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paragraph 28A (1) (a) that is necessary to permit the issue of an AOC
authorising that operation;
the person may apply for a permission for the aircraft to be so operated.
(2) CASA may only grant the permission if it is satisfied that to do so will
not adversely affect the safety of air navigation.
(3) The permission may only be granted for a period of not more than 7 days
specified in the permission starting on a day specified in the permission.
(4) A permission has effect subject to any conditions relating to the
operation, maintenance and airworthiness of the aircraft covered by the
permission:
(a) that CASA considers necessary in the interests of the safety of air
navigation; and
(b) that are specified by CASA in the permission.
(5) CASA may, at any time, by written notice given to the holder of the
permission, vary the conditions or impose further conditions if CASA
considers it necessary to do so in the interests of the safety of air
navigation.
(6) If CASA becomes satisfied that it is necessary to do so in the interests of
the safety of air navigation, it may, by oral or written notice given to the
holder of a permission given under this section, cancel the permission.
Italicised
definition
commences at
the same time as
provision(s)
covered by
section 26A table
item 2 (Act No.
102/2006).
30 Civil Aviation Act 1988
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
Subdivision D — Issue of AOCs
28 CASA must issue AOC if satisfied about certain matters
(1) If a person applies to CASA for an AOC, CASA must issue the AOC if,
and only if:
(a) CASA is satisfied that the applicant has complied with, or is capable
of complying with, the provisions of this Act, the regulations and the
Civil Aviation Orders, that relate to safety, including provisions
about the competence of persons to do anything that would be
covered by the AOC; and
(b) CASA is satisfied about the following matters in relation to the
applicant’s organisation:
(i) the organisation is suitable to ensure that the AOC operations
can be conducted or carried out safely, having regard to the
nature of the AOC operations;
(ii) the organisation’s chain of command is appropriate to ensure
that the AOC operations can be conducted or carried out safely;
(iii) the organisation has a sufficient number of suitably qualified
and competent employees to conduct or carry out the AOC
operations safely;
(iv) key personnel in the organisation have appropriate experience
in air operations to conduct or to carry out the AOC operations
safely;
(v) the facilities of the organisation are sufficient to enable the
AOC operations to be conducted or carried out safely;
(vi) the organisation has suitable procedures and practices to
control the organisation and ensure that the AOC operations
can be conducted or carried out safely;
(vii) if CASA requires particulars of licences held by flight crew
members of the organisation — the authorisations conferred by
the licences are appropriate, having regard to the nature of the
AOC operations; and
(c) if the AOC sought is:
(i) an AOC (other than an Australian AOC with ANZA privileges)
authorising the operation of a foreign registered aircraft on
regulated domestic flights; or
(ii) an Australian AOC with ANZA privileges authorising the
operation of a foreign registered aircraft, other than an
aircraft registered in New Zealand, on regulated domestic
flights;
CASA is also satisfied that the additional conditions in section 28A
are satisfied; and
(d) CASA is satisfied that the person does not hold a New Zealand AOC
with ANZA privileges that covers all or any of the AOC operations;
and
(e) if the AOC sought is an Australian AOC with ANZA privileges—the
additional conditions in section 28B are satisfied.
Paragraphs
28 (1) (c), (d) and
(e) commence at
the same time as
provision(s)
covered by
section 26A table
item 2 (Act No.
102/2006).
Civil Aviation Act 1988 31
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
(2) The financial position of the applicant is one of the matters that CASA
may take into account in forming a view for the purposes of paragraph
(1) (a).
(3) In this section:
AOC operations means the operations covered by the application.
applicant’s organisation means the organisation established, or proposed
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