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the report that the contravention for which the report is made is not a
reportable contravention.
Note Under section 30DL of the Act, the following contraventions are not
reportable contraventions:
(a) a contravention of these Regulations that is deliberate;
(b) a contravention of these Regulations that is fraudulent;
(c) a contravention of these Regulations 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 prescribed under regulation 13.325.
(2) If the Executive Director accepts a report, the Executive Director
must:
(a) ensure that the report is given a unique receipt number and
stamped, on the front page, with the receipt number and the date
when the report was made; and
(b) give to the holder of a civil aviation authorisation who made the
report a receipt that sets out:
(i) the authorisation holder’s name; and
(ii) the date the report was made; and
(iii) the date and nature of the contravention; and
(c) having regard to subregulation 13.360 (2), determine what
information contained in the report is to be included in the files
or databases primarily kept for the purposes of ASRS; and
(d) return the report to the authorisation holder who made the report.
(3) If the Executive Director does not accept a report, he or she must,
subject to regulation 13.355, return the report to the authorisation
holder.
13.355 Reports relating to unlawful interference
If a report relates to an act of unlawful interference (within the
meaning of ICAO Document 9713, ‘International Civil Aviation
Vocabulary’, as in force from time to time), the Executive Director
must send it to the Aviation Security Duty Officer in the Department.
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page Amdt No. 11 – December 2004 Civil Aviation Safety Authority
Part 13 — 5
13.360 Use of information contained in reports (Act s 30DN (2) (c))
(1) The Executive Director must not keep a copy of a report made under
ASRS.
(2) The Executive Director must ensure that, to the extent practicable,
information that identifies the authorisation holder who made the
report (or any person referred to in the report) is not included in any
file or database primarily kept for the purposes of ASRS.
(3) Information contained in a report of a reportable contravention (other
than information that is personal information within the meaning of
the Privacy Act 1988) may be disclosed by the Executive Director
without the consent of the authorisation holder who made the report
but only if the information is to be used for a purpose mentioned in
subregulation 13.335 (3).
13.365 Delegation by Executive Director
(1) The Executive Director may, in writing, delegate to a person engaged
to perform duties in the Department (whether as an APS employee,
SES employee or under any other arrangement) a power (except this
power of delegation), function or duty of the Executive Director under
this Division.
(2) In exercising powers, functions and duties under a delegation, the
delegate must comply with any directions of the Executive Director.
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page Amdt No. 11 – December 2004 Civil Aviation Safety Authority
Part 13 — 6
Division 13.K.2 Demerit points scheme
13.370 Offences to which demerit points scheme applies (Act s 30DT)
(1) All offences under CAR and CASR that are specified as strict liability
offences are prescribed as offences to which Division 3D (Demerit
points scheme) of Part III of the Act applies.
(2) The number of points that are incurred in relation to an offence to
which that Division applies are as follows:
(a) if the maximum penalty for the offence is 10 penalty units or
less — 1 demerit point;
(b) if the maximum penalty for the offence is more than 10 penalty
units but less than 26 penalty units — 2 demerit points;
(c) if the maximum penalty for the offence is 26 penalty units or
more — 3 demerit points.
13.375 Classes of civil aviation authorisations
For the purposes of section 30DU of the Act, a civil aviation
authorisation mentioned in column 2 of an item in table 13.375
belongs to the class of civil aviation authorisation mentioned in
column 3 of the item.
Table 13.375 Classes of civil aviation authorisations
Column 1
Item
Column 2
Particular civil aviation
　
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