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plan prepared by the Director and each subsequent corporate plan.
(5) The person who held office as the Director immediately before the
commencement of item 26 holds office as the Director after the
commencement of that item as if the person had been appointed, for a
period determined by the Minister for the purposes of this subsection,
under section 84 of the Civil Aviation Act 1988 as amended.
(6) The period determined by the Minister for the purposes of subsection (5)
must not exceed the unexpired part of the person’s current term.
(7) The terms and conditions determined by the Board in relation to the
Director under section 12C of the Remuneration Tribunal Act 1973
continue in effect after the commencement of item 28 as if the terms and
conditions had been determined by the Minister.
(8) The terms and conditions applicable under section 91 of the Civil
Aviation Act 1988 continue in effect after the commencement of item 42
as if the terms and conditions had been determined by the Director.
(9) The amendment made by item 43 does not affect a delegation by the
Director to a member of the staff of CASA.
(9A) The repeal of regulation 268 of the Civil Aviation Regulations 1988 by
this Act does not apply to notices served by CASA before the repeal
happened.
(10) In this section:
CASA means the Civil Aviation Safety Authority established by the Civil
Aviation Act 1988.
Director has the meaning given by subsection 3 (1) of the Civil Aviation
Act 1988.
item means an item of Schedule 1.
Civil Aviation Amendment Act 2005, No. 86, 2005, Schedule 1, Part 2
4 Definitions
In this Part:
amend includes repeal.
original Civil Aviation Regulations means the regulations purportedly
made, before the commencement of this Schedule, by Statutory Rules
1988, No. 158, as the Civil Aviation Regulations 1988.
Civil Aviation Act 1988 Notes – 9
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 3 – March 2007 Civil Aviation Safety Authority
original Civil Aviation Safety Regulations means the regulations
purportedly made, before the commencement of this Schedule, by
Statutory Rules 1998, No. 237, as the Civil Aviation Regulations 1998.
Note: The Civil Aviation Regulations 1998 were renamed as the Civil Aviation Safety
Regulations 1998 by the Civil Aviation Amendment Regulations 2002 (No 11).
5 Effect of the Civil Aviation Regulations and the Civil Aviation
Safety Regulations before the commencement of this Schedule
(1) Subject to subitem (3), the rights and liabilities of all persons are, by
force of this item, declared to be, and always to have been, the same as if:
(a) the amendment made by item 1 of this Schedule had been in force
during the period:
i) starting immediately before the time when the original Civil
Aviation Regulations purported to commence; and
(ii) ending on the commencement of this Schedule; and
(b) regulations had been in force during that period that were in the same
terms as the original Civil Aviation Regulations, as purportedly
amended from time to time during that period.
(2) Subject to subitem (3), the rights and liabilities of all persons are, by
force of this item, declared to be, and always to have been, the same as if:
(a) the amendment made by item 1 of this Schedule had been in force
during the period:
(i) starting immediately before the time when the original Civil
Aviation Safety Regulations purported to commence; and
(ii) ending on the commencement of this Schedule; and
(b) regulations had been in force during that period that were in the same
terms as the original Civil Aviation Safety Regulations, as
purportedly amended from time to time during that period.
(3) This item does not affect the rights and liabilities arising between parties
to a proceeding heard and finally determined by a court before the
commencement of this Schedule, to the extent that those rights and
liabilities arose from, or were affected by:
(a) the original Civil Aviation Regulations (as purportedly amended as
mentioned in paragraph (1) (b)); or
(b) the original Civil Aviation Safety Regulations (as purportedly
amended as mentioned in paragraph (2) (b)).
6 Effect of the Civil Aviation Regulations and the Civil Aviation
Safety Regulations on and after the commencement of this
Schedule
(1) The original Civil Aviation Regulations, as purportedly amended up to
the commencement of this Schedule, have effect on and after the
commencement of this Schedule as if the amendment made by item 1 of
this Schedule had been in force during the period:
(a) starting immediately before the time when the original Civil Aviation
　
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