28AAMatters that CASA may have regard to in issuing an AOC in relation to certain flights by foreign registered aircraft

#### 28AA Matters that CASA may have regard to in issuing an AOC in relation to certain flights by foreign registered aircraft (1) For the purposes of subsection 28(1A), the matters which CASA may have regard to are: (a) evidence of any serious safety deficiencies in relation to the applicant’s operations in another country; and (b) evidence of the applicant’s ability and willingness to address those safety deficiencies; and (c) evidence relating to the authority or authorities responsible for: (i) the safety oversight of the applicant’s operations; and (ii) the registration, certification and airworthiness of aircraft used by the applicant in its operations or to be used under the AOC sought; and (d) evidence relating to the management and control of the applicant’s operations. (2) For the purposes of paragraph (1)(a), examples of the kinds of evidence of serious safety deficiencies include all or any of the following: (a) a report that identifies serious safety deficiencies; (b) the applicant’s failure to address deficiencies identified during ramp inspections, or similar inspections, carried out by the aviation authority of another country or group of countries; (c) the fact that another country or group of countries has imposed an operating ban on the applicant because of deficiencies relating to international aviation safety standards; (d) information relating to an accident or serious incident that indicates systemic safety deficiencies in relation to the applicant’s operations. (3) For the purposes of paragraph (1)(b), examples of the kinds of evidence of the applicant’s ability and willingness to address safety deficiencies include either or both of the following: (a) how the applicant responds to requests from CASA for information about the safety aspects of the applicant’s operations; (b) if the applicant has presented a plan for corrective action to CASA, the aviation authority of another country or group of countries, ICAO or another relevant body or organisation—whether the corrective action proposed is appropriate and sufficient. (4) For the purposes of paragraph (1)(c), examples of the kinds of evidence mentioned in that paragraph include all or any of the following: (a) how a relevant authority responds to concerns or issues raised by CASA about: (i) the safety of the applicant’s operations; or (ii) the safety of aircraft used by the applicant or another carrier licensed or certified by that authority; (b) a relevant authority’s reputation for implementing and enforcing relevant aviation safety standards, including: (i) audits and related corrective action plans established under ICAO’s Universal Safety Oversight Audit Programme or any other similar program; and (ii) whether the applicant’s authorisation (however described) by the authority is not, or is no longer, recognised by another country or group of countries; and (iii) if the applicant’s authorisation was not issued by the authority of the country in which the applicant has its principal place of business—that fact; (c) in relation to aircraft used by the applicant in the country in which the aircraft is registered—whether the aviation authority of that country administers its obligations in accordance with the Chicago Convention. (5) For the purposes of paragraph (1)(d), examples of the kinds of evidence relating to the management and control of the applicant’s operations include either or both of the following: (a) whether a person who is participating in, or is likely to participate in, managing the applicant’s operations is not a fit and proper person to participate in the management of the operations of a holder of an AOC; (b) whether a person who has, or is likely to have, effective control over the applicant’s operations is not a fit and proper person to have effective control over the applicant’s operations.