Woomera is correct on the AOC issue. The inaccurate and irresponsible twaddle being peddled by people who should know better on another website will hopefully be corrected by that Association’s President. Or at least it should made clear that the people are speaking in their personal capacity and their views do not represent the views of the Association.
Subsection 27(8) of the Civil Aviation Act says:
An AOC is not transferable.
[my bolding]
When people say they have “bought” an AOC, what they usually mean is that they have purchased a controlling interest in a corporate entity which owns an AOC. In a case like this, the AOC continues to be owned by the same corporate entity. However, CASA will be all over it like a rash, to find out whether the new controllers and their key personnel, procedures etc comply with the regulatory requirements. If they don’t, CASA will suspend or cancel the AOC.
If you’re the holder of an AOC and considering “lending it” to someone, that is, letting them operate under the authority of your AOC, watch out:
CAO 82.0 subsection 3 imposes the following conditions on all AOCs authorising charter or RPT:
3 CONDITIONS RELATING TO “BORROWED” CERTIFICATES
3.1 Each certificate authorising charter or regular public transport operations 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 charter or regular public transport operations 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.
3.3 Each certificate authorising charter or regular public transport operations 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.
Even if those conditions don’t apply in the circumstances, just remember: if you have indeed ‘loaned’ your AOC to someone and they damage persons or property, it’s your AOC, insurance and house that’s on the line.