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28BB CASA may impose and vary AOC conditions
(1) CASA may:
(a) at the time of issuing an AOC, impose conditions by specifying them
in the AOC; and
(b) at any time after the issue of an AOC, give a written notice to the
holder of the AOC, imposing conditions, or further conditions, on
the AOC.
(2) CASA may at any time give a written notice to the holder of an AOC,
varying any of the conditions of the AOC that were imposed by CASA. A
variation may be made:
(a) on the application of the holder of an AOC; or
(b) on CASA’s own initiative.
(3) An application for variation must:
(a) be in writing; and
(b) set out the variation sought and the reasons why it is sought.
(4) Section 27AD applies to an application under this section in the same
way that section 27AD applies to an application for an AOC.
Amendment commences
as below.
Subsection 28BAA (2) 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).
Civil Aviation Act 1988 35
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
28BC Limits on CASA’s powers in relation to suspension, and AOC
conditions
(1) CASA must not:
(a) impose or vary a condition of an AOC that:
(i) is not a mixed authority AOC; and
(ii) authorises the operation of a foreign registered aircraft on
regulated domestic flights; or
(b) impose or vary a condition relating to the authorisation of the
operation of a foreign registered aircraft on regulated domestic
flights that is contained in a mixed authority AOC;
except to ensure that the aircraft’s operation, maintenance and
airworthiness are of a standard that CASA considers necessary in the
interests of the safety of air navigation.
(1A) CASA must not suspend or cancel an AOC of the kind to which
paragraph (1) (a) applies or an authorisation of the kind to which
paragraph (1) (b) applies except:
(a) to ensure that the aircraft’s operation, maintenance and airworthiness
are of a standard that CASA considers necessary in the interests of
the safety of air navigation; or
(b) as provided by subsection (1B).
(1B) Subject to subsection (1C), CASA may suspend or cancel an AOC of the
kind to which paragraph (1) (a) applies or an authorisation to which
paragraph (1) (b) applies if the condition of the AOC or the condition
relating to the authorisation, as the case may be, that section 28BI is
complied with has been breached.
(1C) To the extent that an AOC, or an authorisation contained in a mixed
authority AOC, authorises carriage by air that is not covered by Part II, III
or IV of the Civil Aviation (Carriers’ Liability) Act 1959, CASA does not
have power to suspend or cancel the AOC or authorisation because of a
breach of the condition that section 28BI is complied with unless the
holder of the AOC is:
(a) a trading corporation formed within the limits of the Commonwealth
(within the meaning of paragraph 51 (xx) of the Constitution); or
(b) a foreign corporation within the meaning of that paragraph; or
(c) a corporation formed in a Territory.
(2) CASA must not:
(a) impose or vary a condition of an AOC that does not authorise the
operation of a foreign registered aircraft on regulated domestic
flights; or
(b) impose or vary a condition of a mixed authority AOC relating to any
authorisation of an operation (other than the operation of a foreign
registered aircraft on regulated domestic flights) that is contained in a
mixed authority AOC;
except to ensure compliance with the provisions of this Act, the
regulations and Civil Aviation Orders, relating to safety.
36 Civil Aviation Act 1988
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
(2A) CASA must not suspend or cancel an AOC of the kind to which
paragraph (2) (a) applies or an authorisation of the kind to which
paragraph (2) (b) applies except:
(a) to ensure compliance with the provisions of this Act, the regulations,
and the Civil Aviation Orders, relating to safety; or
(b) as provided by subsection (2B).
(2B) Subject to subsection (2C), CASA may suspend or cancel an AOC of the
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