" Subdivision D—Issue of AOCs "
77 " Subdivision D—Issue of AOCs "
Section 28:
Repeal the section, substitute:
CASA must issue AOC if satisfied about certain matters
"28.(1) If a person applies to CASA for an AOC, CASA must issue the AOC if, and only if:
CASA is satisfied that the applicant has complied with, or is capable of complying with, the provisions of this Act, the regulations and the Civil Aviation Orders, that relate to safety, including provisions about the competence of persons to do anything that would be covered by the AOC; and
SCHEDULE 1—continued
CASA is satisfied about the following matters in relation to the applicant's organisation:
the organisation is suitable to ensure that the AOC operations can be conducted or carried out safely, having regard to the nature of the AOC operations;
the organisation's chain of command is appropriate to ensure that the AOC operations can be conducted or carried out safely;
the organisation has a sufficient number of suitably qualified and competent employees to conduct or carry out the AOC operations safely;
key personnel in the organisation have appropriate experience in air operations to conduct or to carry out the AOC operations safely;
the facilities of the organisation are sufficient to enable the AOC operations to be conducted or carried out safely;
the organisation has suitable procedures and practices to control the organisation and ensure that the AOC operations can be conducted or carried out safely;
if CASA requires particulars of licences held by flight crew members of the organisation—the authorisations conferred by the licences are appropriate, having regard to the nature of the AOC operations; and
if the AOC sought would authorise the operation of a foreign registered aircraft on domestic commercial flights—CASA is also satisfied that the additional conditions in subsection 27AE(1) have been met.
"(2) The financial position of the applicant is one of the matters that CASA may take into account in forming a view for the purposes of paragraph (1)(a).
"(3) In this section:
'AOC operations' means the operations covered by the application;
'applicant's organisation' means the organisation established, or proposed to be established, by the applicant to conduct or carry out the operations covered by the application;
'key personnel' means the people (however they are described) that hold, or carry out the duties of, the following positions in the applicant's organisation:
SCHEDULE 1—continued
the chief executive officer;
the head of the flying operations part of the organisation;
the head of the aircraft maintenance part (if any) of the organisation;
the head of the training and checking part (if any) of the organisation.".
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