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(4) CASA may approve the applicant subject to any condition necessary
in the interests of the safety of air navigation.
172.265 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.
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 172 — 25
(2) The period is 6 months.
(3) However, if CASA makes a request under regulation 172.230,
172.235 or 172.240, 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 172.245 or 172.255, 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
172.250 (2), the time between when CASA gives the invitation and
when the applicant comments does not count towards the period.
172.270 Notice of decision
After making a decision on an application, CASA must tell the
applicant in writing, as soon as practicable:
(a) the decision; and
(b) if the decision was to refuse the application, or to approve the
applicant subject to a condition not sought by the applicant —
the reasons for the decision.
172.275 Certificate about approval
(1) If CASA approves an applicant as an ATS provider, CASA must
issue to the applicant a certificate setting out:
(a) what the approval is; and
(b) any conditions applicable to it; and
(c) when it came into effect, and when it will end (if not sooner
cancelled); and
(d) any other information CASA thinks should be included.
(2) CASA may issue a replacement certificate if anything set out on a
certificate is no longer correct.
172.280 Return of certificate if approval cancelled
(1) If CASA has issued a certificate about an approval, and the approval
is cancelled, the person to whom the certificate was issued must
return it to CASA immediately.
Penalty: 1 penalty unit.
Note A person is not guilty of an offence of failing to do something that he or she
is not capable of doing: see section 4.2 of the Criminal Code.
(2) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
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 172 — 26
(3) It is a defence to a charge of contravening subregulation (1) that the
defendant returned the certificate to CASA as soon as practicable.
Note A defendant bears an evidential burden in relation to the matter mentioned in
subregulation (3).
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 172 — 27
Division 172.F.3 Variation of approvals
172.285 Applicability of this Division
This Division applies in relation to variation of an approval (including
imposing, removing or varying a condition applicable to the
approval).
172.290 Application for variation
(1) An ATS provider may apply to CASA to vary its approval.
(2) Division 172.F.2 applies to the application except that the provider
need not give CASA information, or a document, that the provider
has already given to CASA.
172.295 CASA’s power to vary condition of approval
(1) If necessary in the interests of the safety of air navigation, CASA may
impose a condition on, or vary a condition of, an ATS provider’s
approval.
(1A) In particular, CASA may impose, on an approval, any condition
necessary to give effect to an arrangement mentioned in
subsection 11 (3) of the Air Services Act 1995.
(2) CASA must give the provider written notice of the imposition or
variation, and must specify a reasonable period within which the
provider may make a submission in relation to the imposition or
variation.
(3) Unless CASA withdraws the condition or variation, the condition or
variation has effect at:
(a) the end of that period; or
(b) a later time stated for the purpose in the notice.
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