Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 141.310

Requirement for approval

  (1)   A Part   141 operator commits an offence if:

  (a)   the operator does an act mentioned in subregulation   (2), (4), (6) or (8); and

  (b)   the operator does not hold an approval under regulation   141.035 to do the act.

Penalty:   50 penalty units.

Acts in relation to cancelled authorisations

  (2)   For paragraph   (1)(a), the acts are the following:

  (a)   to use, in any of the operator's authorised Part   141 flight training, an aircraft the operation of which was authorised by a cancelled authorisation;

  (b)   to employ, in connection with any of the operator's authorised Part   141 flight training, a person who was, at the time of the cancellation, employed in connection with an operation the conduct of which was authorised by a cancelled authorisation;

  (c)   to conduct an operation, or part of an operation, the conduct of which was authorised by a cancelled authorisation.

Acts in relation to suspended or varied authorisations

  (3)   Subregulation (4) applies in relation to a suspended or varied authorisation.

  (4)   For paragraph   (1)(a), the acts are the following:

  (a)   to use, in any of the operator's authorised Part   141 flight training, an aircraft the operation of which:

  (i)   was, immediately before the suspension or variation, authorised by the authorisation; but

  (ii)   is no longer authorised by the authorisation as suspended or varied;

  (b)   to employ, in connection with any of the operator's authorised Part   141 flight training, a person who was, at the time of the suspension or variation, employed in connection with an operation the conduct of which:

  (i)   was, immediately before the suspension or variation, authorised by the authorisation; but

  (ii)   is no longer authorised by the authorisation as suspended or varied;

  (c)   to conduct an operation, or part of an operation, the conduct of which:

  (i)   was, immediately before the suspension or variation, authorised by the authorisation; but

  (ii)   is no longer authorised by the authorisation as suspended or varied.

Note:   See section   28BB of the Act in relation to varying AOC conditions.

Pending applications for authorisations

  (5)   Subregulation (6) applies in relation to an application for a civil aviation authorisation that has not been finally determined by CASA.

  (6)   For paragraph   (1)(a), the acts are the following:

  (a)   to use, in any of the operator's authorised Part   141 flight training, an aircraft the operation of which would be authorised by the authorisation;

  (b)   to employ, in connection with any of the operator's authorised Part   141 flight training, a person employed, or proposed to be employed, in connection with an operation the conduct of which would be authorised by the authorisation;

  (c)   to conduct an operation, or part of an operation, the conduct of which would be authorised by the authorisation.

Application for authorisation refused

  (7)   Subregulation (8) applies in relation to an application for a civil aviation authorisation that has been refused by CASA.

  (8)   For paragraph   (1)(a), the acts are the following:

  (a)   to use, in any of the operator's authorised Part   141 flight training, an aircraft the use of which would have been authorised by the authorisation;

  (b)   to employ, in connection with any of the operator's authorised Part   141 flight training, a person employed, or proposed to be employed, in connection with an operation the conduct of which would have been authorised by the authorisation;

  (c)   to conduct an operation, or part of an operation, the conduct of which would have been authorised by the authorisation.

  (9)   An offence against this regulation is an offence of strict liability.

  (10)   In this regulation:

"cancelled authorisation" means a civil aviation authorisation that has been cancelled otherwise than on application by the holder of the authorisation.

"employ" includes engage, whether by contract or other arrangement.

"suspended authorisation" means a civil aviation authorisation that has been suspended otherwise than on application by the holder of the authorisation.

"varied authorisation" means a civil aviation authorisation that has been varied otherwise than on application by the holder of the authorisation.