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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 119.010

Definition of Australian air transport operation

             (1)  An operation is an Australian air transport operation if the operation is any of the following:

                     (a)  an air transport operation conducted by an Australian operator using a registered aeroplane or rotorcraft;

                     (b)  an air transport operation:

                              (i)  that is a flight into or out of Australian territory or an operation in Australian territory; and

                             (ii)  that is conducted by an Australian operator using an aeroplane or rotorcraft that is a foreign registered aircraft;

                     (c)  an air transport operation:

                              (i)  that is conducted by an Australian operator using an aeroplane or rotorcraft; and

                             (ii)  that is provided for under the ANZA mutual recognition agreements;

                     (d)  an air transport operation conducted by a foreign operator:

                              (i)  using an aeroplane or rotorcraft that is a foreign registered aircraft; and

                             (ii)  undertaken wholly within Australia; and

                            (iii)  not undertaken as part of a flight into or out of Australian territory;

                     (e)  an operation, conducted using an aeroplane or rotorcraft, of a kind prescribed by the Part 119 Manual of Standards for the purposes of this paragraph.

             (2)  However, each of the following is not an Australian air transport operation :

                     (a)  the operation of an aeroplane or rotorcraft under a permission under:

                              (i)  section 25 (non-scheduled flights by foreign registered aircraft) of the Act; or

                             (ii)  section 27A (permission for operation of foreign registered aircraft without AOC) of the Act;

                     (b)  an air transport operation authorised by a New Zealand AOC with ANZA privileges that is in force for Australia;

                     (c)  an operation of an aircraft to which Part 129 (foreign air transport operations) of these Regulations applies.

Note:          See Part 129 for provisions relating to foreign operators conducting flights into or out of Australian territory, or flights wholly within Australian territory that are conducted as part of flights into or out of Australian territory.



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