時(shí)間：2015-01-01 10:26來源：藍(lán)天飛行翻譯公司 作者：民航翻譯 點(diǎn)擊：次
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To view this page ensure that Adobe Flash Player version 9.0.124 or greater is installed. (2) Before the Director may grant a New Zealand AOC with ANZA privileges, the Director must— (a) be satisfied that the air operator will be conducting air operations to, from, or within New Zealand; and (b) receive from the licensing authority written confirmation that, if the New Zealand AOC with ANZA privileges is issued to the air operator, the licensing authority considers that the air operator will be eligible to conduct air operations in Australia under the air services arrangements in place between Australia and New Zealand; and (c) be satisfied that the air operator has complied with, or is capable of complying with, all the relevant requirements of the Civil Aviation Act 1988 (Aust) and regulations and civil aviation orders made under that Act that relate to safety; and (d) consult with CASA. (3) A New Zealand AOC with ANZA privileges may be granted by amending an appropriate existing aviation document or by granting an appropriate new aviation document. (4) A New Zealand AOC with ANZA privileges is subject to the conditions that the holder— (a) must conduct air operations to, from, or within New Zealand; and (b) must not hold an Australian AOC with ANZA privileges authorising the holder to conduct air operations that are covered by the New Zealand AOC with ANZA privileges; and (c) must comply with all the requirements of the Civil Aviation Act 1988 (Aust) and regulations and civil aviation orders made under that Act that apply to the holder; and (d) must undertake the supervision of its management systems from or within New Zealand; and (e) must ensure that the training and supervision of its employees is principally undertaken from or within New Zealand; and (f) must ensure that the majority of resources associated with the exercise of the privileges of the AOC are situated within New Zealand; and (g) must ensure that the people who control the exercise of the privileges of the AOC spend the majority of their time in New Zealand. (5) A New Zealand AOC with ANZA privileges may be issued on any other conditions that the Director thinks appropriate. (6) In subsection (2), licensing authority has the same meaning as in Part 8A. Section 11G: inserted, on 30 March 2007, by section 8 of the Civil Aviation Amendment Act 2004 (2004 No 8). 11H Action by Director when CASA gives Australian temporary stop notice to holder of New Zealand AOC with ANZA privileges (1) After the Director receives notification from CASA that CASA has given the holder of a New Zealand AOC with ANZA privileges an Australian temporary stop notice, the Director must— (a) immediately consider the circumstances that gave rise to the giving of the notice; and (b) decide, as soon as practicable and in accordance with the ANZA mutual recognition agreements, whether he or she should— (i) suspend in whole or in part the New Zealand AOC with ANZA privileges under section 17; or (ii) revoke in whole or in part the New Zealand AOC with ANZA privileges under section 18; or (iii) impose conditions on the New Zealand AOC with ANZA privileges under section 17 or section 18; or (iv) take any other action in relation to that New Zealand AOC holder. (2) The Director must notify CASA of his or her decision and of any action taken. Section 11H: inserted, on 30 March 2007, by section 8 of the Civil Aviation Amendment Act 2004 (2004 No 8). 11I Change of country of certification (1) This section applies if the Director believes on reasonable grounds that— (a) it would be in the interests of Australian and New Zealand civil aviation safety for the holder to conduct air operations in the Australian civil aviation system; and (b) the holder of a New Zealand AOC with ANZA privileges is no longer able to comply with all the conditions specified in section 11G(4). (2) If this section applies, the Director must— (a) consult with CASA; and (b) notify the holder— (i) that the Director believes on reasonable grounds that the holder is no longer able to comply with all the conditions specified in section 1 1G(4); and (ii) of the grounds for the Director’s belief; and (c) allow the holder at least 90 days from the date of the Director’s notification under paragraph (b) to refute and comment on the Director’s belief. (3) If, after the process referred to in subsection (2) has been properly completed, the Director is satisfied that, in the interests of Australian and New Zealand civil aviation safety, the holder should no longer exercise ANZA privileges, the Director may— (a) amend the New Zealand AOC with ANZA privileges: (b) withdraw the privileges attaching to the AOC. (4) Any person in respect of whom a decision is taken under subsection (3) may appeal against that decision to a District Court under section 66. Section 11I: inserted, on 30 March 2007, by section 8 of the Civil Aviation Amendment Act 2004 (2004 No 8). 11J Delegation of Australian powers relating to Australian AOCs with ANZA privileges to employees of Authority An employee of the Authority may, subject to any directions from the Director of CASA, perform any function or exercise any power delegated to that employee under the Civil Aviation Act 1988 (Aust) for the purpose of enabling that employee to perform the function or exercise the power in New Zealand in respect of Australian AOCs with ANZA privileges. Section 11J: inserted, on 30 March 2007, by section 8 of the Civil Aviation Amendment Act 2004 (2004 No 8). Part 2 Functions, powers, and duties of participants in the civil aviation system 12 General requirements for participants in civil aviation system (1) Every person who does anything for which an aviation document is required (in the succeeding provisions of this section called a participant) shall ensure that the appropriate aviation documents and all the necessary qualifications and other documents are held by that person. (2) Every participant shall comply with this Act, the relevant rules or regulations made under this Act, and the conditions attached to the relevant aviation documents. (3) Every participant shall ensure that the activities or functions for which the aviation document has been granted are carried out by the participant, and by all persons for whom the participant is responsible, safely and in accordance with the relevant prescribed safety standards and practices. (4) Every participant who holds an aviation document that authorises the provision of a service within the civil aviation system— (a) shall, if so required by rules made under this Act, establish and follow a management system that will ensure compliance with the relevant prescribed safety standards and the conditions attached to the document; and (b) shall provide training and supervision to all employees of the participant who are engaged in doing anything to which the document relates, so as to maintain compliance with the relevant prescribed safety standards and the conditions attached to the document and to promote safety; and (c) shall provide sufficient resources to ensure compliance with the relevant prescribed safety standards and the conditions attached to the document. Section 12(2): amended, on 11 April 2008, by section 5 of the Civil Aviation Amendment Act 2007 (2007 No 89). Section 12(4)(c): amended, on 28 November 1991, by section 3 of the Civil Aviation Amendment Act 1991 (1991 No 116). 13 Duties of pilot-in-command The pilot-in-command of an aircraft shall— (a) be responsible for the safe operation of the aircraft in flight, the safety and well-being of all passengers and crew, and the safety of cargo carried; and |
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