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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 — 28
Division 172.F.4 Directions to amend provider’s operations manual
172.300 CASA may direct amendments to provider’s operations manual
(1) If necessary in the interests of the safety of air navigation, CASA may
direct an ATS provider, in writing, within a reasonable period
specified in the direction, to amend its provider’s operations manual
in a way specified in the direction.
(2) CASA may extend the period by written notice, before or after the
end of the period referred to in subregulation (1).
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 — 29
Division 172.F.5 Suspension and cancellation of approvals
172.305 Definition for this Division
In this Division:
show cause notice means a notice under regulation 172.320.
172.310 Suspension of approval by show cause notice
(1) CASA may state, in a show cause notice, that an ATS provider’s
approval is suspended if CASA reasonably considers that not
suspending the approval would be likely to have an adverse effect on
the safety of air navigation.
Note Regulation 201.4 provides for review of certain decisions by the
Administrative Appeals Tribunal.
(2) If a show cause notice states that the approval is suspended, the
approval is suspended from when the notice is given to the provider.
(3) CASA may revoke the suspension at any time.
(4) If CASA has not cancelled the approval under regulation 172.325,
within 90 days after the day the show cause notice is given to the
provider, the suspension lapses at the end of that period.
172.315 Grounds for cancellation of approval
It is grounds for the cancellation of an ATS provider’s approval if the
provider:
(a) has breached a condition of the approval; or
(b) has contravened the Act or these Regulations; or
(c) does not meet, or continue to meet, a requirement of this Part for
getting the approval; or
(d) has otherwise been guilty of conduct that renders the provider’s
continued holding of the approval likely to have an adverse effect
on the safety of air navigation.
Note Regulation 201.4 provides for review of certain decisions by the
Administrative Appeals Tribunal.
172.320 Notice to show cause
(1) CASA may give an ATS provider a show cause notice if there are
reasonable grounds for believing that there are facts or circumstances
that amount to grounds for the cancellation of the provider’s approval.
(2) A show cause notice must:
(a) tell the provider of the facts and circumstances that justify the
cancellation of the approval; and
(b) invite the provider to show in writing, within a reasonable period
stated in the notice, why the approval should not be cancelled.
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 — 30
(3) For paragraph (2) (b), the period must not be less than 7 days.
172.325 Cancellation of approval after show cause notice
(1) CASA may cancel an ATS provider’s approval only if:
(a) there exist facts or circumstances that amount to grounds for the
cancellation of the approval; and
(b) CASA has given the provider a show cause notice in relation to
the grounds for the proposed cancellation; and
(c) CASA has taken into account any written representations made,
within the period stated in the notice, by or on behalf of the
provider; and
(d) not cancelling the approval would be likely to have an adverse
effect on the safety of air navigation.
(2) If CASA has given a show cause notice to an ATS provider, and it
decides not to cancel the provider’s approval, it:
(a) must tell the provider, in writing, of the decision; and
(b) must, if the approval is suspended, revoke the suspension.
172.327 Cancellation if cooperation or arrangement ceases
(1) CASA must cancel the approval of a person mentioned in
subparagraph 172.024 (c) (i) if the cooperation mentioned in that
subparagraph ceases.
(2) CASA must cancel the approval of a person mentioned in
subparagraph 172.024 (c) (ii) if the arrangement mentioned in that
subparagraph ceases.
172.330 Cancellation at request of ATS provider
(1) Despite anything else in this Part, CASA must cancel an ATS
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