Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:5:p8
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 5 (pt 8/117)
Character Range: 3522640–3525517

person must not perform an aviation administration function if the person does not hold an ASAO certificate authorising the person to perform the function.
Note: This regulation does not apply to certain sport aviation bodies for a limited period: see regulation 202.861.
 (2) Subregulation (1) does not apply if the person is otherwise permitted, under these Regulations, to perform the function.
Note: A defendant bears an evidential burden in relation to the matter in this subregulation: see subsection 13.3(3) of the Criminal Code.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

149.020  Compliance with conditions of ASAO certificate
 (1) An ASAO must not contravene a condition of its ASAO certificate.
 (2) An ASAO commits an offence of strict liability if the ASAO contravenes subregulation (1).
Penalty: 50 penalty units.
Subpart 149.B—ASAO certificates

149.060  CASA may limit number of ASAO certificates
 (1) For the purposes of subsection 98(5A) of the Act, CASA may issue a legislative instrument imposing limits on the number of ASAO certificates that may be issued if CASA is satisfied that exceeding the limit is likely to have an adverse effect on the safety of air navigation.
 (2) A limit may be imposed:
 (a) indefinitely or for a specified period; or
 (b) generally or in relation to a specified class of aviation administration functions.
 (3) CASA may, by legislative instrument, vary or revoke an instrument made under subregulation (1).

149.070  Application for ASAO certificate
 (1) A person may apply to CASA, in writing, for the issue of an ASAO certificate to the person.
 (2) However, a body corporate may make an application only if it is incorporated in Australia.
 (3) An application for an ASAO certificate must include the following:
 (a) the applicant's name and contact details;
 (b) any operating or business name of the organisation (the applicant's organisation) established, or proposed to be established, by the applicant to perform the aviation administration functions covered by the application on behalf of the ASAO, including its ABN (if any);
 (c) the principal physical address at which the person proposed to be appointed as the accountable manager of the applicant's organisation will perform their duties and responsibilities;
 (d) if the applicant is a corporation—the name of each of the officers of the corporation, its ACN and the address of its registered office;
 (e) details of the aviation administration functions covered by the application, including:
 (i) the kinds of aircraft (if any) that the applicant proposes to administer; and
 (ii) the activities that the applicant proposes to administer; and
 (iii) any ASAO enforcement powers that the ASAO proposes to exercise;
 (f) a written undertaking from the person proposed to be