Document ID: chunk:federal_register_of_legislation:C2004A04932:body:0:p16
Version: federal_register_of_legislation:C2004A04932
Segment Type: other
Provision Reference: 
Character Range: 39772–42636

substitute "paragraph 28(1)(c)".

80. Subparagraph 28A(1)(a)(ii):

Omit "Certificate", substitute "AOC".

81. Subparagraph 28A(1)(a)(ii):

Omit "Air Operator's Certificate", substitute "air operator's certificate".

82. Subparagraph 28A(1)(d)(ii):

Omit "certificate", substitute "AOC".

83. Paragraph 28A(1)(h):

Omit "certificate", substitute "AOC".

    Note: The heading to section 2SA is altered by omitting "Air Operator's Certificates" and substituting "AOC".

84. After section 28A:

Insert:

"Subdivision E—Conditions of AOC

General conditions

"28BA.(1) An AOC has effect subject to the following conditions:

    (a) the condition that sections 28BD, 28BE, 28BF, 28BG and 28BH are complied with;

    (b) any conditions specified in the regulations or Civil Aviation Orders;

    (c) any conditions imposed by CASA under section 28BB.

"(2) If a condition of an AOC is breached, the AOC does not authorise any flight or operation to which the condition relates while the breach continues. This subsection does not apply to the condition specified in paragraph (1)(a).

"(3) If a condition of an AOC is breached, CASA may, by written notice given to its holder, suspend or cancel:

SCHEDULE 1—continued

    (a) the AOC; or

    (b) any specified authorisation contained in the AOC;

whether or not the breach is continuing.

CASA may impose and vary AOC conditions

"28BB.(1) CASA may:

    (a) at the time of issuing an AOC, impose conditions by specifying them in the AOC; and

    (b) at any time after the issue of an AOC, give a written notice to the holder of the AOC, imposing conditions, or further conditions, on the AOC.

"(2) CASA may at any time give a written notice to the holder of an AOC, varying any of the conditions of the AOC that were imposed by CASA. A variation may be made:

    (a) on the application of the holder of an AOC; or

    (b) on CASA's own initiative.

"(3) An application for variation must:

    (a) be in writing; and

    (b) set out the variation sought and the reasons why it is sought.

"(4) Section 27AD applies to an application under this section in the same way that section 27AD applies to an application for an AOC.

Limits on CASA's power to impose or vary AOC conditions

"28BC.(1) CASA must not:

    (a) impose or vary a condition of an AOC that:

        (i) is not a mixed authority AOC; and

        (ii) authorises the operation of a foreign registered aircraft on domestic commercial flights; or

    (b) impose or vary a condition relating to the authorisation of the operation of a foreign registered aircraft on domestic commercial flights that is contained in a mixed authority AOC; or

    (c) suspend or cancel an AOC of the kind to which paragraph (a) applies or an authorisation of the kind to which paragraph (b) applies;

except to ensure that the aircraft's operation, maintenance