Document ID: chunk:federal_register_of_legislation:C2004A04681:body:0:p9
Version: federal_register_of_legislation:C2004A04681
Segment Type: other
Provision Reference: 
Character Range: 20917–23854

of the State of registry in respect of the aircraft that are transferred under the agreement or amendment; and

     (e) the provisions of this Act that are stated in the agreement or amendment to be related to the functions.

"(7) If an 83 bis agreement has ceased to be in force, the Authority must, as soon as practicable, publish a Gazette notice setting out particulars of that cessation.

"(8) A notice under subsection (5) or (7) is evidence of the matters stated in it.".

23. After paragraph 7(a):

  Insert:

      "(aa) foreign aircraft specified in any 83 bis agreement that has the effect of transferring functions or duties; and".

24. Before paragraph 7(b):

  Insert:

      "(ab) the provision of services referred to in section 10A; and".

25. Paragraph 7(b):

  Insert "subject to any 83 bis agreement," before "Australian aircraft".

26. After section 10:

  Insert:

Additional functions—consultancy services for foreign countries or agencies

"10A.(1) The Authority may, under a contract with a foreign country or with an agency of a foreign country, provide consultancy services for that country or agency in relation to the regulation of the safety of air navigation or any other matter in which the Authority has expertise.

SCHEDULE—continued

"(2) Those services may include the performance of regulatory functions in relation to foreign aircraft under the law of a foreign country.".

27. Subsection 19(3):

  Omit "Penalty: $500.", substitute "Penalty: 5 penalty units.".

28. Subsection 23A(2):

  Omit "Penalty: $3,000.", substitute "Penalty: 30 penalty units.".

29. Subsection 23B(2):

  Omit "Penalty: $3,000.", substitute "Penalty: 30 penalty units.".

30. Subsection 27(2):

Omit "Except as authorised by a Certificate", substitute "Except as authorised by a Certificate, or by a permission under section 27A".

31. After subsection 27(2):

  Insert:

"(2A) A Certificate may authorise the flying or operation of an aircraft, other than the operation of a foreign registered aircraft on domestic commercial flights, by authorising the flying or operation of aircraft included in a class of aircraft described in the Certificate.

"(2B) A Certificate may be issued only to a natural person or to a body having legal personality.".

32. After section 27:

  Insert:

Permission for operation of foreign registered aircraft without Air Operator's Certificate

  "27A.(1) If:

     (a) a person wishes to operate a foreign registered aircraft on domestic commercial flights; and

     (b) the Authority has not entered into an agreement of a kind referred to in paragraph 28A(1)(a) that is necessary to permit the issue of an Air Operator's Certificate authorising that operation;

the person may apply for a permission for the aircraft to be so operated.

"(2) The Authority may only grant the permission if it is satisfied that to do so will not adversely affect the safety of air navigation.

"(3) The