Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) It is a condition for the issue to the applicant of an Australian air transport AOC that CASA is satisfied of each of the following:
(a) the applicant's proposed exposition complies with regulation 119.205;
(b) the applicant can conduct Australian air transport operations safely and in accordance with the applicant's exposition and the civil aviation legislation;
(c) if the applicant is an individual--the applicant:
(i) is a fit and proper person to be issued an Australian air transport AOC; and
(ii) is, or proposes to be, the applicant's chief executive officer;
(d) if the applicant is a corporation--each director of the corporation is a fit and proper person to be a director of a corporation that is issued an Australian air transport AOC;
(e) each of the applicant's proposed key personnel:
(i) is a fit and proper person to be appointed to the position; and
(ii) has the qualifications and experience required under Subpart 119.D for the position; and
(iii) has the additional qualifications and experience required by CASA under regulation 119.165 for the position (if any); and
(iv) has the qualifications and experience required by the applicant under subparagraph 119.205(1)(e)(i) for the position (if any);
(f) the applicant's arrangements for managing the continuing airworthiness of each type and model of aeroplane or rotorcraft the applicant proposes to operate in the applicant's Australian air transport operations comply with these Regulations.
Note 1: These matters are in addition to the matters specified in section 28 (CASA must issue AOC if satisfied about certain matters) of the Act.
Note 2: For Australian air transport AOCs with ANZA privileges, these matters are also in addition to the matters specified in section 28B (Additional conditions for issue of an Australian AOC with ANZA privileges) of the Act and subregulation (4) of this regulation.
(2) For the purposes of paragraph (1)(b), without limiting the matters that CASA may consider, CASA must consider the following:
(a) the applicant's proposed exposition;
(b) whether the applicant can comply with the proposed exposition;
(c) the content of the undertaking mentioned in paragraph 119.065(2)(h);
(d) details of, and reasons for, any suspension or cancellation of:
(i) a civil aviation authorisation issued to the applicant; or
(ii) an equivalent authorisation issued to the applicant under the law of a foreign country or by a multinational aviation authority;
(e) the suitability of the applicant's corporate and organisational structures for the operations;
(i) accompanying the application; or
(ii) in any other document given to CASA by the applicant for the application, including any document requested by CASA in relation to the application.
(3) For the purposes of paragraphs (1)(c) to (e), the matters CASA may consider in deciding whether a person is a fit and proper person include the following:
(a) the person's criminal record (if any), whether in Australia or a foreign country;
(b) the person's bankruptcy (if any), whether in Australia or a foreign country;
(c) the person's history (if any) of serious behavioural problems;
(d) any information held or obtained by CASA that the person has contravened:
(i) the civil aviation legislation; or
(ii) another law, whether in Australia or a foreign country, relating to transport (including aviation) safety or safety in any other safety - critical industry;
(e) the person's demonstrated attitude towards compliance with regulatory requirements, in Australia or a foreign country, relating to transport (including aviation) safety;
(f) the record of compliance with regulatory requirements, in Australia or a foreign country, relating to transport (including aviation) safety of any corporation or other body in which the person:
(i) is or was a director or partner (however described); or
(ii) holds or held a position equivalent to any of the applicant's key personnel ;
(g) for any corporation in which the person is or was a director, or holds or held a position equivalent to any of the applicant's key personnel , in Australia or a foreign country--the following records:
(i) the corporation's criminal record (if any);
(ii) the corporation's record of insolvency, bankruptcy, receivership or winding up (if any);
(iii) the corporation's record (if any) as a body subject to investigation or comment by a statutory authority that regulates the share dealings by, or financial affairs of, corporations;
(h) any other matter relating to the fitness of the person to:
(i) for an applicant--hold an Australian air transport AOC; or
(ii) for a director or proposed director--be a director of a corporation that holds an Australian air transport AOC.
Additional conditions--Australian air transport AOC with ANZA privileges
(4) For the purposes of paragraph 28B(1)(e) of the Act, it is also a condition for the issue of an Australian air transport AOC with ANZA privileges that CASA must be satisfied that each aeroplane the applicant proposes to operate under the AOC for ANZA activities in New Zealand complies with the following requirements:
(a) the aeroplane either:
(i) has a maximum take - off weight of more than 15,000 kg; or
(ii) is permitted by its type certificate or foreign type certificate to have a passenger seating capacity of more than 30 seats;
(b) the aeroplane is registered in Australia or New Zealand.