Document ID: chunk:federal_register_of_legislation:C2024C00556:section:98:p4
Version: federal_register_of_legislation:C2024C00556
Segment Type: section
Provision Reference: s 98 (pt 4/20)
Character Range: 235962–238742

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 or lighting.
 (4A) CASA may issue Civil Aviation Orders, not inconsistent with this Act or the regulations, and not prescribing any pecuniary penalty, with respect to any matter in relation to which regulations may be made for the purposes of section 23, 23B or 28BA.
 (4B) An order issued under subsection (4A) is a legislative instrument.
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the order (see regulations made for the purposes of paragraph 54(2)(b) of that Act).
 (5) The regulations may provide that CASA may issue a Civil Aviation Order containing a direction, instruction, notification, permission, approval or authority.
 (5AAA) A Civil Aviation Order issued under a regulation made under subsection (5) is a legislative instrument.
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the Order (see regulations made for the purposes of paragraph 54(2)(b) of that Act).
 (5A) The regulations may empower CASA to issue instruments in relation to the following:
 (a) matters affecting the safe navigation and operation, or the maintenance, of aircraft;
 (b) the airworthiness of, or design standards for, aircraft.
An instrument must not prescribe a penalty.
 (5AA) An instrument issued under paragraph (5A)(a) is a legislative instrument if the instrument is expressed to apply in relation to:
 (a) a class of persons; or
 (b) a class of aircraft; or
 (c) a class of aeronautical product.
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).
 (5AB) An instrument issued under paragraph (5A)(a) 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.
 (5B) An instrument issued under a regulation made under paragraph (5A)(b) is a legislative instrument if the instrument is, or relates to:
 (a) an airworthiness directive; or
 (b) an airworthiness standard; or
 (c) a design standard.
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument (see regulations made for the purposes of paragraph 54(2)(b) of that Act).
 (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