23. Emergency directives

Subject to subsection (2), the Director‑General of Civil Aviation may from time to time and in accordance with subsections (3), (4) and (5), make such emergency directives of general application as may be necessary to alleviate or minimise any risk of the death of, or a serious injury to, any person or of damage to any property.

The Director-General of Civil Aviation must not make any emergency directive of general application unless it is impracticable in the circumstances of the particular case for the Authority to make or amend any aviation safety subsidiary legislation to effectively alleviate or minimise the risk concerned.

Once such an emergency directive of general application is made, the Director‑General of Civil Aviation must cause to be published in the Gazette the emergency directive except that where for reasons of safety or security it is impracticable to notify the emergency directive in the Gazette, the Director‑General of Civil Aviation must notify any person or persons that he or she thinks appropriate or necessary in the circumstances.

Every emergency directive of general application comes into force immediately upon its being published in the Gazette or, where notified by service on any person under subsection (3), immediately upon service of the notification upon that person and in respect of that person only.

An emergency directive of general application made under this section may be in force for a period not exceeding 90 days unless earlier revoked under subsection (6), and may be renewed by the Director‑General of Civil Aviation once only for a further period not exceeding 30 days.

The Authority may, at any time when any emergency directive of general application made under subsection (1) is in force, revoke the emergency directive by publishing notice of that revocation in the Gazette.

So far as any emergency directive of general application is inconsistent with any aviation safety subsidiary legislation, the emergency directive prevails.[4I