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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.085

AOC--conditions for issue

             (1)  It is a condition for the issue to the applicant of an AOC that authorises the applicant to conduct Part 142 activities that CASA is satisfied of each of the following:

                     (a)  the applicant's proposed exposition complies with regulation 142.340;

                     (b)  the applicant can conduct the activities safely and in accordance with its exposition and civil aviation legislation;

                     (c)  if the applicant is an individual--the applicant:

                              (i)  is a fit and proper person to be issued an AOC that authorises the conduct of the activities; and

                             (ii)  is, or proposes to be, the applicant's chief executive officer;

                     (d)  if the applicant is a corporation--each officer of the corporation is a fit and proper person to be an officer of a corporation that is issued an AOC that authorises the conduct of the activities;

                     (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 by Subpart 142.D for the position; and

                            (iii)  has the qualifications and experience required by the applicant under subparagraph 142.340(1)(e)(i) for the position (if any); and

                            (iv)  has the additional qualifications and experience required by CASA under regulation 142.215 for the position (if any).

Note:          These matters are in addition to the matters specified in section 28 of the Act.

             (2)  For 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 142.080(2)(g);

                     (d)  details of, and the 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:

                                        (A)  under the law of a foreign country; or

                                        (B)  by a multinational aviation authority;

                     (e)  the suitability of the applicant's corporate and organisational structures for the activities;

                      (f)  any other information:

                              (i)  accompanying the application; or

                             (ii)  in any other document submitted to CASA by the applicant for the application, including any document requested by CASA in relation to the application.

             (3)  For 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 evidence held by CASA that the person has contravened:

                              (i)  civil aviation legislation; or

                             (ii)  another law relating to transport (including aviation) safety, whether in Australia or a foreign country;

                     (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 relating to transport (including aviation) safety of any corporation in Australia or a foreign country in which the person:

                              (i)  is or was an officer 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 an officer, 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 any statutory authority established to regulate the share dealings or financial affairs of corporations;

                     (h)  any other matter relating to the fitness of the person to:

                              (i)  for an applicant--hold an AOC that authorises the conduct of the activities; or

                             (ii)  for an officer or proposed officer--be an officer of a corporation that holds an AOC that authorises the conduct of the activities.



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