Document ID: chunk:federal_register_of_legislation:C2004A04681:body:0:p10
Version: federal_register_of_legislation:C2004A04681
Segment Type: other
Provision Reference: 
Character Range: 23636–26437

person may apply for a permission for the aircraft to be so operated.

"(2) The Authority may only grant the permission if it is satisfied that to do so will not adversely affect the safety of air navigation.

"(3) The permission may be granted only for a period of not more than 7 days specified in the permission starting on a day specified in the permission.

SCHEDULE—continued

"(4) A permission has effect subject to any conditions relating to the operation, maintenance and airworthiness of the aircraft covered by the permission:

     (a) that the Authority considers necessary in the interests of the safety of air navigation; and

  (b) that are specified by the Authority in the permission.

"(5) The Authority may, at any time, by written notice given to the holder of the permission, vary the conditions or impose further conditions if the Authority considers it necessary to do so in the interests of the safety of air navigation.

"(6) If the Authority becomes satisfied that it is necessary to do so in the interests of the safety of air navigation, it may, by oral or written notice given to the holder of a permission given under this section, cancel the permission.".

33. Section 28:

  Repeal the section, substitute:

Exercise of discretion by Authority

  "28.(1) If:

     (a) a person applies for a permission under this Part (other than a permission under section 27A); and

     (b) the Authority is satisfied that the applicant has complied with, or established the capability to comply with, the provisions of this Act, and of the regulations, that relate to safety, including provisions relating to the competence of persons to do anything that would be covered by the permission;

the Authority must give the permission.

  "(2) If:

  (a) a person applies for an Air Operator's Certificate under this Part; and

     (b) the Authority is satisfied that the applicant has complied with, or established the capability to comply with, the provisions of this Act, and of the regulations, that relate to safety, including provisions relating to the competence of persons to do anything that would be covered by the Certificate; and

     (c) if the Certificate sought will authorise the operation of a foreign registered aircraft on domestic commercial flights—the Authority is also satisfied that the additional conditions referred to in subsection 28A(1) have been met;

SCHEDULE—continued

the Authority must issue the Certificate.

  "(3) The Authority must not, under this Part:

    (a) impose or vary a condition in respect of a permission other than a permission under section 27A; or

  (b) suspend or cancel such a permission;

except for the purpose of ensuring compliance with the provisions of this Act, and of the regulations, that relate to safety.

  "(4)