Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p68
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 68/79)
Character Range: 2701379–2704272

proposed exposition complies with regulation 131.195;
 (b) the applicant can conduct balloon transport operations safely and in accordance with its exposition and the civil aviation legislation;
 (c) if the applicant is an individual—the applicant:
 (i) is a fit and proper person to be issued a balloon transport AOC; and
 (ii) is, or proposes to be, the chief executive officer of the organisation established, or proposed to be established, by the applicant to conduct the applicant's proposed balloon transport operations;
 (d) if the applicant is a corporation—each director of the corporation is a fit and proper person to be a director of a corporation that is issued a balloon transport AOC;
 (e) each of the applicant's proposed key personnel:
 (i) is a fit and proper person to be appointed to the position; and
 (ii) has the qualifications and experience required under Division 131.B.4 for the position; and
 (iii) has the additional qualifications and experience required by CASA under regulation 131.175 for the position (if any); and
 (iv) has the qualifications and experience required by the applicant under subparagraph 131.195(1)(e)(i) for the position (if any);
 (f) the applicant's arrangements for managing the continuing airworthiness of each class of Part 131 aircraft the applicant proposes to operate in its balloon transport operations comply with Part 4 of CAR.
Note: These matters are in addition to the matters specified in section 28 (CASA must issue AOC if satisfied about certain matters) of the Act.
 (2) For the purposes of paragraph (1)(b), without limiting the matters that CASA may consider, CASA must consider the following:
 (a) the applicant's proposed exposition;
 (b) whether the applicant can comply with the proposed exposition;
 (c) the content of the undertaking mentioned in paragraph 131.075(2)(h);
 (d) details of, and reasons for, any suspension or cancellation of:
 (i) a civil aviation authorisation issued to the applicant; or
 (ii) an equivalent authorisation issued to the applicant under the law of a foreign country or by a multinational aviation authority;
 (e) the suitability of the applicant's corporate and organisational structures for the operations;
 (f) any other information:
 (i) accompanying the application; or
 (ii) in any other document given to CASA by the applicant for the application, including any document requested by CASA in relation to the application.
 (3) For the purposes of paragraphs (1)(c) to (e), the matters CASA may consider in deciding whether a person is a fit and proper person include the following:
 (a) the person's criminal record (if any), whether in Australia or a foreign country;
 (b) the person's bankruptcy (if any), whether in Australia or a foreign country;
 (c) the person's history (if any) of serious behavioural problems;
 (d) any information held or obtained by CASA that the person