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provision(s)
covered by
section 26A table
item 2 (Act No.
102/2006).
Civil Aviation Act 1988 33
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
(c) that CASA is satisfied that the applicant has complied, or is capable
of complying, with the provisions of the Civil Aviation Act 1990 of
New Zealand, and the regulations and rules made under that Act,
that will apply to the applicant in relation to the ANZA activities in
New Zealand that the AOC will authorise; and
(d) that CASA is satisfied that it will be able to effectively regulate all
the operations covered by the application, having regard to the
following matters:
(i) whether the applicant’s supervision of systems that affect the
safety of the operations will be principally undertaken from or
within Australian territory; and
(ii) whether the applicant’s training and supervision of employees
involved in those systems will be undertaken principally from
or within Australian territory; and
(iii) whether the majority of the resources used in those systems
that are required for the operations will be situated within
Australian territory; and
(iv) whether the persons who will control the operations will spend
the majority of their time in Australian territory; and
(e) any applicable additional conditions set out in regulations.
(2) CASA must consult the Director of CAA New Zealand about whether the
conditions referred to in subsection (1) (other than paragraph (1) (b)) are
satisfied.
Subdivision E — Conditions of AOC
28BA General conditions
(1) An AOC has effect subject to the following conditions:
(a) the condition that sections 28BD, 28BE, 28BF, 28BG, 28BH and
28BI are complied with;
(aa) the conditions subject to which the AOC has effect because of
section 28BAA;
(b) any conditions specified in the regulations or Civil Aviation Orders;
(c) any conditions imposed by CASA under section 28BB.
(2) If a condition of an AOC referred to in paragraph (1) (a) or (aa) is
breached, the AOC continues despite the breach, to authorise flights or
operations to which the condition relates.
(2A) If a condition of an AOC referred to in paragraph (1) (b) or (1) (c) is
breached, the AOC does not authorise any flight or operation to which
the conditions relate while the breach continues.
(3) If a condition of an AOC is breached, CASA may, by written notice
given to its holder, suspend or cancel:
(a) the AOC; or
(b) any specified authorisation contained in the AOC;
whether or not the breach is continuing.
Italicised word in
paragraph 28BA (1) (aa)
commences on the later
of:
(a) immediately after
commencement of
provision(s) covered
by section 26A table
item 2; and
(b) immediately after
commencement of
item 10
of Schedule 2 to Civil
Aviation Amendment
Act 2005.
However, provision(s) do
not commence at all if the
event mentioned in
paragraph (b) does not
occur (Act No. 102/2006).
34 Civil Aviation Act 1988
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
(4) Before making a decision under subsection (3), CASA must:
(a) give the holder of the AOC a notice setting out the reasons why
CASA is considering making the decision; and
(b) allow the holder of the AOC to show cause, within such reasonable
time as CASA specifies in the notice, why CASA should not make
the decision.
(5) If CASA makes a decision under subsection (3), the notice of its decision
must include a summary of section 31A. However, a failure to include
such a summary does not affect the validity of the notice.
28BAA Certain conditions for grant of AOC also have effect as ongoing
conditions on the AOC
(1) An AOC has effect subject to the condition that CASA remains satisfied
as mentioned in paragraphs 28 (1) (a) and (b) in relation to the operations
that are covered by the AOC.
(2) If the AOC is an Australian AOC with ANZA privileges, the AOC also
has effect subject to the conditions that:
(a) CASA remains satisfied as mentioned in paragraphs 28B(1) (a), (c)
and (d) in relation to the ANZA activities in New Zealand that the
AOC authorises; and
(b) the Secretary of the Department does not advise CASA that, having
regard to the ANZA mutual recognition agreements, the holder of the
AOC is no longer eligible to hold an Australian AOC with ANZA
privileges.
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