Civil Aviation Amendment Act 2004

8 New Part 1A inserted
  • The principal Act is amended by inserting, after Part 1, the following Part:

    Part 1A
    ANZA mutual recognition

    Preliminary provisions

    11A Purpose
    • The purpose of this Part is to implement the ANZA mutual recognition agreements.

    Australian AOCs with ANZA privileges

    11B Holder of Australian AOC with ANZA privileges entitled to conduct air operations in New Zealand
    • (1) The holder of an Australian AOC with ANZA privileges may conduct air operations to, from, or within New Zealand if the holder provides the Director with—

      • (a) a copy of the Australian AOC with ANZA privileges; and

      • (b) written notice of the following:

        • (i) the details of all conditions imposed by CASA in relation to the Australian AOC with ANZA privileges; and

        • (ii) the holder's Australian—

          • (A) business address; and

          • (B) telephone number; and

          • (C) fax number (if any); and

        • (iii) the holder's New Zealand—

          • (A) business address; and

          • (B) telephone number; and

          • (C) fax number (if any); and

        • (iv) the holder's email address (if any); and

        • (v) any other prescribed information; and

      • (c) the holder's consent in writing to the making of inquiries to, and the exchange of information with, CASA regarding that holder's civil aviation activities.

      (2) A holder of an Australian AOC with ANZA privileges must ensure that the Director is advised of every alteration to the Australian AOC with ANZA privileges or to the information provided by the holder to the Director within 7 days of the date on which the alteration is made.

    11C New Zealand temporary stop notice
    • (1) The Director may give the holder of an Australian AOC with ANZA privileges a written temporary stop notice that requires the holder to cease conducting all or any air operations in New Zealand for the period (which must not be more than 7 days) specified in the notice.

      (2) The Director may issue a New Zealand temporary stop notice only if the Director considers that, as a result of the holder conducting all or any air operations in New Zealand, there is a serious risk to civil aviation safety in New Zealand.

      (3) Immediately on receiving a New Zealand temporary stop notice, the holder must cease conducting the air operations specified in the notice in New Zealand for the period specified in the notice.

      (4) The Director may not delegate the power to issue or revoke a New Zealand temporary stop notice.

      (5) The Director may amend or revoke a New Zealand temporary stop notice before the period specified in that notice has expired.

      (6) The Director must revoke a New Zealand temporary stop notice if the Authority receives notification from CASA of the Director of CASA' s response to the New Zealand temporary stop notice.

    11D Contents of New Zealand temporary stop notice
    • (1) A New Zealand temporary stop notice must specify—

      • (a) the reasons why the Director considers that there is a serious risk to civil aviation safety in New Zealand; and

      • (b) the period for which the holder of the Australian AOC with ANZA privileges must cease conducting air operations in New Zealand.

      (2) Failure to comply with subsection (1) does not invalidate the New Zealand temporary stop notice.

    11E Director to notify CASA about New Zealand temporary stop notice
    • As soon as practicable after giving a New Zealand temporary stop notice to the holder of an Australian AOC with ANZA privileges, the Director must give CASA a copy of the notice and any other information that CASA may require.

    AOCs with ANZA privileges

    11F Requirements for AOCs with ANZA privileges
    • (1) Whenever the Director makes a decision under this Act in relation to a New Zealand AOC with ANZA privileges, the Director must take into account all relevant Australian and New Zealand regulatory requirements in relation to New Zealand AOCs with ANZA privileges.

      (2) In making a decision under this Act in relation to a New Zealand AOC with ANZA privileges, the Director—

      • (a) must, if appropriate, consult CASA; and

      • (b) may take into account any of the following items that the Director receives from CASA:

        • (i) advice:

        • (ii) guidelines:

        • (iii) recommendations:

        • (iv) other relevant information.

    11G Grant of New Zealand AOC with ANZA privileges
    • (1) The Director may, in accordance with this Act and any rules made under this Act, grant to an air operator in New Zealand an authorisation (called a New Zealand AOC with ANZA privileges) that will authorise the air operator to conduct air operations to, from, or within Australia.

      (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.

    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.

    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 11G(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.

    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.