Note: The heading to section 2SA is altered by omitting " Air Operator's Certificates " and substituting " AOC "
84 Note: The heading to section 2SA is altered by omitting " Air Operator's Certificates " and substituting " AOC "
After section 28A:
Insert:
"Subdivision E—Conditions of AOC
General conditions
"28BA.(1) An AOC has effect subject to the following conditions:
the condition that sections 28BD, 28BE, 28BF, 28BG and 28BH are complied with;
any conditions specified in the regulations or Civil Aviation Orders;
any conditions imposed by CASA under section 28BB.
"(2) If a condition of an AOC is breached, the AOC does not authorise any flight or operation to which the condition relates while the breach continues. This subsection does not apply to the condition specified in paragraph (1)(a).
"(3) If a condition of an AOC is breached, CASA may, by written notice given to its holder, suspend or cancel:
SCHEDULE 1—continued
the AOC; or
any specified authorisation contained in the AOC;
whether or not the breach is continuing.
CASA may impose and vary AOC conditions
"28BB.(1) CASA may:
at the time of issuing an AOC, impose conditions by specifying them in the AOC; and
at any time after the issue of an AOC, give a written notice to the holder of the AOC, imposing conditions, or further conditions, on the AOC.
"(2) CASA may at any time give a written notice to the holder of an AOC, varying any of the conditions of the AOC that were imposed by CASA. A variation may be made:
on the application of the holder of an AOC; or
on CASA's own initiative.
"(3) An application for variation must:
be in writing; and
set out the variation sought and the reasons why it is sought.
"(4) Section 27AD applies to an application under this section in the same way that section 27AD applies to an application for an AOC.
Limits on CASA's power to impose or vary AOC conditions
"28BC.(1) CASA must not:
impose or vary a condition of an AOC that:
is not a mixed authority AOC; and
authorises the operation of a foreign registered aircraft on domestic commercial flights; or
impose or vary a condition relating to the authorisation of the operation of a foreign registered aircraft on domestic commercial flights that is contained in a mixed authority AOC; or
suspend or cancel an AOC of the kind to which paragraph (a) applies or an authorisation of the kind to which paragraph (b) applies;
except to ensure that the aircraft's operation, maintenance and airworthiness are of a standard that CASA considers necessary in the interests of the safety of air navigation.
"(2) CASA must not:
impose or vary a condition of an AOC that does not authorise the operation of a foreign registered aircraft on domestic commercial flights; or
SCHEDULE 1—continued
impose or vary a condition of a mixed authority AOC relating to any authorisation of an operation (other than the operation of a foreign registered aircraft on domestic commercial flights) that is contained in a mixed authority AOC; or
suspend or cancel an AOC of the kind to which paragraph (a) applies or an authorisation of the kind to which paragraph (b) applies;
except to ensure compliance with the provisions of this Act, the regulations and the Civil Aviation Orders, relating to safety.
"(3) The financial position of the holder of the AOC is one of the matters that CASA may take into account in forming a view for the purposes of subsections (1) and (2).
"(4) In this section:
'mixed authority AOC means an AOC authorising:
the operation of a foreign registered aircraft on domestic commercial flights; and
other operations.
Compliance with civil aviation law
"28BD. The holder of an AOC must comply with all requirements of this Act, the regulations and the Civil Aviation Orders that apply to the holder.
Duty to exercise care and diligence
"28BE.(1) The holder of an AOC must at all times take all reasonable steps to ensure that every activity covered by the AOC, and everything done in connection with such an activity, is done with a reasonable degree of care and diligence.
"(2) If the holder is a body having legal personality, each of its directors must also take the steps specified in subsection (1).
"(3) It is evidence of a failure by a body and its directors to comply with this section if an act covered by this section is done without a reasonable degree of care and diligence mainly because of:
inadequate corporate management, control or supervision of the conduct of any of the body's directors, servants or agents; or
failure to provide adequate systems for communicating relevant information to relevant people in the body.
"(4) No action lies, for damages or compensation, in respect of a contravention of this section.
SCHEDULE 1—continued
"(5) This section does not affect any duty imposed by, or under, any other law of the Commonwealth, or of a State or Territory, or under the common law.
Organisation, personnel etc.
"28BF.(1) The holder of an AOC must at all times maintain an appropriate organisation, with a sufficient number of appropriately qualified personnel and a sound and effective management structure, having regard to the nature of the operations covered by the AOC.
"(2) The holder must establish and maintain any supervisory positions in the organisation, or in any training and checking organisation established as part of it, that CASA directs, having regard to the nature of the operations covered by the AOC.
Operations headquarters and suitable buildings
"28BG. The holder of an AOC must at all times maintain:
an operations headquarters, through which CASA can communicate with any person responsible for any part of the operations covered by the AOC; and
suitable buildings, having regard to the nature of those operations, at each aerodrome where members of the holder's operating crews are based.
Reference library
"28BH.(1) The holder of an AOC must maintain a reference library within the organisation, the contents of which must be readily available to all members of the holder's operating crews.
"(2) The contents of the reference library must include:
all operational documents and material; and
all material required by the regulations or Civil Aviation Orders.
"(3) The holder must keep the contents of the reference library up-to-date and in a readily accessible form.
"(4) The holder must keep up-to-date records of the distribution of operational documents to members of the holder's flight crew and any other people employed in the holder's organisation, who are employed as cabin crew, or to carry out duties associated with fuelling, loading or despatching aircraft.
"(5) In this section, 'operating crew' has the same meaning as in the regulations.".
SCHEDULE 1—continued
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