Document ID: chunk:federal_register_of_legislation:C2024C00556:section:98:p3
Version: federal_register_of_legislation:C2024C00556
Segment Type: section
Provision Reference: s 98 (pt 3/20)
Character Range: 233334–236193

checking;
 (s) the planning, construction, establishment, maintenance, operation and use of:
 (i) services and facilities of the kind covered by paragraph 8(1)(a) of the Air Services Act 1995; and
 (iii) services of the kind referred to in paragraph 6(1)(b) of the Australian Maritime Safety Authority Act 1990 to the extent that those services use aircraft;
  and any construction associated with those facilities or services;
 (t) the personnel engaged in anything referred to in paragraph (s);
 (u) prescribing fees (either by specifying amounts or by prescribing a method of calculation) in relation to services, applications or requests, or the doing of anything, under this Act, the regulations or the Civil Aviation Orders, other than services provided by, applications or requests dealt with in any way by, or anything done by, an external service provider (within the meaning of section 97AB);
 (v) prescribing fees (either by specifying amounts or by prescribing a method of calculation) in relation to services, applications or requests, or the doing of anything by CASA under the Aviation Transport Security Act 2004;
 (w) the circumstances in which unmanned aircraft levy is payable and the collection of unmanned aircraft levy.
 (3AA) Despite the ANZA mutual recognition agreements, the regulations cannot allow for the mutual recognition of ANZA safety certifications (other than AOCs) between Australia and New Zealand. For this purpose, an ANZA safety certification is:
 (a) a civil aviation authorisation; or
 (b) an aviation document, within the meaning of the Civil Aviation Act 1990 of New Zealand.
 (3AB) Subsection (3AA) does not prevent the making of regulations for purposes connected with the Trans‑Tasman Mutual Recognition Act 1997.
 (3A) The regulations may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in a written instrument or other document, as in force at a particular time or from time to time, even if the written instrument or other document does not yet exist when the regulation is made.

  For this purpose, modifications includes omissions, additions and substitutions.
 (3B) Nothing in this Act (including, in particular, subsection 9(1), subsection 13(4) and section 94) is to be taken to prevent regulations being made which provide for the delegation of:
 (a) a function conferred on CASA under subsection 9(1); or
 (b) a power of CASA for or in connection with the performance of that function;
to a person who is not an officer.
 (4) Where the regulations provide for the removal, marking or lighting of anything referred to in paragraph (3)(g), the regulations shall also provide for the payment of compensation to any person who suffers loss or damage or incurs expense in or as a direct result of the removal, marking