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澳大利亚民航法 Australian Civil Aviation Act 1988

时间:2014-12-28 14:05来源:蓝天飞行翻译公司 作者:民航翻译 点击:

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(vi) the organisation has suitable procedures and practices to control the organisation and ensure that the AOC operations can be conducted or carried out safely;
(vii) 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
(c) if the AOC sought is:
(i)an AOC (other than an Australian AOC with ANZA privileges) authorising the operation of a foreign registered aircraft on regulated domestic flights; or
(ii)an Australian AOC with ANZA privileges authorising the operation of a foreign registered aircraft, other than an aircraft registered in New Zealand, on regulated domestic flights;
CASA is also satisfied that the additional conditions in section 28A are satisfied; and
(d)CASA is satisfied that the person does not hold a New Zealand AOC with ANZA privileges that covers all or any of the AOC operations; and
(e)if the AOC sought is an Australian AOC with ANZA privileges—the additional conditions in section 28B are satisfied.
(1A) For the purposes of paragraph (1)(a), if the AOC sought is an AOC authorising the operation of foreign registered aircraft into Australia, out of Australia, or both, or on regulated domestic flights, other than:
(a)an Australian AOC with ANZA privileges; or
(b)an Australian AOC with ANZA privileges authorising operations of an aircraft registered in New Zealand on regulated domestic flights;
CASA may have regard to the matters set out in section 28AA.
(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:
(a) the chief executive officer;
(b) the head of the flying operations part of the organisation;
(c) the head of the aircraft airworthiness and maintenance control part (if any) of the organisation;
Section 28A
(d) the head of the training and checking part (if any) of the organisation;
(e)any other position prescribed by the regulations.
28A Additional conditions for issue of AOC in relation to certain foreign registered aircraft
(1) The additional conditions of which CASA must be satisfied for the purposes of paragraph 28(1)(c) are:
(a)that CASA has entered into agreements with:
(i) the authority responsible for regulating civil aviation in the country where the aircraft is registered; and
(ii)if, when the application for the AOC is made, the aircraft is operating in another country under an air operator’s certificate, or a document to substantially the same effect, issued by the authority responsible for regulating civil aviation in that other country (a foreign certificate)—the body that issued the foreign certificate; and
(b) that each agreement sets out the areas of responsibility of the parties to the agreement in relation to the supervision of flight operations, the maintenance, and the airworthiness, of aircraft covered by the agreement; and
(c) that the applicant has informed CASA:
(i) of the aircraft’s type, serial number and registration marks; and
(ii)of the country where the aircraft is registered; and
(iii) of the name and address of the person in whose name the aircraft is registered; and
(d) that the applicant has informed CASA:
(i)of the age and total time-in-service of the aircraft; and
(ii)of the country in which any person who operated the aircraft in the period of one year immediately before the application for the AOC had his or her principal place of business; and
(iii) of the country or countries in which maintenance was carried out on the aircraft during that year, other than line maintenance; and
(e) that the applicant has given CASA a copy of either:
(i) the certificate of airworthiness of the aircraft; or
(ii)a document to substantially the same effect as such a certificate; that was issued by the authority responsible for regulating civil aviation in the country where the aircraft is registered; and
(f) that the applicant has given CASA a statement that the aircraft complies with the airworthiness requirements of Annex 8 of the Chicago Convention or with such other airworthiness standard as CASA directs; and
(g)if the aircraft is leased—that the applicant has given CASA:
(i) the name and address of the person responsible for operational control of the aircraft under the lease agreement (whether or not that person is the applicant); and
(ii) the name and address of the person responsible for controlling the airworthiness and maintenance of the aircraft (whether or not the person is the applicant); and
(iii) a separate signed statement from each of those persons that they understand their respective responsibilities under the regulations; and
(h)if the aircraft is leased—that the applicant for the AOC has given CASA a description of the lease provisions.
(2) In this section:
line maintenance, in relation to an aircraft, means routine checks, inspections and malfunction rectifications performed en route and at base stations on the aircraft during transit, turn-around or night stops.
Section 28AA
28AA Matters that CASA may have regard to in issuing an AOC in relation to certain flights by foreign registered aircraft
(1) For the purposes of subsection 28(1A), the matters which CASA may have regard to are:
(a) evidence of any serious safety deficiencies in relation to the applicant’s operations in another country; and
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