Commonwealth Consolidated Acts

CIVIL AVIATION ACT 1988 - SECT 28

  (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 safety rules; 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.

  (1A)   For the purposes of paragraph   (1)(a), if the AOC sought is an AOC authorising the operation of foreign registered aircraft into Australia, out of Australia, or both, or on regulated domestic flights, other than:

  (a)   an Australian AOC with ANZA privileges; or

  (b)   an Australian AOC with ANZA privileges authorising operations of an aircraft registered in New Zealand on regulated domestic flights;

CASA may have regard to the matters set out in section   28AA.

  (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 to be established, by the applicant to conduct or carry out the operations covered by the application.

"key personnel" means the people (however they are described) that hold, or carry out the duties of, the following positions in the applicant's organisation:

  (a)   the chief executive officer;

  (b)   the head of the flying operations part of the organisation;

  (c)   the head of the aircraft airworthiness and maintenance control part (if any) of the organisation;

  (d)   the head of the training and checking part (if any) of the organisation;

  (e)   any other position prescribed by the regulations.