Quote:
210 Restriction of advertising of commercial operations
(1) A person must not give a public notice, by newspaper advertisement, broadcast statement or any other means of public announcement, to the effect that a person is willing to undertake by use of an Australian aircraft any commercial operations if the last‑mentioned person has not obtained an Air Operator’s Certificate authorising the conduct of those operations.
Penalty: 10 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
and from the Oxford dictionary:
Quote:
Definition of advertisement
noun
a notice or announcement in a public medium promoting a product, service, or event or publicizing a job vacancy: advertisements for alcoholic drinks
(advertisement for) informal a person or thing regarded as a means of recommending something: unhappy clients are not a good advertisement for the firm
Origin: late Middle English (denoting a statement calling attention to something): from Old French advertissement, from the verb advertir (see advertise)
Just a "little thing" I know, but remember Direct Air and CAR 206.
OK, lets start with 210. Firstly, I don't see anything in the web site that says Goldair is willing to undertake
NOW a flight from Bendigo to Melbourne. They are saying that at some time in the future they will undertake such flights. At this point you can't be prosecuted for an intention to run an RPT service or any other commercial service if it comes to that, only for actually conducting such a service.
As to advertisements, forget the Oxford dictionary or any other for that matter. The law has long decided that an advertisement is an offer to treat. In other words it opens up negotiations but is
not binding. In contract law there are 3 very basic elements; an offer to treat, an acceptance & consideration. For example, you go into a shop and see a sign that says "$5/kg for XXX". You go to the shopkeeper and say I want a kg of XXX please and here is $5. He says that will be $7 please. You say but the sign says $5. He says that is only an offer to treat, you offered $5 but my acceptance is only for $7.
The Directair example is not relevant as, apart from being a shocking decision at law, they were actually operating the flights. Goldair
may be in the process of actually applying for a limited capacity RPT AOC and have no intention of doing anything until they have that document.
Please note I have nothing to do with the company and shall be watching developments with interest.