Legislative instruments and exemptions

Instrument number CASA 293/00
Civil Aviation Act 1988

Approval of form of application for AOC

I, MICHAEL ROBERT TOLLER, Director of Aviation Safety, on behalf of CASA:

  1. revoke instrument numbered CASA 112/00; and
  2. for the purposes of section 27AA of the Civil Aviation Act 1988 (the Act), approve the following as the form of application for an AOC authorising the flying or operation of aircraft for aerial work purposes only:
    1. if the applicant does not hold a current AOC - the application must be a letter requesting the issue of the AOC and containing or accompanied by the information and material set out in Schedules 1, 2 and 3 (except that referred to in paragraph 1 (b) of Schedule 3);
    2. if the applicant already holds an AOC - the application must be a letter requesting the issue of the AOC and containing or accompanied by:
      1. the information and material set out in Schedule 1; and
      2. if there have been changes to any information set out in Schedule 2 since that information was last provided to CASA - details of the changes to that information; and
      3. if any of the information or material set out in Schedule 3 (except that referred to in paragraph 1 (b) of Schedule 3) has not been provided to CASA when making a previous application - that information or material; and
      4. if any of the information or material set out in Schedule 3 that has been provided to CASA when making a previous application (except the statement of the applicant's financial position) has changed - details of the changes to the information or material; and
  3. for the purposes of section 27AA of the Act, approve the following as the form of application for an AOC (other than an application for an AOC authorising the flying or operation of aircraft for aerial work purposes only or an application under section 27AE of the Act):
    1. if the applicant does not hold a current AOC - the application must be a letter requesting the issue of the AOC and containing or accompanied by the information and material set out in Schedules 1, 2 and 3;
    2. if the applicant already holds an AOC - the application must be a letter requesting the issue of the AOC and containing or accompanied by:
      1. the information and material set out in Schedule 1; and
      2. if there have been changes to any information set out in Schedule 2 since that information was last provided to CASAdetails of the changes to that information; and
      3. if any of the information or material set out in Schedule 3 has not been provided to CASA when making a previous applicationthat information or material; and
      4. if any of the information or material set out in Schedule 3 that has been provided to CASA when making a previous application (except the statement of the applicant's financial position) has changed details of the changes to the information or material; and

Note 1: If an applicant who already holds an AOC (the current AOC) is applying for an AOC that will not cover all the operations, or all the classes of aircraft, covered by the current AOC, paragraphs (2)(b) and (3)(b) do not require the applicant to supply any information, material or details that the applicant has already supplied to CASA in a previous application.

Note 2: Applicants for the subsequent issue of an AOC, are advised to submit the application not less than 30 days before the expiry date to ensure continuity of operations.

Schedule 1

  1. The letter must, either, have the following information set out in it or have the following information set out in an attachment to the letter:
    1. the applicant's full name, business address, telephone number and postal address (if different from the business address) and the applicant's ACN or ARBN (if any);
    2. the applicant's trading name (if any);
    3. the full name and address of the applicant's agent (if any);
    4. which type of commercial service is to be provided by the applicant, namely, regular public transport, charter or aerial work including, in the case of aerial work services, the specific aerial work functions to be provided;
    5. details of the type and model of the aircraft to be used and proposed areas of operation;
    6. in the case of an applicant who intends to engage in regular public transport operationsthe serial number of each aircraft it is proposed to use and the proposed routes and frequency of operation.
  2. If the applicant has an ACN or an ARBN, the letter must have attached a copy of a company extract that has been issued by the Australian Securities and Investments Commission not more that 7 days before the date of the letter.
  3. If the applicant, or any of the applicant's key personnel, is presently subject to regulatory action by a regulatory authority, the letter must have attached a statement setting out the following:
    1. details of the regulatory action;
    2. the present status of the action; and
  4. If the applicant, or any of the applicant's key personnel, has been subject to regulatory action by a regulatory authority that resulted in a fine, conviction, or to the variation, suspension or cancellation of an authorisation, the letter must have attached a statement setting out the following:
    1. details of the regulatory action; and
    2. details of the fine imposed, the conviction recorded, or the variation, suspension or cancellation ordered.
  5. In clauses 3 and 4:
    key personnel has the same meaning as in section 28 of the Act.
    regulatory action means:
    1. in relation to Australia, an action taken against a person by CASA under the Act, the regulations or the Civil Aviation Orders that, on conviction, may lead to the imposition of a fine, a conviction, or to the variation, suspension or cancellation of an AOC or a civil aviation authorisation; and
    2. in relation to a foreign country, any action taken against a person by the regulatory authority of the country that, on conviction, may lead to the imposition of a fine, a conviction, or to the variation, suspension or cancellation of an authorisation (however called) that relates to the conduct of civil aviation operations in that country.
    regulatory authority means:
    1. in relation to Australia, CASA; and
    2. in relation to a foreign country, the regulatory agency in that country that is responsible for the regulation of civil aviation in that country.

Schedule 2

  1. The letter must, either, have the following information set out in it or have the following information set out in an attachment to the letter:
    1. details of the applicant's proposed organisation;
    2. details of the organisation's proposed chain of command;
    3. the number and qualifications of personnel to be employed by the organisation in the operation or maintenance of the aircraft;
    4. details of the air operations experience of the organisation's proposed key personnel;
    5. details of the organisation's proposed facilities;
    6. details of the management control procedures that are to be established within the organisation to ensure the safety of air operations;
    7. details of the licences and other authorisations to be held by the organisation's proposed flight crew having regard to the nature of the proposed AOC operations;
    8. if services relating to maintenance, training or flying operations are to be supplied to the proposed organisation:
      1. the name of the supplier; and
      2. the nature of the services to be supplied.

SCHEDULE 3

  1. The letter must be accompanied by the following material:
    1. the schedule of events (if any) agreed in discussions with CASA;
    2. a statement that sets out how the applicant proposes to ensure compliance with the provisions of the Act, the Civil Aviation Regulations 1988, Civil Aviation Regulations 1998, and the Civil Aviation Orders;
    3. the duty statements for, and details of the qualifications required for, all management positions in the proposed organisation;
    4. the following documents:
      1. proof of the applicant's identity;
      2. copies of the certificate of Registration of Business Name (if any);
      3. evidence of the availability of aircraft;
      4. a statement of the applicant's financial position;
      5. documents that support the details given for the purposes of paragraph 1 (d) of Schedule 2.

[Signed M. Toller]

Mick Toller
Director of Aviation Safety
12 July 2000

 
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