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AIRSPACE ACT 2007 - SECT 11

CASA to administer and regulate Australian - administered airspace

  (1)   The regulations may make provision for and in relation to conferring functions and powers on CASA that are in connection with the administration and regulation of Australian - administered airspace.

  (2)   Regulations made for the purposes of subsection   ( 1) may make provision for and in relation to any one or more of the following:

  (a)   the classification of volumes of Australian - administered airspace;

  (b)   the timing of reviews referred to in section   13 and the manner in which such reviews are to be conducted;

  (c)   the determination of the services and facilities to be provided by the providers of air navigation services in relation to particular volumes of Australian - administered airspace;

  (d)   the designation of volumes of Australian - administered airspace for the purposes of restricting access to, or warning about access to, that airspace;

  (e)   the designation of air routes and airways in Australian - administered airspace and the conditions of use of a designated air route or airway;

  (f)   the giving of directions in connection with the use or operation of a designated air route or airway or of air route or airway facilities;

  (g)   the determination of aerodromes as controlled aerodromes;

  (h)   the determination of volumes of Australian - administered airspace as flight information areas or flight information regions;

  (i)   the determination of volumes of Australian - administered airspace as control areas or control zones;

  (j)   the regulation of the provision of aeronautical information services;

  (k)   the obtaining of information from the operators of aerodromes, the owners or operators of aircraft or the providers of air navigation services.

  (3)   Subsection   ( 2) does not limit subsection   ( 1).

Penalties

  (4)   Regulations made for the purposes of subsection   ( 1) may prescribe penalties for offences against the regulations. A penalty must not be more than 50 penalty units.

Note:   Regulations under the Civil Aviation Act 1988 also contain some offences in relation to the matters mentioned in subsection   ( 2).

Charges

  (5)   Regulations made for the purposes of subsection   ( 1) may make provision for and in relation to prescribing charges in respect of the performance of a function, or the exercise of a power, by CASA.

  (6)   A charge may be set either by fixing the amount or by setting a method of calculation.

  (7)   A charge must not be such as to amount to taxation.

Sub - delegation

  (8)   Regulations made for the purposes of subsection   ( 1) may make provision for and in relation to CASA delegating functions or powers to another person.

Definitions

  (9)   In this section:

"aerodrome" has the meaning prescribed by the regulations.

"aircraft" has the same meaning as in the Civil Aviation Act 1988 .

"air route" has the meaning prescribed by the regulations.

"air route or airway facilities" has the meaning prescribed by the regulations.

"airway" has the meaning prescribed by the regulations.



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