The legislation allows for the mutual recognition of Air Operator Certicates (AOC) for the operation of aircraft with more than 30 seats or 15,000 kg, as issued by the Civil Aviation Safety Authority (CASA) in Australia and the Civil Aviation Authority of NZ (CAANZ). If CASA receives from CAANZ a copy of a notice of temporary stop that applies to the holder of an Australian AOC with ANZA privileges, CASA shall immediately review the notification and decide as soon as possible on the measures to be taken (if any) under the law or rules relating to the AOC or its holder: new subsection 28F (1). In deciding on the measures to be taken, the new subsection 28F (2) requires CASA to comply with ANZA`s mutual recognition agreements. The explanatory memorandum states that an AOC, issued to a certain extent (in whole or in part) for the purposes of ANZA mutual recognition agreements, must be expressed to that effect in order to be issued for that purpose. In February 2003, DOTARS sent an invitation to comment on the proposal for mutual recognition of aeronautical certificates. The list of organizations that have received a notice is available in Appendix 2. According to DOTARS, the comments received are included in the Regulation Impact Statement (RIS). The SIF paraphrases a number of comments. (26) Some of them reflect concerns about the impact of industry and employment in Australia already raised in this reference work.
Other positive remarks, for example.B. that the savings would be mainly administrative, but that they would be more beneficial if mutual recognition included airworthiness and maintenance authorisations. (27) Mutual recognition agreements relating to ANZA are the agreement, agreement or agreements or agreements or arrangements, as amended and in force from time to time, and which are listed in the provisions adopted for the purposes of this definition. The fourth condition is that CASA must be satisfied that it will be able to effectively settle all transactions covered by the AOC: new paragraph 28(1)(d). New paragraphs (i) -iv) list the different issues that must be taken into account by CASA in deciding on this issue. This is also a common requirement. If CASA considers that it is no longer able to regulate effectively, the explanatory memorandum suggests that the mutual recognition agreements provide for a transfer from the country of certification to New Zealand. The New Zealand Aviation Amendment Bill 2003 contains an amendment to the country`s certification rules (new section 11I), but does not contain the concept of effective regulation. It does, however, require that the holder of a New Zealand AOC with ANZA privileges be substantially resident in New Zealand: new subsections 11G (4) (d) – g). .