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Part 11 — 7
(d) the results of any demonstration or inspection under regulation
11.045.
(2) However, if CASA proposes to take into account anything adverse to
an applicant in its records, CASA must, before making a decision
adverse to the applicant (including a decision to grant the application
sought but to do so subject to a condition not sought by the applicant):
(a) tell the applicant in writing that it intends to take the material
into account, and the substance of what it intends to take into
account; and
(b) invite the applicant in writing to make, within a specified
reasonable time, a written submission about the matter.
(3) If the applicant makes such a submission within the specified time,
CASA must take the submission into account.
(4) When deciding whether to grant a new authorisation to an applicant
who or that held, or was otherwise connected with, an authorisation
(or a right, licence or permission similar to an authorisation granted
under CAR or the law of another country) that was cancelled
otherwise than at the request of the holder, CASA must take into
account:
(a) the fact of the cancellation; and
(b) the reasons for the cancellation, as given by the cancelling
authority at the time of the cancellation; and
(c) any evidence that the applicant submits about the applicant’s
capacity to exercise the powers or privileges or carry out the
functions that would be conferred by the authorisation applied
for, if it were granted.
(5) For subregulation (4), an applicant was connected with an
authorisation (including a right, licence or permission similar to an
authorisation granted under CAR or the law of another country) if:
(a) where the applicant is an individual (including a member of a
partnership) — the applicant was a member or officer of the
holder of the authorisation; or
(b) where the applicant is a corporation — an officer of the applicant
was a member or officer of the holder of the authorisation.
(6) When considering an application referred to in subregulation (4),
CASA is not obliged to reconsider, or inquire into the circumstances
of, the cancellation.
11.055 Grant of authorisation
(1) Subject to section 30A and paragraphs 30DY (2) (b), 30DZ (2) (b)
and 30EC (2) (b) of the Act, if a person has applied for the grant of an
authorisation in accordance with CASR, CASA must grant the
authorisation if:
(a) the person meets the criteria specified in CASR for the grant of
the authorisation; and
(b) any other requirements in relation to the person specified in
CASR for the grant of the authorisation are met; and
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
New Page – Amdt No. 11 – December 2004 Civil Aviation Safety Authority
Part 11 — 8
(c) CASR does not forbid CASA granting the authorisation in the
particular case; and
(d) granting the authorisation would not be likely to have an adverse
effect on the safety of air navigation.
Note Section 30A of the Act allows the Court to make an order excluding a person
from a particular aviation activity. Such an order has the effect that the person may
not hold a civil aviation authorisation to undertake the activity while the order is in
force.
(2) In paragraph (1) (a), a reference to meeting the criteria for the grant of
an authorisation includes (in the case of an applicant who is an
individual):
(a) having any qualifications required by or under CASR for the
grant of the authorisation; and
(b) having any experience required by or under CASR for that grant;
and
(c) having successfully completed any training required by or under
CASR for that grant; and
(d) if there is a requirement as to recency or currency of the
applicant’s training or experience — meeting that requirement;
and
(e) if a standard of medical fitness is required by or under CASR for
that grant:
(i) having attained that standard; and
(ii) having been granted any medical certificate required; and
(f) if particular attributes of character are required by or under
CASR for that grant — having those attributes; and
(g) if a standard of proficiency in an activity is required by or under
CASR for that grant — meeting that standard of proficiency.
(3) If CASR limits in any way the number of authorisations of the
relevant kind that may be granted, CASA may refuse to grant the
authorisation if the limit will be exceeded if the authorisation is
granted.
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
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