5Application

5 Application

5.1 Subject to paragraph 5.3, this Order applies, according to its terms, to:

(a) each AOC authorising Part 141 flight training (except in a flight simulation training device), Part 142 activity (except in a flight simulation training device), aerial work operations, charter operations or regular public transport operations; and

Note Part 141 flight training is conducted by a Part 141 operator, that is, by the holder of a Part 141 certificate: see subsection 2. Except in paragraph 2.2 and subsections 4, 10, 11 and 11B, a reference in this Order to an AOC is taken to include a Part 141 certificate: see paragraph 6.4.

(b) each flight crew member employed by an AOC holder.

5.2 Subject to paragraph 5.3, this Order sets out:

(a) for paragraph 28BA (1) (b) of the Act — conditions on each AOC mentioned in subparagraph 5.1 (a) (other than a Part 141 certificate that, for this Order, is included in the meaning of an AOC under paragraph 6.4; and

(b) for subregulation 11.068 (1) of CASR 1998 — conditions on each Part 141 certificate that, for this Order, is included in the meaning of an AOC under paragraph 6.4; and

Note Except in paragraph 2.2 and subsections 4, 10, 11 and 11B, a reference in this Order to an AOC is taken to include a Part 141 certificate: see paragraph 6.4. However, conditions on an actual AOC are imposed under paragraph 28BA (1) (b) of the Act, and conditions on an actual Part 141 certificate are imposed under subregulation 11.068 (1) of CASR 1998.

(c) for subregulation 11.068 (1) of CASR 1998 — conditions on the flight crew licence of each flight crew member mentioned in subparagraph 5.1 (b).

5.3 The condition set out in paragraph 16.1 applies to the holder of a flight crew licence whether or not the person is employed by an AOC holder.

Note Under regulation 11.077 of CASR 1998, it is an offence for a person holding a flight crew licence to contravene a condition of the licence.