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material.
(4) CASA may, for the purposes of paragraph (2) (e), approve instructions
relating to how maintenance on aircraft, aircraft components or aircraft
material is to be carried out.
2B Powers to issue directions etc.
(1) If:
(a) a provision of these Regulations refers to a prescribed act done by
CASA or an authorised person; and
(b) there is no provision of the Act or these Regulations expressly
authorising CASA or an authorised person to do the act;
the provision mentioned in paragraph (a) is taken to authorise CASA
or an authorised person, as the case may be, to do the act.
(2) For the purposes of this regulation, CASA or an authorised person is
taken to do a prescribed act if CASA or the authorised person issues,
gives or grants a direction, instruction, notification, exemption,
permission, approval or authority, or does any other act or thing.
2C How to read CASR
(1) CASR is to be read with, and as if it formed part of, these regulations.
(2) However, if there is any inconsistency between these regulations and
CASR, CASR prevails to the extent of the inconsistency.
3 Application of Regulations
(1) Subject to these Regulations, these Regulations apply to and in
relation to:
(a) international air navigation within Australian territory;
(b) air navigation in relation to trade and commerce with other
countries and among the States;
(c) air navigation within the Territories;
(d) air navigation to or from the Territories;
(e) air navigation in which a Commonwealth aircraft is engaged;
(f) air navigation in controlled air space that is of a kind not
specified in paragraph (a), (b), (c), (d) or (e) but directly affects,
or may endanger, the safety of persons or aircraft engaged in:
(i) air navigation of a kind specified in paragraph (a), (b), (d)
or (e); or
(ii) air navigation in which a military aircraft is engaged; and
Replacement Page Amdt No. 14
March 2007
34 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(g) all air navigation within Australian territory of a kind not
specified in paragraph (a), (b), (c), (d) or (e).
(2) Except where otherwise prescribed, the provisions of these
Regulations shall apply to and in relation to Australian aircraft
engaged in air navigation outside Australian territory.
(3) When an Australian aircraft is flying over the high seas, the provisions
of Annex 2 to the Convention shall apply to and in relation to that
aircraft and that flight in substitution for the corresponding provisions
of these Regulations relating to the flight and manoeuvre of aircraft.
(4) CASA shall notify in Aeronautical Information Publications any
differences between the provisions of these Regulations relating to the
flight and manoeuvre of aircraft and the provisions of Annex 2 to the
Convention.
(5) Subject to these Regulations, these Regulations do not apply to or in
relation to state aircraft or to military aerodromes.
(6) Notwithstanding the provisions of subregulation (5), the provisions of
these Regulations relating to flight and manoeuvre of aircraft and the
licensing of personnel apply to and in relation to a flight by an
Australian military aircraft where the aircraft is flown by a person
other than a member of the Defence Force.
Replacement Page Amdt No. 14
March 2007
Civil Aviation Regulations 1988 35
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
PART 2 ADMINISTRATION AND ORGANISATION
4 CASA
(1) CASA shall, subject to the directions of the Minister, be charged with
the administration of these Regulations, and shall exercise and perform
the powers and functions conferred on CASA by these Regulations.
(2) CASA shall maintain close liaison with the Department of Defence in
matters of common interest.
5 Civil Aviation Orders
(1) Wherever CASA is empowered or required under these Regulations to
issue any direction, instruction or notification or to give any
permission, approval or authority, CASA may, unless the contrary
intention appears in the regulation conferring the power or function or
imposing the obligation or duty, issue the direction or notification or
give the permission, approval or authority in Civil Aviation Orders or
otherwise in writing.
(2) Expressions used in Civil Aviation Orders shall, unless the contrary
intention appears, have the same meanings as in these Regulations.
(3) If a direction, instruction or notification relating to a person is issued
in Civil Aviation Orders, the direction, instruction or notification, as
　
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