時間：2014-12-28 14:05來源：藍天飛行翻譯公司 作者：民航翻譯 點擊：次
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To view this page ensure that Adobe Flash Player version 9.0.124 or greater is installed. (ab) the condition that section 28BI is complied with in relation to each operation, covered by the AOC, to which that section applies; (b)any conditions specified in the regulations or Civil Aviation Orders; (c)any conditions imposed by CASA under section 28BB. (2) If a condition of an AOC referred to in paragraph (1)(a) or (aa) is breached, the AOC continues, despite the breach, to authorise flights or operations to which the condition relates. (2A) If a condition of an AOC referred to in paragraph (1)(ab), (b) or (c) is breached, the AOC does not authorise any flight or operation to which the condition relates while the breach continues. (3) If a condition of an AOC is breached, CASA may, by written notice given to its holder, suspend or cancel: (a) the AOC; or (b) any specified authorisation contained in the AOC; whether or not the breach is continuing. (4)Before making a decision under subsection (3), CASA must: (a)give the holder of the AOC a notice setting out the reasons why CASA is considering making the decision; and (b)allow the holder of the AOC to show cause, within such reasonable time as CASA specifies in the notice, why CASA should not make the decision. (5)If CASA makes a decision under subsection (3), the notice of its decision must include a summary of section 31A. However, a failure to include such a summary does not affect the validity of the notice. 28BAA Certain conditions for grant of AOC also have effect as ongoing conditions on the AOC (1)An AOC has effect subject to the condition that CASA remains satisfied as mentioned in paragraphs 28(1)(a) and (b) in relation to the operations that are covered by the AOC. (2)If the AOC is an Australian AOC with ANZA privileges, the AOC also has effect subject to the conditions that: (a)CASA remains satisfied as mentioned in paragraphs 28B(1)(a), (c) and (d) in relation to the ANZA activities in New Zealand that the AOC authorises; and (b) the Secretary of the Department does not advise CASA that, having regard to the ANZA mutual recognition agreements, the holder of the AOC is no longer eligible to hold an Australian AOC with ANZA privileges. 28BB CASA may impose and vary AOC conditions (1) CASA may: (a) at the time of issuing an AOC, impose conditions by specifying them in the AOC; and (b) at any time after the issue of an AOC, give a written notice to the holder of the AOC, imposing conditions, or further conditions, on the AOC. (2)CASA may at any time give a written notice to the holder of an AOC, varying any of the conditions of the AOC that were imposed by CASA. A variation may be made: (a) on the application of the holder of an AOC; or (b) on CASA’s own initiative. (3)An application for variation must: (a)be in writing; and (b) set out the variation sought and the reasons why it is sought. (4)Section 27AD applies to an application under this section in the same way that section 27AD applies to an application for an AOC. 28BC Limits on CASA’s powers in relation to suspension, cancellation and AOC conditions (1) CASA must not: (a)impose or vary a condition of an AOC that: (i)is not a mixed authority AOC; and (ii) authorises the operation of a foreign registered aircraft on regulated domestic flights; or (b)impose or vary a condition relating to the authorisation of the operation of a foreign registered aircraft on regulated domestic flights that is contained in a mixed authority AOC; 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. (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). Section 28BC (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 in relation to any operation, covered by the AOC or authorisation, to which that section applies. (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 IA, 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 constitutional corporation. (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 regulated domestic flights; or (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 regulated domestic flights) that is contained in a mixed authority AOC; except to ensure compliance with the provisions of this Act, the regulations and the Civil Aviation Orders, relating to safety. (2A) CASA must not suspend or cancel an AOC of the kind to which paragraph (2)(a) applies or an authorisation of the kind to which paragraph (2)(b) applies except: (a) to ensure compliance with the provisions of this Act, the regulations, and the Civil Aviation Orders, relating to safety; or (b) as provided by subsection (2B). (2B) Subject to subsection (2C), CASA may suspend or cancel an AOC of the kind to which paragraph (2)(a) applies or an authorisation to which paragraph (2)(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 in relation to any operation, covered by the AOC or authorisation, to which that section applies. |
