued by Airservices Australia under, or for the purposes of, a provision of Part 2 of the Air Services Regulations 1995 (the repealed provision) was in effect immediately before the commencement of this provision (the commencement date); and
 (b) the repealed provision is one to which a provision of these Regulations corresponds;
the instrument continues to have effect on and after the commencement date as if it had been made, granted or issued by CASA for the purposes of that corresponding provision.
 (2) If:
 (a) any act done, step taken or decision made (not being the making, granting or issuing of an instrument) by Airservices Australia under, or for the purposes of, a provision of Part 2 of the Air Services Regulations 1995 (the repealed provision) was in effect immediately before the commencement of this provision (the commencement date); and
 (b) the repealed provision is one to which a provision of these Regulations corresponds;
the act, step or decision continues to have effect on and after the commencement date as if it had been done, taken or made by the appropriate person under, or for the purposes of, that corresponding provision.
 (3) CASA may exercise any power under Part 2 in relation to:
 (a) a civil aviation instrument; or
 (b) an amended civil aviation instrument; or
 (c) any aerodrome or airspace to which an instrument mentioned in paragraph (a) or (b) applies;
as if that instrument had been made under the corresponding provision in Part 2.
 (4) The powers referred to in subregulation (3) include, in the case of an instrument to which paragraph 10(1)(b) of the Civil Aviation Legislation Amendment Act 1995 applies, power to vary or revoke the instrument.
 (5) In subregulation (3):
amended civil aviation instrument means a civil aviation instrument as amended by Airservices Australia exercising a power under a provision of Part 2 of the Air Services Regulations 1995, as in force immediately before its repeal, in accordance with regulation 7.05 of those regulations.
civil aviation instrument means an instrument:
 (a) made under regulation 87, 99, 99AA, 140 or 141 of the Civil Aviation Regulations 1988; and
 (b) continued in effect by section 10 of the Civil Aviation Legislation Amendment Act 1995.