Gibbo,
I am not certain that you are correct .. perhaps one of our aviation and administrative law specialists might care to comment ?
The Act clearly requires CASA to ensure that certain things (procedures and persons) are in place and that the organisation has appropriate financial resources to do the job ..
The following extract from the relevant CASA procedures manual appears to suggest that a simple change in ownership is not a problem ... but unless a sale process kept the original incorporated entity, there appears to be a need to undergo a fresh application .. and I couldn't imagine anyone wanting to operate a company using a tainted ACN.
(the extract can be located easily on the CASA website)
3.2.3 Change of AOC Holder’s ACN
A company may not change its ACN. If CASA processes an application from a company with an ACN unknown to CASA, the company must be a different legal entity to any company known to CASA.
AOCs are not transferable, therefore the holder will need to apply for a new AOC and such applications must be made under paragraph (2)(a) or (3)(a) of the Form of Application (see 2.2 Sample Instrument of Approval of Form of Application for AOC).
and the following may be useful for background ...
3.2.4 Change of AOC Holder’s Organisation, Personnel or Structure
Sub-section 28(1) of the Act requires that CASA be satisfied about a number of matters in relation to an AOC application. These include the organisation, qualifications of personnel and management structure provided by the applicant. However, once an AOC has been issued the holder can change any of these matters without recourse to CASA. Sub-section 28(1) only relates to the assessment of the application for an AOC. Once an AOC is issued, there is nothing in the Act that requires the AOC holder to retain a particular structure, particular directors, or particular key personnel. However, section 28BF of the Act requires an AOC holder to ‘maintain an appropriate organisation, with a sufficient number of appropriately qualified personnel and a sound and effective management structure’. If any change to the organisation or personnel of an AOC holder
means that the holder no longer meets the requirements of section 28BF, then CASA can take appropriate action under other sections of the Act.
3.2.5 Change of Composition of Legal Entity
An AOC may be issued to two or more legal entities which constitute a partnership. Should one of the legal entities which comprise the AOC holder change, then obviously the AOC holder has changed.
AOCs are not transferable, therefore the remaining holder or holders will need to apply for a new AOC and such applications must be made under paragraph (2)(a) or (3)(a) of the Form of Application (see 2.2 Sample Instrument of Approval of Form for Application for AOC).
Last edited by john_tullamarine; 2nd Jun 2002 at 08:59.