Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p59
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 59/75)
Character Range: 3458044–3460878

required

Requirement for approval
 (1) A Part 142 operator commits an offence if:
 (a) the operator does an act mentioned in subregulation (2), (4), (6) or (8); and
 (b) the operator does not hold an approval under regulation 142.040 to do the act.
Penalty: 50 penalty units.

Acts in relation to cancelled authorisations
 (2) For paragraph (1)(a), the acts are the following:
 (a) to use, in any of the operator's authorised Part 142 activities, an aircraft the operation of which was authorised by a cancelled authorisation;
 (b) to employ, in connection with any of the operator's authorised Part 142 activities, a person who was, at the time of the cancellation, employed in connection with an operation the conduct of which was authorised by a cancelled authorisation;
 (c) to conduct an operation, or part of an operation, the conduct of which was authorised by a cancelled authorisation.

Acts in relation to suspended or varied authorisations
 (3) Subregulation (4) applies in relation to a suspended or varied authorisation.
 (4) For paragraph (1)(a), the acts are the following:
 (a) to use, in any of the operator's authorised Part 142 activities, an aircraft the operation of which:
 (i) was, immediately before the suspension or variation, authorised by the authorisation; but
 (ii) is no longer authorised by the authorisation as suspended or varied;
 (b) to employ, in connection with any of the operator's authorised Part 142 activities, a person who was, at the time of the suspension or variation, employed in connection with an operation the conduct of which:
 (i) was, immediately before the suspension or variation, authorised by the authorisation; but
 (ii) is no longer authorised by the authorisation as suspended or varied;
 (c) to conduct an operation, or part of an operation, the conduct of which:
 (i) was, immediately before the suspension or variation, authorised by the authorisation; but
 (ii) is no longer authorised by the authorisation as suspended or varied.
Note: See section 28BB of the Act in relation to varying AOC conditions.

Pending applications for authorisations
 (5) Subregulation (6) applies in relation to an application for a civil aviation authorisation that has not been finally determined by CASA.
 (6) For paragraph (1)(a), the acts are the following:
 (a) to use, in any of the operator's authorised Part 142 activities, an aircraft the operation of which would be authorised by the authorisation;
 (b) to employ, in connection with any of the operator's authorised Part 142 activities, a person employed, or proposed to be employed, in connection with an operation the conduct of which would be authorised by the authorisation;
 (c) to conduct an operation, or part of an operation, the conduct of which would be authorised by the authorisation.

Application for authorisation