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：次
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To view this page ensure that Adobe Flash Player version 9.0.124 or greater is installed. (2C) To the extent that an AOC, or an authorisation contained in a mixed authority AOC, authorises carriage by air that is not covered by Part IA, II, III or IV of the Civil Aviation (Carriers’ Liability) Act 1959, CASA does not have power to suspend or cancel the AOC or authorisation because of a breach of the condition that section 28BI is complied with unless the holder of the AOC is a constitutional corporation. (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 subsection (1), paragraph (1A)(a), subsection (2) and paragraph (2A)(a). (4)In this section: mixed authority AOC means an AOC authorising: (a) the operation of a foreign registered aircraft on regulated domestic flights; and (b) other operations. 28BD Compliance with civil aviation law (1)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. (2)The holder of an Australian AOC with ANZA privileges must comply with all requirements of the Civil Aviation Act 1990 of New Zealand, and of the regulations and rules under that Act, that apply to the holder in relation to the ANZA activities in New Zealand authorised by the AOC. 28BE Duty to exercise care and diligence (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. Section 28BF (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: (a) inadequate corporate management, control or supervision of the conduct of any of the body’s directors, servants or agents; or (b) 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. (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. 28BF Organisation, personnel etc. (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. 28BG Operations headquarters and suitable buildings The holder of an AOC must at all times maintain: (a)an operations headquarters, through which CASA can communicate with any person responsible for any part of the operations covered by the AOC; and (b)suitable buildings, having regard to the nature of those operations, at each aerodrome where members of the holder’s operating crews are based. Section 28BH 28BH Reference library (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: (a)all operational documents and material; and (b)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. 28BI Personal injury liability insurance Application (1) This section applies in relation to an operation covered by an AOC if any of the following provisions apply in relation to the operation: (a)subsection 41E(1) or (3) of the Civil Aviation (Carriers’ Liability) Act 1959; (b)subsection 41E(1) or (3) of the Civil Aviation (Carriers’ Liability) Act 1959 as that subsection has effect under a law of a State. Insurance requirements (2) The holder of the AOC must at all times comply with the applicable provision in relation to the operation. Section 28C Note: The provisions referred to in paragraphs (1)(a) and (b) prescribe, for passenger-carrying operations, certain requirements relating to personal injury liability insurance. Subdivision F—Other provisions relating to Australian and New Zealand AOCs with ANZA privileges 28C Certain documents and information to be given to CASA by holder of New Zealand AOC with ANZA privileges (1) A New Zealand AOC with ANZA privileges comes into force for Australia when the holder gives CASA: (a) a copy of the AOC; and (b) written notice of the following: (i)details of all conditions imposed by the Director of CAA New Zealand in relation to the AOC; (ii) the holder’s New Zealand contact details, including business address, telephone number, fax number (if any), and email address (if any); (iii) the holder’s Australian contact details, including business address, telephone number, fax number (if any), and email address (if any); (iv) any other information required by the regulations. |
