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aircraft.
Note 1 A direction is a disallowable instrument — see subsections 98 (5A) and
(5B) of the Act and section 46A of the Acts Interpretation Act 1901. The making of
a direction must be notified in the Gazette.
Note 2 The power to issue a direction must be exercised by the Director
personally — see subregulation 11.260 (2).
Note 3 See also Part 39 in relation to CASA’s powers to issue Airworthiness
Directives.
(2) However, CASA may issue such a direction:
(a) only if it is reasonably necessary to do so in the interests of the
safe navigation and operation, or the maintenance, of aircraft;
and
(b) only if the direction is not inconsistent with the Act; and
(c) only for the purposes of CASA’s functions.
Note CASA’s functions are set out in section 9 of the Act.
11.250 Period of effect of direction
A direction ceases to be in force:
(a) if it specifies a day (not longer than 1 year after the day on which
it commences) on which it ceases to be in force — on the
specified day; or
(b) if it does not specify a day for that purpose — 1 year after the day
it commences.
Note A direction is a disallowable instrument and therefore commences in
accordance with paragraph 48 (1) (b) of the Acts Interpretation Act 1901. See
generally section 48 of that Act.
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
New Page – Amdt No. 11 – December 2004 Civil Aviation Safety Authority
Part 11 — 24
11.255 Contravention of direction
(1) A person must not contravene a direction that is applicable to the
person.
Penalty: 50 penalty units.
(2) A contravention of subregulation (1) is an offence of strict liability.
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
New Page – Amdt No. 11 – December 2004 Civil Aviation Safety Authority
Part 11 — 25
Subpart 11.H Delegation of CASA’s powers
11.260 Delegation
(1) The Director may, by instrument, delegate to a person CASA’s
powers and functions under CASR.
(2) However, the following powers of CASA must be exercised by the
Director personally:
(a) the power to issue a direction under Subpart 11.G;
(b) the power to issue a type acceptance certificate subject to a
condition under subregulation 21.029B (2);
(c) the power to refuse to issue a type acceptance certificate under
subregulation 21.029C (1);
(d) the power to suspend or cancel a type acceptance certificate
under subregulation 21.051 (4).
(3) A delegation may be subject to conditions stated in the instrument of
delegation.
(4) A delegate is subject to any written direction of the Director in the
exercise of a power, or the performance of a function, delegated under
subregulation (1).
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
New Page – Amdt No. 11 – December 2004 Civil Aviation Safety Authority
Part 11 — 26
Subpart 11.J Manuals of Standards — procedures
11.265 Applicability
(1) This Subpart sets out the procedures for consultation before CASA
issues a Manual of Standards.
(2) The procedures in this Subpart apply to the amendment or revocation
of a MOS in the same way as to the issue of a MOS.
(3) This Subpart applies whether or not the relevant MOS is a
disallowable instrument.
Note 1 Manuals of Standards are documents which support CASR by providing
detailed technical material, such as technical specifications or standards. See
generally ‘Incorporated Manuals’ (paragraphs 52 and 53) in the Guide.
Note 2 Manuals of Standards for Parts 65, 143, 171 and 172, and Subpart 139.H,
of CASR are disallowable instruments.
11.270 Definition — MOS
In this Subpart:
MOS means Manual of Standards.
11.275 Notice of intention to issue Manuals of Standards not required
in certain circumstances
(1) CASA must comply with the procedures set out in this Subpart before
issuing a MOS unless the Director determines, in writing, that:
(a) it is necessary to issue the MOS as soon as practicable in the
interests of aviation safety; or
(b) the MOS is required to give effect to a specific undertaking given
by the Minister; or
(c) the MOS is required to give effect to an obligation under an
international treaty or an intergovernmental agreement; or
(d) the MOS is of a minor or machinery nature that does not
substantially alter existing arrangements; or
　
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