CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.072 Conditions of authorisations--change of business status

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.072

  (1)   It is a condition of an authorisation used in connection with an aviation - related activity of a business that its holder must tell CASA, in writing, of a change of any of the following kinds within the period mentioned in subregulation   (3):

  (a)   if the holder carries on the business under a name that is registered as a trading or business name under the law of a State or Territory--the holder changes that name, ceases to use that name, or begins to use another name;

  (b)   the person changes the place at which he or she carries on the business;

  (c)   the holder ceases to be entitled to occupy the premises from which he or she carries on the business;

  (d)   the holder ceases temporarily or permanently to carry on the business;

  (e)   if the holder is an individual--the holder:

  (i)   is declared bankrupt; or

  (ii)   enters into an arrangement with his or her creditors under Part   X of the Bankruptcy Act 1966 ; or

  (iii)   applies to take the benefit of any other law for the protection of debtors; or

  (iv)   becomes aware that he or she has an illness likely to render him or her unable to carry on the business for a period that is likely to exceed 3 months;

  (f)   if the holder is a member of a partnership--an event mentioned in paragraph   (e) happens to any of the members;

  (g)   if the holder is a corporation:

  (i)   the holder:

  (A)   becomes a Chapter   5 body corporate (within the meaning given by section   9 of the Corporations Act 2001 ); or

  (B)   applies to take the benefit of any other law for the protection of insolvent corporations; or

  (ii)   an event mentioned in paragraph   (e) happens to any of the holder's key personnel.

  (2)   A person commits an offence if:

  (a)   the person is the holder of an authorisation; and

  (b)   the person uses the authorisation in connection with an aviation - related activity of a business; and

  (c)   a change mentioned in subregulation   (1) happens in relation to the person; and

  (d)   the person does not tell CASA, in writing, of the change within the period mentioned in subregulation   (3).

Penalty:   50 penalty units.

  (3)   The period is:

  (a)   within 14 days after the change happens; or

  (b)   if another provision of these Regulations allows, in relation to that kind of authorisation, a different period within which the person must tell CASA of the change--within that period.

  (4)   An offence against subregulation   (2) in relation to a change mentioned in paragraph   (1)(a), (b), (c) or (d), subparagraph   (1)(e)(i), (ii) or (iii) or subparagraph   (1)(g)(i) is an offence of strict liability.

  (5)   In this regulation:

"key personnel" , in relation to a corporation that holds an authorisation, means the people holding, or carrying out the duties of, any positions that the holder is required by these Regulations to have in its organisation.