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Replacement Page Amdt No. 11 — December 2004 Civil Aviation Safety Authority
Part 143 — 15
(2) If CASA asks for more information, or a copy of a document, under
subregulation (1), CASA need not begin to consider, or may stop
considering, the application until the applicant gives it the
information or copy.
143.160 Statutory declarations to verify applications
(1) CASA may ask an applicant, in writing, to verify, by statutory
declaration, any statement in an application.
(2) If CASA asks an applicant to verify a statement under subregulation
(1), CASA need not begin to consider, or may stop considering, the
application until the applicant gives it the statutory declaration.
143.165 Matters that CASA may or must take into account
(1) In making a decision on an application, CASA may take into account:
(a) anything in the application or in any other document submitted
by the applicant; and
(b) anything in its records about the applicant; and
(c) the contents of any statutory declaration made by the applicant,
or an officer of the applicant, under regulation 143.160; and
(d) any demonstration of procedures or equipment conducted by the
applicant under regulation 143.145.
(2) However, before taking into account anything in its records about an
applicant, CASA must:
(a) tell the applicant, in writing, that it intends to do so, and the
substance of what CASA intends to take into account; and
(b) invite the applicant, in writing, to make a written submission
about the matter within a specified reasonable time.
(3) If the applicant makes a written submission within the specified time,
CASA must take the submission into account.
(4) When deciding whether to approve an applicant previously approved
as an ATS training provider and whose approval was cancelled under
regulation 143.235, CASA must take into account:
(a) the fact of the cancellation; and
(b) the reasons for the cancellation; and
(c) any evidence of the kind mentioned in regulation 143.140 that
the applicant submits.
143.170 Statutory declarations to verify statements in submissions
(1) CASA may ask an applicant, in writing, to verify any statement in a
submission under subregulation 143.165 (3) by statutory declaration.
(2) CASA must, in making a decision on the application concerned, take
such a submission into account.
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page Amdt No. 11 — December 2004 Civil Aviation Safety Authority
Part 143 — 16
(3) If CASA asks an applicant to verify a statement under subregulation
(1), CASA need not begin to consider, or may stop considering, the
application until the applicant gives it the statutory declaration.
143.175 When CASA must approve an applicant
(1) Subject to section 30A of the Act, if an applicant has applied for
approval as an ATS training provider in accordance with this Part,
CASA must approve the applicant if:
(a) the applicant is eligible to be approved; and
(b) any other requirements for the approval by or under these
Regulations by or in relation to the applicant are satisfied; and
(c) no provision of these Regulations forbids CASA to approve the
applicant, or makes the applicant ineligible for the approval; and
(d) approving the applicant would not be likely to have an adverse
effect on the safety of air navigation.
(2) CASA may approve the applicant subject to any condition necessary
in the interests of the safety of air navigation.
143.180 When decision must be made
(1) If CASA does not make a decision about an application within the
period mentioned in subregulation (2) after receiving it, CASA is
taken to have refused the application.
(2) The period is 6 months.
(3) However, if CASA makes a request under regulation 143.145,
143.150 or 143.155, the time between when CASA makes the
request, and when the applicant conducts the demonstration, comes in
for interview, or gives CASA the information or copy requested, does
not count towards the period.
(4) Also, if CASA asks an applicant to make a statutory declaration under
regulation 143.160 or 143.170, the time between when CASA asks
the applicant to do so and when the applicant gives CASA the
statutory declaration does not count towards the period.
(5) Also, if CASA invites an applicant to comment under subregulation
143.165 (2), the time between when CASA gives the invitation and
when the applicant comments does not count towards the period.
143.185 Notice of decision
After making a decision on an application, CASA must tell the
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