Document ID: chunk:federal_register_of_legislation:C2004A04932:body:0:p17
Version: federal_register_of_legislation:C2004A04932
Segment Type: other
Provision Reference: 
Character Range: 42396–45098

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 and airworthiness are of a standard that CASA considers necessary in the interests of the safety of air navigation.

"(2) CASA must not:

    (a) impose or vary a condition of an AOC that does not authorise the operation of a foreign registered aircraft on domestic commercial flights; or

SCHEDULE 1—continued

    (b) impose or vary a condition of a mixed authority AOC 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 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 compliance with the provisions of this Act, the regulations and the Civil Aviation Orders, relating to safety.

"(3) The financial position of the holder of the AOC is one of the matters that CASA may take into account in forming a view for the purposes of subsections (1) and (2).

"(4) In this section:

'mixed authority AOC means an AOC authorising:

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

    (b) other operations.

Compliance with civil aviation law

"28BD. The holder of an AOC must comply with all requirements of this Act, the regulations and the Civil Aviation Orders that apply to the holder.

Duty to exercise care and diligence

"28BE.(1) The holder of an AOC must at all times take all reasonable steps to ensure that every activity covered by the AOC, and everything done in connection with such an activity, is done with a reasonable degree of care and diligence.

"(2) If the holder is a body having legal personality, each of its directors must also take the steps specified in subsection (1).

"(3) It is evidence of a failure by a body and its directors to comply with this section if an act covered by this section is done without a reasonable degree of care and diligence mainly because of:

    (a) inadequate corporate management, control or supervision of the conduct of any of the body's directors, servants or agents; or

    (b) failure to provide adequate systems for communicating relevant information to relevant people in the body.

"(4) No action lies, for damages or compensation, in respect of a contravention of this section.

SCHEDULE 1—continued

"(5) This section does not affect any duty imposed by, or under, any other law of the Commonwealth, or of a