Document ID: chunk:federal_register_of_legislation:C2004A04681:body:0:p11
Version: federal_register_of_legislation:C2004A04681
Segment Type: other
Provision Reference: 
Character Range: 26197–29160

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) Subject to subsection (6), the Authority must not:

    (a) impose or vary a condition of an Air Operator's Certificate that is not a mixed authority Certificate and that 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 Certificate; or

    (c) suspend or cancel an Air Operator's Certificate 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 and airworthiness are of a standard that the Authority considers necessary in the interests of the safety of air navigation.

  "(5) Subject to subsection (6), the Authority must not:

    (a) impose or vary a condition of an Air Operator's Certificate that does not authorise the operation of a foreign registered aircraft on domestic commercial flights; or

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

    (c) suspend or cancel an Air Operator's Certificate of the kind to which paragraph (a) applies or an authorisation of the kind to which paragraph (b) applies;

except to ensure compliance with the provisions of this Act, and of the regulations, relating to safety.

"(6) If a person to whom an Air Operator's Certificate is issued makes a written request to the Authority for the revocation of the Certificate, the Authority must cancel the Certificate.

  "(7) In this section:

'mixed authority Certificate' means an Air Operator's Certificate authorising:

SCHEDULE—continued

    (a) the operation of a foreign registered aircraft on domestic commercial flights; and

  (b) other operations.

Additional conditions for issue of Air Operator's Certificate in relation to certain foreign registered aircraft

"28A.(1) The additional conditions of which the Authority must be satisfied for the purposes of paragraph 28(2)(c) are:

  (a) that the Authority has entered into agreements with:

        (i) the authority responsible for regulating civil aviation in the country where the aircraft is registered; and

        (ii) if, when the application for the Certificate is made, the aircraft is operating in another country under an Air Operator's Certificate, or a document to substantially the same effect, issued by the authority responsible for regulating civil aviation in that other country (a 'foreign certificate')—the body that