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making such an application does not apply if this subsection applies.
31B Stay ends if application is withdrawn
(1) If the holder of a civil aviation authorisation withdraws an application
covered by section 31A, the stay ceases to have effect from the time of
the withdrawal.
(2) The holder must notify CASA of the withdrawal as soon as practicable.
31C Tribunal’s ordinary powers not affected
To avoid doubt, section 31A does not affect:
(a) the operation of subsection 31 (2); or
(b) the powers of the Tribunal under subsection 41 (2) of the
Administrative Appeals Tribunal Act 1975.
31D CASA may still suspend for a serious and imminent risk
Nothing in section 31A prevents CASA from suspending a civil aviation
authorisation under section 30DC (suspension for contravening the
serious and imminent risk prohibition).
Note: See also section 30DD.
32 Powers and functions under State and Territory laws
CASA or the Director, or an officer, authority or person having powers and
functions under this Act or the regulations, may also have similar powers and
functions conferred by the law of a State or Territory relating to air navigation.
60 Civil Aviation Act 1988
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
PART IIIA — INVESTIGATION POWERS
32AA Appointment of investigators
CASA may, in writing, appoint an officer to be an investigator for the
purposes of this Part.
32AB Identity cards
(1) CASA must cause each investigator to be issued with an identity card in a
form approved by CASA and bearing a recent photograph of the
investigator.
(2) A person who stops being an investigator must, as soon as practicable,
return his or her identity card to CASA.
(3) A person must not fail to comply with subsection (2).
Penalty: 1 penalty unit.
(4) Subsection (3) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4)
(see subsection 13.3 (3) of the Criminal Code).
(5) An offence under subsection (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
32AC Monitoring powers — exercised with consent
(1) For the purpose of finding out whether the relevant legislation is being
complied with, an investigator may, with the consent of, and after
producing the investigator’s identity card for inspection by, the occupier
of prescribed premises, enter, and exercise inspection powers on, the
premises.
(1A) Powers under subsection (1) can only be exercised for the purpose of
finding out whether legislation referred to in paragraph (b) of the
definition of relevant legislation in subsection (2) is being complied with
if a request has been made to CASA, in accordance with the ANZA
mutual recognition agreements, for the exercise of powers under this
Part in relation to that legislation.
(2) In this section:
relevant legislation means:
(a) this Act, the regulations and the Civil Aviation Orders; and
(b) the Civil Aviation Act 1990 of New Zealand, and the regulations and
rules made under that Act.
32AD Monitoring warrants
(1) An investigator may apply to a magistrate for a warrant under this section
in relation to particular prescribed premises.
Subsection
32AC (1A)
commences at
the same time
as provision(s)
covered by
section 26A
table item 2
(Act No.
102/2006).
Definition commences
at the same time as
provision(s) covered
by section 26A table
item 2 (Act No.
102/2006).
Civil Aviation Act 1988 61
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
(1A) An application under subsection (1) can only be made for the purpose of
finding out whether legislation referred to in paragraph (b) of the
definition of relevant legislation in subsection 32AC (2) is being
complied with if a request has been made to CASA, in accordance with
the ANZA mutual recognition agreements, for the exercise of powers
under this Part in relation to that legislation.
(2) Subject to subsection (3), the magistrate may issue the warrant if
satisfied, by information on oath, that it is reasonably necessary that the
investigator should have access to the premises for the purpose of finding
out whether the relevant legislation is being complied with.
(3) The magistrate must not issue the warrant unless the investigator or
　
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