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notice under section 30DH in relation to
the authorisation
the end of the fifth business day after the order
ceased to be in force.
3 CASA varies, suspends or cancels the
authorisation under section 30DI
the time the holder is notified of the variation,
suspension or cancellation.
4 CASA gave the holder a show cause
notice under section 30DH in relation to
the authorisation, but, in the 5 business
days after the last day of the period
specified in the notice, CASA does not
vary, suspend or cancel the
authorisation
the end of the fifth business day after the last
day of the period specified in the show cause
notice.
Civil Aviation Act 1988 49
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
Division 3B — Enforceable voluntary undertakings
30DK Enforceable voluntary undertakings
(1) CASA may accept a written undertaking given by the holder of a civil
aviation authorisation in connection with a matter:
(a) arising under this Act or the regulations; and
(b) in relation to which CASA has a function or power under this Act or
the regulations.
(2) The period for which the undertaking applies must not exceed 6 months.
However, CASA may accept a further undertaking from the holder.
(3) The undertaking must not require, or have the effect of requiring, the
holder to pay money to CASA.
(4) CASA must publish details of the undertaking on the Internet.
(5) The holder may withdraw or vary the undertaking at any time, but only
with the consent of CASA.
(6) If CASA considers that the holder has breached any of the terms of the
undertaking, CASA may apply to the Federal Court for an order under
subsection (7).
(7) If the Federal Court is satisfied that the holder has breached a term of the
undertaking, the Court may make all or any of the following orders:
(a) an order directing the holder to comply with that term of the
undertaking;
(b) an order directing the holder to pay to the Commonwealth an amount
up to the amount of any financial benefit that the holder has obtained
directly or indirectly and that is reasonably attributable to the breach
of the undertaking;
(c) any other order that the Court considers appropriate.
50 Civil Aviation Act 1988
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
Division 3C — Protection from administrative action for voluntary reporting
Subdivision A — Preliminary
30DL Definitions
In this Division:
accident means an occurrence that is associated with the operation or
maintenance of an aircraft and that results in:
(a) the death of, or serious injury to, a person; or
(b) the destruction of, or serious damage to, an aircraft or other property
(whether or not property on the aircraft).
prescribed person means the person prescribed under section 30DM.
reportable contravention means a contravention of the regulations, other
than the following:
(a) a contravention that is deliberate;
(b) a contravention that is fraudulent;
(c) a contravention that causes or contributes to an accident or to a
serious incident (whether before or after the contravention is
reported);
(d) a contravention of a regulation that is prescribed for the purposes of
this paragraph.
serious incident means an occurrence that is associated with the
operation or maintenance of an aircraft where either or both of the
following applies:
(a) the occurrence gives rise to a danger of death or serious harm to a
person;
(b) the occurrence gives rise to a danger of serious damage to an aircraft
or other property (whether or not property on the aircraft).
30DM Prescribed person
(1) The regulations may prescribe a person for the purposes of this Division.
(2) Without limitation, the person prescribed under subsection (1) may be:
(a) a statutory corporation; or
(b) any person from time to time holding, occupying or performing the
duties of, a specified position or office (including a statutory office).
(3) The prescribed person has the powers and functions conferred on the
person by the regulations.
30DN Voluntary reporting scheme
(1) The regulations may establish a scheme for the voluntary reporting of
reportable contraventions to the prescribed person.
(2) The regulations may prescribe:
(a) the purposes of the scheme; and
Civil Aviation Act 1988 51
Amended Civil Aviation Act — 5th Edition Legal Services Group
　
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