(1) This regulation applies in relation to an operator who is the holder of an AOC (the old AOC ) if:
(a) the old AOC authorises the operator to conduct an operation or activity of the kind mentioned in column 1 of an item in the table in subregulation (2); and
(i) is in force immediately before the main commencement time and continues in force (including as a result of the operation of a provision of this Division) immediately after that time; or
(ii) is issued after the main commencement time as a result of the operation of a provision of this Division.
Old AOCs taken to authorise operations etc.
(2) The following table has effect.
Effect of old AOCs | ||
Item | Column 1 | Column 2 |
| If the old AOC authorises an operation of the following kind ... | then, from the later of: (a) the main commencement time; or (b) the time when the operator gives CASA the compliance material for the operator mentioned in column 2 of the table in subregulation 202.413A(1) ... |
1 | a regular public transport operation | the old AOC is taken to authorise: (a) a scheduled air transport operation; and (b) a non - scheduled air transport operation. |
2 | a charter operation, other than an a charter operation in: (a) a manned free balloon; or (b) a hot air airship | the old AOC is taken to authorise a non - scheduled air transport operation. |
3 | a charter operation in: (a) a manned free balloon; or (b) a hot air airship | the old AOC is taken to authorise a balloon transport operation. |
4 | an aerial work (air ambulance) operation | the old AOC is taken to authorise a medical transport operation. |
5 | an aerial work operation (the relevant aerial work operation ), other than: (a) an aerial application operation; or (b) an aerial work (air ambulance) operation; or (c) an aerial work operation in a manned free balloon or a hot air airship | an aerial work certificate is taken to have been issued to the operator under regulation 138.040 authorising the relevant aerial work operation. |
6 | (a) in a manned free balloon; or (b) in a hot air airship; other than commercial balloon flying training | an approval is taken to have been issued to the operator under regulation 131.035 to conduct a specialised balloon operation. |
Terms and conditions of AOCs authorising new operations--scheduled and non - scheduled air transport operations
(3) If column 1 of item 1, 2, or 4 in the table applies in relation to an old AOC, then:
(a) the holder of the old AOC is authorised to conduct the operation mentioned in column 2 of the item, subject to:
(i) the conditions in regulation 119.080; and
(ii) any conditions of the old AOC; and
(b) regulations 119.070 (conditions for issue) and 119.075 (approval of exposition) do not apply in relation to the holder of the AOC.
Terms and conditions of AOCs authorising new operations--balloon transport operations
(4) If column 1 of item 3 in the table applies in relation to an old AOC, then:
(a) the holder of the old AOC is authorised to conduct the operation mentioned in column 2 of the item, subject to:
(i) the conditions in regulation 131.090; and
(ii) any conditions of the old AOC; and
(b) regulations 131.080 (conditions for issue) and 131.085 (approval of exposition) do not apply in relation to the holder of the AOC.
Terms and conditions of aerial work certificates
(5) If column 1 of item 5 in the table applies in relation to an old AOC, then:
(a) the aerial work certificate mentioned in column 2 of the item is subject to:
(i) the conditions in regulation 138.050; and
(ii) any conditions of the old AOC; and
(b) subregulation 138.040(1) (conditions for issue) and regulation 138.045 (approval of manuals) do not apply in relation to the holder of the aerial work certificate; and
(c) the aerial work certificate ceases to be in force on the day the old AOC expires.
Terms and conditions of approvals--specialised balloon operations
(6) If column 1 of item 6 in the table applies in relation to an old AOC, then:
(a) for the purposes of regulation 11.056, the approval mentioned in column 2 of the item is taken to have been granted on the condition that any terms or conditions of the old AOC are complied with; and
(b) subregulation 11.056(2) does not apply in relation to the approval; and
(c) the approval ceases to be in force on the day the old AOC expires.
(7) If an old AOC has been suspended and the suspension is in force immediately before the main commencement time, then:
(a) disregard the suspension for the purposes of subparagraph (1)(b)(i); and
(b) if, as a result of subregulation (2), the old AOC is taken to authorise an operation--the suspension continues in force in relation to the old AOC and applies in relation to that operation; and
(c) if, as a result of subregulation (2), an authorisation is taken to be issued, then:
(i) the authorisation is taken to be suspended; and
(ii) the period of suspension for the authorisation is the same
as for the old AOC.