100 Regulations

(1)

The Governor-General may, from time to time, by Order in Council, make regulations for all or any of the following purposes:

(a)

prescribing, or providing for the fixing of, fees and charges payable under this Act:

(b)

prescribing those breaches of rules made under this Act that constitute offences against this Act:

(ba)

prescribing those breaches of regulations made under paragraph (ee) that constitute offences under this Act:

(c)

prescribing those breaches of rules made under this Act that constitute infringement offences against this Act:

(ca)

prescribing those breaches of regulations made under paragraph (ee) that constitute infringement offences against this Act:

(d)

prescribing the penalty for each offence prescribed under paragraph (b), which,—

(i)

in the case of an individual, shall be a fine not exceeding $10,000; or

(ii)

in the case of a body corporate, shall be a fine not exceeding $50,000:

(e)

prescribing the infringement fee for each offence prescribed under paragraph (c), which,—

(i)

in the case of an individual, shall not exceed $2,000; or

(ii)

in the case of a body corporate, shall not exceed $12,000:

(ea)

prescribing the matters in respect of which fees or charges are to be payable under Part 8A, the amount of the fees or charges, and the persons liable to pay them:

(eb)

providing for the refund or waiver of any fee or charge payable under Part 8A, in whole or in part, in any specified case or class of cases:

(ec)

prescribing the information and documents that may be required to be supplied by applicants for scheduled international air services licences under Part 8A, and the time within which such information or documents must be supplied:

(ed)

specifying, for the purposes of Part 1A, the agreements or arrangements between the Governments of Australia and New Zealand regarding mutual recognition of aviation-related certification:

(ee)

assisting aviation security, including (but not limited to)—

(i)

the specification and application of security controls for—

(A)

screening:

(B)

searching:

(C)

seizing items and substances:

(ii)

any matter for which—

(A)

rules may be made under section 28, 29, 29A, or 30:

(B)

directions may be made under section 77A:

(iii)

the revocation, substitution, or amendment of any—

(A)

rule made under section 28, 29, 29A, or 30; or

(B)

direction made under section 77A:

(f)

such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.

(2)

Any regulations made under this Act may be so made that different regulations shall apply with respect to different classes of persons, aerodromes, aircraft, aeronautical products, aviation related services, or aeronautical procedures, or with respect to the same class of person, aerodrome, aircraft, aeronautical product, aviation related service, or aeronautical procedure in different circumstances.

(3)

To the extent that a rule made under section 28, 29, 29A, or 30 or a direction made under section 77A is inconsistent with a regulation made under subsection (1)(ee), the rule or direction is subject to the regulation.

(4)

No regulation made under subsection (1)(ee) may be considered invalid because it confers any discretion upon or allows any matter to be determined or approved by the Authority or the Director or any other person, or allows the Authority or the Director or any other person to impose requirements as to the performance of any activities.

(5)

So far as the bylaws of any local authority are inconsistent with or repugnant to any regulation made under subsection (1)(ee) in force in the same locality, the bylaws must be construed subject to the regulations made under subsection (1)(ee).

Compare: 1964 No 68 s 29(2)

Section 100(1)(ba): inserted, on 26 September 2007, by section 17(1) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 100(1)(ca): inserted, on 26 September 2007, by section 17(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 100(1)(d): amended, on 28 November 1991, by section 6(a) of the Civil Aviation Amendment Act 1991 (1991 No 116).

Section 100(1)(d)(i): amended, on 1 June 2004, by section 39(1)(a) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 100(1)(d)(ii): amended, on 1 June 2004, by section 39(1)(b) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 100(1)(d)(ii): amended, on 10 August 1992, by section 41 of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 100(1)(e): amended, on 28 November 1991, by section 6(b) of the Civil Aviation Amendment Act 1991 (1991 No 116).

Section 100(1)(e)(ii): amended, on 10 August 1992, by section 41 of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 100(1)(ea): inserted, on 13 August 1996, by section 32 of the Civil Aviation Amendment Act 1996 (1996 No 91).

Section 100(1)(eb): inserted, on 13 August 1996, by section 32 of the Civil Aviation Amendment Act 1996 (1996 No 91).

Section 100(1)(ec): inserted, on 13 August 1996, by section 32 of the Civil Aviation Amendment Act 1996 (1996 No 91).

Section 100(1)(ed): inserted, on 1 June 2004, by section 39(2) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 100(1)(ee): inserted, on 26 September 2007, by section 17(3) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 100(3): added, on 26 September 2007, by section 17(4) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 100(4): added, on 26 September 2007, by section 17(4) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 100(5): added, on 26 September 2007, by section 17(4) of the Civil Aviation Amendment Act 2007 (2007 No 89).