Civil Aviation Order 82.0 Amendment Order (No. 1) 2005 (Cth)

I, William Bruce Byron, Director of Aviation Safety, on behalf of CASA, make this instrument under paragraph 28BA (1) (b) of the Civil Aviation Act 1988.

[Signed Bruce Byron]

Bruce Byron

Director of Aviation Safety and

   Chief Executive Officer

30 August 2005

Civil Aviation Order 82.0 Amendment Order (No. 1) 2005

1          Name of instrument

            This instrument is the Civil Aviation Order 82.0 Amendment Order (No. 1) 2005.

2          Commencement

            This instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.

3           Amendment of Civil Aviation Order 82.0

             Schedule 1amends Civil Aviation Order 82.0.

Schedule 1          Amendment

[1]       After subsection 3B

insert

3C       Conditions relating to charter substitutions

3C.1     In this subsection:

scheduled flight means a flight:

(a)   advertised to persons generally; and

(b)   in accordance with fixed schedules; and

(c)   to and from fixed terminals.

3C.2     A certificate authorising regular public transport, or charter, operations is subject to the condition that its holder must not enter into a charter substitution arrangement unless CASA has given written approval for the arrangement.

3C.3     For this subsection, a charter substitution arrangement is an arrangement:

(a)   between the holder of a certificate authorising charter operations (the charter operator) and another person; and

(b)   that provides for the charter operator to carry a passenger who has entered into a contract of carriage with the other person to be carried on a scheduled flight or a flight substituting it.

3C.4     However, an arrangement is not a charter substitution arrangement if the charter operator:

(a)   is the holder of a certificate authorising regular public transport operations on the same route as the flight mentioned in subparagraph 3C.3 (b); and

(b)   conducts the flight in accordance with the authorisation.

3C.5     For paragraph 3C.2, an approval may contain conditions that are necessary in the interests of the safety of air navigation.