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New Page – Amdt No. 11 – December 2004 Civil Aviation Safety Authority
Part 11 — 9
(4) In deciding whether granting an authorisation to an applicant would
be likely to have an adverse effect on the safety of air navigation,
CASA may take into account:
(a) the applicant’s record of compliance with regulatory
requirements (in Australia or elsewhere) relating to aviation
safety and other transport safety; and
(b) the applicant’s demonstrated attitude towards compliance with
regulatory requirements (in Australia or elsewhere) relating to
aviation safety and other transport safety; and
(c) the applicant’s experience (if any) in aviation; and
(d) the applicant’s knowledge of the regulatory requirements
applicable to civil aviation in Australia; and
(e) the applicant’s history, if any, of serious behavioural problems;
and
(f) any conviction (other than a spent conviction, within the meaning
of Part VIIC of the Crimes Act 1914) of the applicant (in
Australia or elsewhere) for a transport safety offence; and
(g) any evidence held by CASA that the applicant has contravened:
(i) the Act, CASR or CAR; or
(ii) a law of another country relating to aviation safety; or
(iii) another law (of Australia or of another country) relating to
transport safety; and
(h) in the case of an authorisation referred to in subregulation
11.040 (2), the applicant’s financial standing and financial
stability; and
(i) any other matter relating to the fitness of the applicant to hold the
authorisation.
(5) For the application of paragraphs (4) (a) to (i) in relation to an
applicant that is a corporation, references to the applicant include
each of the officers (other than employees) of the applicant.
(6) For the application of paragraphs (4) (a) to (i) in relation to an
applicant that is a member of a partnership, references to the applicant
include each of the other members of the partnership.
(7) CASA may grant the authorisation in respect of only some of the
matters sought in the application.
(8) CASA may grant an authorisation subject to:
(a) any conditions applicable to the authorisation under CASR; and
(b) any other condition necessary in the interests of the safety of air
navigation.
Note 1 The Act directly authorises the imposition of conditions on an AOC (Act,
sections 28BA and 28BB).
Note 2 The conditions applicable to an authorisation may be set out in a document
called an Operational Specification that forms part of the authorisation document.
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 — 10
11.060 Notice of decision
(1) After making a decision on an application, CASA must:
(a) if the decision was to grant the authorisation applied for, and not
to impose any condition not sought by the applicant:
(i) send or give to the applicant a document that is evidence
that the applicant holds the authorisation; or
(ii) if there is no such document, tell the applicant in writing
that the applicant has been approved; or
(b) if the decision was to refuse to grant the authorisation, or to
impose a condition not sought by the applicant — tell the
applicant in writing, as soon as practicable, of the decision, and
the reasons for it.
Note Most decisions in relation to authorisations are reviewable by the
Administrative Appeals Tribunal — see section 31 of the Act, regulation 297A of
CAR and regulation 201.004. Section 27A of the Administrative Appeals Tribunal
Act 1975 requires that a person affected by a reviewable decision be given notice of
the existence of the right of review.
(2) A failure by CASA to comply with paragraph (1) (b) in relation to a
decision does not invalidate the decision.
11.065 When authorisation comes into effect
An authorisation comes into effect:
(a) on a day stated for that purpose in a document that is evidence of
the holding of the authorisation, or in any relevant notice under
paragraph 11.060 (1) (b); or
(b) if no day is so stated — on the date of the document or notice.
Note Some kinds of authorisation continue indefinitely unless cancelled. Others
cease (unless sooner cancelled) at a time set by another provision of these
Regulations. Yet others cease (unless sooner cancelled) at a time set by CASA,
subject to a maximum duration.
11.070 Conditions of authorisations — notice to CASA of certain
matters
(1) It is a condition of an authorisation that its holder tells CASA in
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