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Old 14th Mar 2024, 11:35
  #34 (permalink)  
werbil
 
Join Date: Feb 2007
Location: Darwin, Australia
Age: 53
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Originally Posted by Lead Balloon
When you say “[w]ithout CASA EX82/21 it would be an air transport operation”, you don’t specify what “it” is.
By "it" I mean the scenario [QUOTE]If i work for a non-aviation related company who hire out a plane and get me to fly them to and from job sites, does the company (or me) require an AOC?[/QUOTE] in the opening post of this thread.



But you omitted to acknowledge that the definition has more than one exception. As is obvious from the definition you quoted, there are actually 5 exceptions (assuming my counting of (a) to (e) inclusive is correct). (Those 5, plus the overarching hire and reward criterion in the definition of 'air transport operation', mean - at least in my mind - that there are 6 criteria that can have the effect of excluding a scenario from the definition.)
I'm trying to keep the reply concise, which is why I omitted the other options.

What are your thoughts on this scenario:

One of the partners in a business is the owner and registered operator of an aircraft. That partner is being carried with other passengers – who happen to be some of the other partners and employees in the business – on the aircraft for a flight from A to B. The pilot is paid muchos dollars by the owner/registered operator to fly the aircraft from A to B. The owner/registered operator was going to pay that to the pilot, whether or not the other partners and employees were on board. The owner/registered operator claims the cost on her tax return, as a work-related expense.

Walk me through why that scenario doesn’t satisfy the criteria in paragraph (e) of the exception to the definition of “passenger transport operation” you quoted at #31.

The owner/registered operator of the aircraft is an individual. That individual is being carried as a passenger. There are other passengers on board. But no payment or reward is made or given in relation to the carriage of the passengers other than the owner/registered operator. Remember: The owner/registered operator was obliged to and going to pay the same amount for the flight, anyway.
The key question is how the court system interprets
​​​​​​​(iii) for which no payment or reward is made or given in relation to the carriage of the other persons or cargo.
I can't answer that one - I simply don't know.

​​​​​​​And you can’t cheat by pretending that some definition in a CASA exemption is relevant to the interpretation of CASR. That would be naughty. Ditto not understanding what a partnership is (and - perhaps more importantly - is not).
I concur that the definitions in the exemption is not relevant to the interpretation of the CASRs. I don't have enough knowledge about partnerships to be able to comment from that perspective.
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