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Civil Aviation Act 1990

Functions, powers, and duties of participants in the civil aviation system

23B: Delegation of Director's functions or powers to persons outside Authority

You could also call this:

“The Director can give some jobs to people outside the Authority, but there are rules about it”

The Director can give some of their jobs and powers to people who don’t work for the Authority. But there are some things the Director can’t give away, like taking away aviation documents, stopping them for a while, or giving out tickets for breaking rules.

The Director can also give these jobs to someone in Australia who works for CASA. This is to help with New Zealand air operator certificates that work in Australia.

When the Director gives away a job, it has to be written down. The Minister has to say it’s okay in writing before the Director can do this.

If you get a job from the Director, you can give that job to someone else if the Minister says it’s okay in writing first.

There are some rules about how this all works, like how to deal with conflicts of interest.

The Director can give a job to a specific person, or to anyone who has a certain job title.

When the Director gives someone a job, they say how long the person can do it for. The Director can also take the job away at any time.

If you’re doing a job for the Director and someone asks, you need to show them that you’re allowed to do it.

If you do a job for the Director, you can charge a fair price for doing it.

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23A: Delegation of Director's functions or powers to employees of Authority, or

"Director can share some tasks with Authority workers"

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23C: Restrictions on delegations, or

"Rules about who can give certain aviation jobs to other people"

Part 2 Functions, powers, and duties of participants in the civil aviation system

23BDelegation of Director's functions or powers to persons outside Authority

  1. Repealed

  2. Subject to this section, the Director may from time to time either generally or particularly delegate to any person who is not an employee of the Authority any of the Director's functions and powers under this Act, or under any regulations or rules made under this Act, other than—

  3. the power under section 18 to revoke aviation documents; or
    1. the power under section 41 to suspend or revoke aviation documents; or
      1. the power under section 58 to issue infringement notices.

        1. Any function or power that may be delegated under subsection (2) to a person in New Zealand who is not an employee of the Authority may be delegated under that subsection to an officer of CASA for the purpose of enabling that officer to perform the function or exercise the power in Australia in respect of New Zealand AOCs with ANZA privileges.

        2. Every delegation under this section shall be in writing.

        3. No delegation shall be made under this section without the written consent of the Minister.

        4. In any case where the Director has delegated any functions or powers to any person under this section, that person may, with the prior approval in writing of the Minister, delegate to any other person such of those functions or powers as are so approved.

        5. The provisions of sections 73(4) and 74 to 76 of the Crown Entities Act 2004 apply as if references to the board were references to the Director, with all necessary modifications.

        6. Any delegation under this section may be made to a specified person or persons of a specified class or to the holder or holders for the time being of a specified office or specified class of office.

        7. Every delegation under this section shall be given for a specified period but in any event shall be revocable at will.

        8. Repealed

        9. Repealed

        10. Every person purporting to act under any delegation under this section shall when reasonably requested to do so produce evidence of his or her authority to so act.

        11. Any person who exercises any function or power under a delegation made under this section or under section 73 of the Crown Entities Act 2004 may charge the person in respect of whom the function or power is exercised a reasonable fee in respect of the exercise of that function or power.

        Notes
        • Section 23B: inserted, on , by section 15 of the Civil Aviation Amendment Act 1992 (1992 No 75).
        • Section 23B heading: amended, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
        • Section 23B(1): repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
        • Section 23B(2A): inserted, on , by section 13 of the Civil Aviation Amendment Act 2004 (2004 No 8).
        • Section 23B(5): amended, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
        • Section 23B(6): substituted, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
        • Section 23B(9): repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
        • Section 23B(10): repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
        • Section 23B(12): amended, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
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