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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 119.255

Dealings in relation to cancelled, suspended, varied, pending or refused civil aviation authorisations

Requirement for approval

  (1)   An Australian air transport operator contravenes this subregulation   if:

  (a)   the operator enters into an agreement with another person; and

  (b)   the operator does an act mentioned in subregulation   (2), (4), (6) or (8); and

  (c)   the operator does not hold an approval under regulation   119.025 to do the act.

Acts in relation to cancelled authorisations

  (2)   The acts are the following:

  (a)   to use, in an Australian air transport operation, an aeroplane or rotorcraft the operation of which was authorised by a cancelled authorisation held by the other person;

  (b)   to employ, in connection with an Australian air transport operation, a person who was, at the time of the cancellation of a cancelled authorisation held by the other person, employed in connection with an operation the conduct of which was authorised by the cancelled authorisation;

  (c)   to conduct an operation, or part of an operation, the conduct of which was authorised by a cancelled authorisation.

Acts in relation to suspended or varied authorisations

  (3)   Subregulation (4) applies in relation to a suspended or varied authorisation held by the other person.

  (4)   The acts are the following:

  (a)   to use, in an Australian air transport operation, an aeroplane or rotorcraft the operation of which:

  (i)   was, immediately before the suspension or variation, authorised by the authorisation; but

  (ii)   is no longer authorised by the authorisation as suspended or varied;

  (b)   to employ, in connection with an Australian air transport operation, a person who was, at the time of the suspension or variation, employed in connection with an operation the conduct of which:

  (i)   was, immediately before the suspension or variation, authorised by the authorisation; but

  (ii)   is no longer authorised by the authorisation as suspended or varied;

  (c)   to conduct an operation, or part of an operation, the conduct of which:

  (i)   was, immediately before the suspension or variation, authorised by the authorisation; but

  (ii)   is no longer authorised by the authorisation as suspended or varied.

Note:   See section   28BB (CASA may impose and vary AOC conditions) of the Act in relation to varying AOC conditions.

Pending applications for authorisations

  (5)   Subregulation (6) applies in relation to an application by the other person for a civil aviation authorisation that has not been finally determined by CASA.

  (6)   The acts are the following:

  (a)   to use, in an Australian air transport operation, an aeroplane or rotorcraft the operation of which would be authorised by the authorisation;

  (b)   to employ, in an Australian air transport operation, a person employed, or proposed to be employed, in connection with an operation the conduct of which would be authorised by the authorisation;

  (c)   to conduct an operation, or part of an operation, the conduct of which would be authorised by the authorisation.

Application for authorisation refused

  (7)   Subregulation (8) applies in relation to an application by the other person for a civil aviation authorisation that has been refused by CASA.

  (8)   The acts are the following:

  (a)   to use, in an Australian air transport operation, an aeroplane or rotorcraft the use of which would have been authorised by the authorisation;

  (b)   to employ, in an Australian air transport operation, a person employed, or proposed to be employed, in connection with an operation the conduct of which would have been authorised by the authorisation;

  (c)   to conduct an operation, or part of an operation, the conduct of which would have been authorised by the authorisation.

  (9)   A person commits an offence of strict liability if the person contravenes subregulation   (1).

Penalty:   50 penalty units.

  (10)   In this regulation:

"cancelled authorisation" means a civil aviation authorisation that has been cancelled otherwise than on the application or request of the holder of the authorisation.

"employ" includes engage, whether by contract or other arrangement.

"suspended authorisation" means a civil aviation authorisation that has been suspended otherwise than on the application or request of the holder of the authorisation.

"varied authorisation" means a civil aviation authorisation that has been varied otherwise than on the application or request of the holder of the authorisation.


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