Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For the purposes of paragraph 28BA(1)(b) of the Act, each of the following is a condition of an Australian air transport AOC issued to an operator:
(a) the operator must comply with each direction given to the operator, or obligation imposed on the operator, by CASA under a provision of these Regulations;
(b) each of the operator's key personnel must comply with:
(i) each provision of this Part that applies to the person; and
(ii) each direction given to the person, or obligation imposed on the person, by CASA under a provision of these Regulations; and
(iii) each other provision of the civil aviation legislation that applies to the operator's operations under the AOC;
(c) each of the positions of the operator's key personnel must be filled;
(d) each of the operator's personnel must comply with each provision of the civil aviation legislation that applies to the operator's operations under the AOC;
(e) if the operator is an individual--the individual must be the operator's chief executive officer;
(f) the positions of chief executive officer and safety manager may be occupied by the same person only:
(i) in an unforeseen circumstance; and
(ii) for the period mentioned in subregulation (2);
(g) the positions of head of flying operations and safety manager may be occupied by the same person:
(i) if there is an unforeseen circumstance--for the period mentioned in subregulation (2); or
(ii) if the operator holds an approval under regulation 119.025 for the positions to be occupied by the same person--for the period specified in the approval;
(h) for each registered aeroplane or rotorcraft operated by the operator under the AOC, the operator must:
(i) be the registered operator of the aeroplane or rotorcraft; or
(ii) hold an approval under regulation 119.025 for the aeroplane or rotorcraft.
Note 1: These matters are in addition to the matters specified in section 28BA (general conditions) and subsection 28BAA(1) (certain conditions for grant of AOC also have effect as ongoing conditions on the AOC) of the Act.
Note 2: For Australian air transport AOCs with ANZA privileges, these matters are also in addition to the matters specified in subsection 28BAA(2) (certain conditions for grant of AOC also have effect as ongoing conditions on the AOC) of the Act and subregulation (3) of this regulation.
(2) For the purposes of subparagraphs (1)(f)(ii) and (g)(i), the period is:
(a) no more than 7 consecutive days for each unforeseen circumstance; or
(b) if the operator holds an approval under regulation 119.025 in relation to an unforeseen circumstance--the period mentioned in the approval for the unforeseen circumstance.
Additional conditions--Australian air transport AOC with ANZA privileges
(3) For the purposes of paragraph 28BA(1)(b) of the Act, it is also a condition of an Australian air transport AOC with ANZA privileges that each aeroplane operated by the AOC holder under the AOC for ANZA activities in New Zealand must comply 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.
Subpart 119.C -- Changes relating to Australian air transport operators