Commonwealth Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 131.080

Conditions for issue of balloon transport AOC

  (1)   It is a condition for the issue to the applicant of a balloon transport AOC that CASA is satisfied of each of the following:

  (a)   the applicant's proposed exposition complies with regulation   131.195;

  (b)   the applicant can conduct balloon transport operations safely and in accordance with its 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 a balloon transport AOC; and

  (ii)   is, or proposes to be, the chief executive officer of the organisation established, or proposed to be established, by the applicant to conduct the applicant's proposed balloon transport operations;

  (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 a balloon 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 Division   131.B.4 for the position; and

  (iii)   has the additional qualifications and experience required by CASA under regulation   131.175 for the position (if any); and

  (iv)   has the qualifications and experience required by the applicant under subparagraph   131.195(1)(e)(i) for the position (if any);

  (f)   the applicant's arrangements for managing the continuing airworthiness of each class of Part   131 aircraft the applicant proposes to operate in its balloon transport operations comply with Part   4 of CAR.

Note:   These matters are in addition to the matters specified in section   28 (CASA must issue AOC if satisfied about certain matters) of the Act.

  (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   131.075(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;

  (f)   any other information:

  (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, 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 a balloon transport AOC; or

  (ii)   for a director or proposed director--be a director of a corporation that holds a balloon transport AOC.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback