CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.110 Certificate--issue

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 142.110

  (1)   Subject to regulation   11.055, CASA must issue the certificate if satisfied of each of the following:

  (a)   the matters mentioned in subregulation   142.085(1);

  (b)   the applicant's organisation is suitable to ensure that the activities can be conducted safely, having regard to the nature of the activities;

  (c)   the chain of command of the applicant's organisation is appropriate to ensure that the activities can be conducted safely;

  (d)   the applicant's organisation has a sufficient number of suitably qualified and competent personnel to conduct the activities safely;

  (e)   the facilities of the applicant's organisation are sufficient to enable the activities to be conducted safely;

  (f)   the applicant's organisation has suitable procedures and practices to control the organisation and ensure the activities can be conducted safely.

  (2)   For subregulation   (1), in deciding whether an applicant is capable of conducting the activities safely and in accordance with its exposition and civil aviation legislation, CASA must consider:

  (a)   the matters set out in paragraphs 142.085(2)(a), (b) and (d) to (f); and

  (b)   the content of the undertaking mentioned in paragraph   142.105(2)(b).

  (3)   For subregulation   (1), the matters CASA may consider in deciding whether a person is a fit and proper person include the matters mentioned in subregulation   142.085(3).

  (4)   For this regulation, regulation   142.085 applies to an application for a certificate as if:

  (a)   a reference to an AOC were a reference to a certificate; and

  (b)   any other necessary changes had been made.

  (5)   If CASA decides to issue the certificate, CASA must determine the Part   142 activities the applicant is authorised to conduct in flight simulation training devices, including any limitations or conditions in relation to the activities.

  (6)   The certificate must include:

  (a)   the matters mentioned in subregulation   (5); and

  (b)   a certificate reference number determined by CASA.

  (7)   If, under regulation   142.145, CASA approves a significant change to a Part   142 operator that holds a certificate under this Division, CASA may issue a new certificate to the operator.