Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p37
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 37/75)
Character Range: 3398751–3401751

142 activities in flight simulation training devices.
 (2) The application must include the following:
 (a) the information and documents mentioned in paragraphs 142.080(2)(a) to (f);
 (b) a written undertaking from the person appointed, or proposed to be appointed, as the applicant's chief executive officer that, if CASA issues the certificate, the applicant will:
 (i) be capable of operating in accordance with its exposition and civil aviation legislation; and
 (ii) operate in accordance with its exposition and civil aviation legislation.
 (3) The application must be:
 (a) accompanied by a copy of the applicant's proposed exposition; and
 (b) signed by the person appointed, or proposed to be appointed, as the applicant's chief executive officer.

142.110  Certificate—issue
 (1) Subject to regulation 11.055, CASA must issue the certificate if satisfied of each of the following:
 (a) the matters mentioned in subregulation 142.085(1);
 (b) the applicant's organisation is suitable to ensure that the activities can be conducted safely, having regard to the nature of the activities;
 (c) the chain of command of the applicant's organisation is appropriate to ensure that the activities can be conducted safely;
 (d) the applicant's organisation has a sufficient number of suitably qualified and competent personnel to conduct the activities safely;
 (e) the facilities of the applicant's organisation are sufficient to enable the activities to be conducted safely;
 (f) the applicant's organisation has suitable procedures and practices to control the organisation and ensure the activities can be conducted safely.
 (2) For subregulation (1), in deciding whether an applicant is capable of conducting the activities safely and in accordance with its exposition and civil aviation legislation, CASA must consider:
 (a) the matters set out in paragraphs 142.085(2)(a), (b) and (d) to (f); and
 (b) the content of the undertaking mentioned in paragraph 142.105(2)(b).
 (3) For subregulation (1), the matters CASA may consider in deciding whether a person is a fit and proper person include the matters mentioned in subregulation 142.085(3).
 (4) For this regulation, regulation 142.085 applies to an application for a certificate as if:
 (a) a reference to an AOC were a reference to a certificate; and
 (b) any other necessary changes had been made.
 (5) If CASA decides to issue the certificate, CASA must determine the Part 142 activities the applicant is authorised to conduct in flight simulation training devices, including any limitations or conditions in relation to the activities.
 (6) The certificate must include:
 (a) the matters mentioned in subregulation (5); and
 (b) a certificate reference number determined by CASA.
 (7) If, under regulation 142.145, CASA approves a significant change to a Part 142 operator that holds a certificate under this Division, CASA may issue a new certificate to the operator.

142.115  Certificate—approval of exposition
  If CASA issues the