Document ID: chunk:federal_register_of_legislation:C2004C01236:clause:2_7
Version: federal_register_of_legislation:C2004C01236
Segment Type: clause
Provision Reference: sch 2 cl 7
Character Range: 7418–8790

7  After subsection 28BC(1)
Insert:

 (1A) CASA must not suspend or cancel an AOC of the kind to which paragraph (1)(a) applies or an authorisation of the kind to which paragraph (1)(b) applies except:
 (a) 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; or
 (b) as provided by subsection (1B).

 (1B) Subject to subsection (1C), CASA may suspend or cancel an AOC of the kind to which paragraph (1)(a) applies or an authorisation to which paragraph (1)(b) applies if the condition of the AOC or the condition relating to the authorisation, as the case may be, that section 28BI is complied with has been breached.

 (1C) To the extent that an AOC, or an authorisation contained in a mixed authority AOC, authorises carriage by air that is not covered by Part II, III or IV of the Civil Aviation (Carriers' Liability) Act 1959, CASA does not have power to suspend or cancel the AOC or authorisation because of a breach of the condition that section 28BI is complied with unless the holder of the AOC is:
 (a) a trading corporation formed within the limits of the Commonwealth (within the meaning of paragraph 51(xx) of the Constitution); or
 (b) a foreign corporation within the meaning of that paragraph; or
 (c) a corporation formed in a Territory.