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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 131.235

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

Requirement for approval

             (1)  A balloon 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 131.035 to do the act.

Acts in relation to cancelled authorisations

             (2)  For the purposes of paragraph (1)(b), the acts are the following:

                     (a)  to use, in a balloon transport operation, a Part 131 aircraft the operation of which was authorised by a cancelled authorisation;

                     (b)  to employ a person, in connection with a balloon transport operation, who was, at the time of the cancellation of a cancelled authorisation, employed in connection with an operation that was authorised by the cancelled authorisation;

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

Acts in relation to suspended or varied authorisations

             (3)  Subregulation (4) applies in relation to an authorisation that has been suspended or varied other than on the application or request of the holder of the authorisation.

             (4)  For the purposes of paragraph (1)(b), the acts are the following:

                     (a)  to use, in a balloon transport operation, a Part 131 aircraft 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 a person, in connection with a balloon transport operation, who was, at the time of the suspension or variation, employed in connection with an operation that:

                              (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, that:

                              (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 for a civil aviation authorisation that has not been finally determined by CASA.

             (6)  For the purposes of paragraph (1)(b), the acts are the following:

                     (a)  to use, in a balloon transport operation, a Part 131 aircraft the operation of which would be authorised by the authorisation;

                     (b)  to employ, in a balloon transport operation, a person employed, or proposed to be employed, in connection with an operation that would be authorised by the authorisation;

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

Application for authorisation refused

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

             (8)  For the purposes of paragraph (1)(b), the acts are the following:

                     (a)  to use, in a balloon transport operation, a Part 131 aircraft the use of which would have been authorised by the authorisation;

                     (b)  to employ, in a balloon transport operation, a person employed, or proposed to be employed, in connection with an operation that would have been authorised by the authorisation;

                     (c)  to conduct an operation, or part of an operation, that 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.



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