澳大利亞民航法 Australian Civil Aviation Act 1988

時(shí)間：2014-12-28 14:05來源：藍(lán)天飛行翻譯公司 作者：民航翻譯 點(diǎn)擊：次

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(b) a copy of any limitations or conditions imposed by the authority on operations conducted or carried out by the applicant, unless those limitations or conditions are specified in a certificate or document specified in paragraph (a);
(c)copies of any operational authorisations or requirements, however described, issued by the authority in relation to the operations of the applicant, unless those authorisations or requirements are specified in a certificate or document specified in paragraph (a) or (b);
(d) written particulars of all licences held by flight crew members intended to be engaged in carrying out operations under the foreign aircraft AOC;
(e) evidence of the matters listed in paragraphs 28AA(1)(a), (b),
(c) and (d) (including, as applicable, by giving examples of the things mentioned in subsections 28AA(2) to (5)).
(2)CASA must state in the notice whether the applicant is to comply with the notice:
(a)in addition to complying with the lodgment requirements of section 27AB; or
(b)instead of complying with those requirements, or such of them as are identified in the notice.
(3)If the notice indicates that the applicant is to do something instead of complying with all or any of the requirements of section 27AB, the applicant need not comply with those requirements of section 27AB.
(4)In this section:
foreign aircraft AOC means:
(a)an AOC (other than an Australian AOC with ANZA privileges) authorising the operation of a foreign registered aircraft on flights that are not regulated domestic flights; or
(b)an Australian AOC with ANZA privileges authorising the operation of a foreign registered aircraft, other than an aircraft registered in New Zealand, on flights that are not regulated domestic flights.
Section 27AF
27AF CASA not required to consider application until requirements complied with
(1)CASA may refuse to consider an application, or to consider it further, while there are requirements under this Subdivision that the applicant has not complied with.
(2)If the applicant is not a constitutional corporation, subsection (1) applies, in relation to a requirement that relates to an acceptable contract of insurance or adequate financial arrangements (within the meaning of Part IVA of the Civil Aviation (Carriers’ Liability) Act 1959), to the extent that the application relates to carriage by air covered by Part IA, II, III or IV of that Act.
Subdivision C—Operation of a foreign registered aircraft without AOC
27A Permission for operation of foreign registered aircraft without AOC
Granting permission
(1) If:
(a)a person wishes to operate a foreign registered aircraft on regulated domestic flights; and
(b)CASA has not entered into an agreement of a kind referred to in paragraph 28A(1)(a) that is necessary to permit the issue of an AOC authorising that operation;
the person may apply for a permission for the aircraft to be so operated.
(1A) CASA may, by written notice given to the applicant, require the applicant to give CASA evidence of the matters listed in paragraphs 28AA(1)(a), (b), (c) and (d) (including, as applicable, by giving examples of the things mentioned in subsections 28AA(2) to (5)).
(2) CASA may only grant the permission if it is satisfied:
(a) if the person does not have a commercial presence in Australia—that the person has complied with, or is capable of complying with, the condition referred to in paragraph (4)(a) (if applicable); and
(b) in any case—that to do so will not adversely affect the safety of air navigation.
(3) The permission may be granted only for a period of not more than 7 days specified in the permission starting on a day specified in the permission.
Conditions
(4)A permission granted under this section has effect subject to:
(a) the condition that section 41E of the Civil Aviation (Carriers’ Liability) Act 1959 (which deals with personal injury liability insurance) is complied with (if applicable); and
(b)any conditions relating to the operation, maintenance and airworthiness of the aircraft covered by the permission:
(i) that CASA considers necessary in the interests of the safety of air navigation; and
(ii) that are specified by CASA in the permission.
(5)CASA may, at any time, by written notice given to the holder of the permission, vary the conditions (other than the condition referred to in paragraph (4)(a)) or impose further conditions if CASA considers it necessary to do so in the interests of the safety of air navigation.
Cancellation
(6) CASA may, by oral or written notice given to the holder of a permission granted under this section, cancel the permission if:
(a) the condition referred to in paragraph (4)(a) is breached; or
(b)CASA considers it necessary to do so in the interests of the safety of air navigation.
Section 28
Subdivision D—Issue of AOCs
28 CASA must issue AOC if satisfied about certain matters
(1) If a person applies to CASA for an AOC, CASA must issue the AOC if, and only if:
(a)CASA is satisfied that the applicant has complied with, or is capable of complying with, the safety rules; and
(b)CASA is satisfied about the following matters in relation to the applicant’s organisation:
(i) the organisation is suitable to ensure that the AOC operations can be conducted or carried out safely, having regard to the nature of the AOC operations;
(ii) the organisation’s chain of command is appropriate to ensure that the AOC operations can be conducted or carried out safely;
(iii) the organisation has a sufficient number of suitably qualified and competent employees to conduct or carry out the AOC operations safely;
(iv)key personnel in the organisation have appropriate experience in air operations to conduct or to carry out the AOC operations safely;
(v) the facilities of the organisation are sufficient to enable the AOC operations to be conducted or carried out safely;

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