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kind to which paragraph (2) (a) applies or an authorisation to which
paragraph (2) (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.
(2C) 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.
(3) The financial position of the holder of the AOC is one of the matters that
CASA may take into account in forming a view for the purposes of
subsection (1), paragraph (1A) (a), subsection (2) and paragraph (2A) (a).
(4) In this section:
mixed authority AOC means an AOC authorising:
(a) the operation of a foreign registered aircraft on regulated domestic
flights; and
(b) other operations.
28BD Compliance with civil aviation law
(1) The holder of an AOC must comply with all requirements of this Act, the
regulations and the Civil Aviation Orders that apply to the holder.
(2) The holder of an Australian AOC with ANZA privileges must comply with
all requirements of the Civil Aviation Act 1990 of New Zealand, and of
the regulations and rules under that Act, that apply to the holder in
relation to the ANZA activities in New Zealand authorised by the AOC.
28BE Duty to exercise care and diligence
(1) The holder of an AOC must at all times take all reasonable steps to
ensure that every activity covered by the AOC, and everything done in
connection with such an activity, is done with a reasonable degree of care
and diligence.
(2) If the holder is a body having legal personality, each of its directors must
also take the steps specified in subsection (1).
Amendment commences
as below.
Subsection 28BD (2)
commences at the
same time as provision(
s) covered by
section 26A table
item 2 (Act No.
102/2006).
Civil Aviation Act 1988 37
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
(3) It is evidence of a failure by a body and its directors to comply with this
section if an act covered by this section is done without a reasonable
degree of care and diligence mainly because of:
(a) inadequate corporate management, control or supervision of the
conduct of any of the body’s directors, servants or agents; or
(b) failure to provide adequate systems for communicating relevant
information to relevant people in the body.
(4) No action lies, for damages or compensation, in respect of contravention
of this section.
(5) This section does not affect any duty imposed by, or under, any other law
of the Commonwealth, or of a State or Territory, or under the common
law.
28BF Organisation, personnel etc.
(1) The holder of an AOC must at all times maintain an appropriate
organisation, with a sufficient number of appropriately qualified
personnel and a sound and effective management structure, having regard
to the nature of the operations covered by the AOC.
(2) The holder must establish and maintain any supervisory positions in the
organisation, or in any training and checking organisation established as
part of it, that CASA directs, having regard to the nature of the operations
covered by the AOC.
28BG Operations headquarters and suitable buildings
The holder of an AOC must at all times maintain:
(a) an operations headquarters, through which CASA can communicate
with any person responsible for any part of the operations covered by
the AOC; and
(b) suitable buildings, having regard to the nature of those operations, at
each aerodrome where members of the holder’s operating crews are
based.
28BH Reference library
(1) The holder of an AOC must maintain a reference library within the
organisation, the contents of which must be readily available to all
members of the holder’s operating crews.
(2) The contents of the reference library must include:
(a) all operational documents and material; and
(b) all material required by the regulations or Civil Aviation Orders.
(3) The holder must keep the contents of the reference library up-to-date and
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