Civil Aviation Order 82.0 Instrument 2014 (Cth)

Civil Aviation Order 82.0 Instrument 2014 as amended

made under paragraph 28BA (1) (b) and subsection 98 (4A) of the Civil Aviation Act 1988, subregulations 5 (1) and 209 (1) of the Civil Aviation Regulations 1988 and subsection 33 (3) of the Acts Interpretation Act 1901.

This compilation was prepared on 2 December 2021 taking into account amendments up to Civil Aviation Order (Flight Operations) Repeal and Amendment Instrument 2021 (No. 1). It is a compilation of Civil Aviation Order 82.0 Instrument 2014 as amended and in force on 2 December 2021.

Prepared by the Advisory and Drafting Branch, Legal, International and Regulatory Affairs Division, Civil Aviation Safety Authority, Canberra.

Compilation No. 5

Civil Aviation Order 82.0 Instrument 2014

1A Name of instrument (1)This instrument is the Civil Aviation Order 82.0 Instrument 2014. (2)This instrument may be cited as Civil Aviation Order 82.0. (3)A reference in an instrument to section 82.0 of the Civil Aviation Orders is a reference to this instrument.

1 Application This Order applies to Air Operators' Certificates authorising the flying or operation of an aircraft for a purpose prescribed by regulation 206 of CAR and sets out conditions to which such certificates are subject for the purposes of paragraph 28BA (1) (b) of the Act.

2 Definitions 2.1In this Part: Act means the Civil Aviation Act 1988. AFM means aircraft flight manual. certificate means an Air Operator's Certificate issued by CASA under Division 2 of Part III of the Act. GPS means Global Positioning System. MTOW means maximum take-off weight.

3 Conditions relating to "borrowed" certificates 3.1Each certificate authorising the operation of a glider for the purpose prescribed by paragraph 206 (c) of CAR is subject to the condition that its holder ("the AOC holder") must not, without the prior written approval of CASA, enter into an arrangement with a person whose certificate is suspended or cancelled ("the other person") under which the AOC holder agrees: (a) to use, in any operation covered by the AOC holder's certificate, any aircraft that the other person was authorised to operate under the certificate that is suspended or cancelled; or (b) to use, in connection with any operation covered by the AOC holder's certificate, any person employed or engaged by, or otherwise working for, the other person in connection with any operation covered by the certificate that is suspended or cancelled; or (c) to conduct any operation, or any part of an operation, that the other person intended to conduct under the certificate that is suspended or cancelled. 3.2 Each certificate authorising the operation of a glider for the purpose prescribed by paragraph 206 (c) of CAR is subject to the condition that its holder ("the AOC holder") must not, without the prior written approval of CASA, enter into an arrangement with a person whose certificate has been varied ("the other person"), under which the AOC holder agrees: (a) to use, in any operation covered by the AOC holder's certificate, any aircraft that the other person: (i) was, immediately before the variation, authorised to operate under the other person's certificate; but (ii) is no longer authorised to operate under the certificate as varied; or (b) to use, in connection with any operation covered by the AOC holder's certificate, any person employed or engaged by, or otherwise working for, the other person in connection with any operation that the other person: (i) was, immediately before the variation, authorised to conduct under the other person's certificate; but (ii) is no longer authorised to conduct under the certificate as varied; or (c) to conduct any operation, or any part of an operation that the other person: (i) intended to conduct under the other person's certificate as it had effect immediately before the variation; but (ii) is no longer authorised to conduct under the certificate as varied. 3.3Each certificate authorising the operation of a glider for the purpose prescribed by paragraph 206 (c) of CAR is subject to the condition that its holder ("the AOC holder") must not, without the prior written approval of CASA, enter into an arrangement with a person whose application for a certificate is still pending ("the other person") under which the AOC holder agrees: (a) to use, in any operation covered by the AOC holder's certificate, any aircraft proposed to be covered by the certificate sought; or (b) to use, in connection with any operation covered by the AOC holder's certificate, any person proposed to be employed or engaged by the other person in connection with any operation proposed to be covered by the certificate sought; or (c) to conduct any operation, or any part of an operation, proposed to be covered by the certificate sought.