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Part 173 — 30
Subpart 173.E Administration
Note This Subpart is an interim measure while a separate Part of these Regulations
dealing with regulatory administrative procedures is being developed.
Division 173.E.1 Application for, and grant of, procedure design
certificates and procedure design authorisations and
related matters
173.320 Request for information
(1) If CASA reasonably needs more information or another document to
allow it to consider an application under this Part, CASA may, by
written notice, ask the applicant to give to it the information,
document or a copy of the document, specified in the notice.
(2) If CASA asks for more information, a document, 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, document or copy.
173.325 Other things CASA can ask applicant to do — interview
(1) CASA may, by written notice, ask an individual who is an applicant
under this Part to attend an interview at a reasonable place and time
specified in the notice.
(2) In the case of an applicant that is a body corporate, CASA may, by
written notice, ask the applicant, in writing, to have a specified officer
or specified officers of the applicant attend an interview at a
reasonable place and time specified in the notice.
(3) CASA must give to the applicant a copy of the record of any
interview conducted under subregulation (1) or (2).
(4) If CASA makes a request under subregulation (1) or (2), CASA need
not begin to consider, or may stop considering, the application until
the applicant complies with the notice.
173.330 CASA may require demonstrations of equipment etc
(1) CASA may, by written notice, ask an applicant under this Part:
(a) to give a practical demonstration of the ability of the applicant to
carry on the design work sought under the application; or
(b) to demonstrate the operation of any facility or equipment to be
used in the course of carrying on that work; or
(c) to allow CASA to inspect the relevant facility or equipment
(whether or not it is operating).
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page – Amdt No. 6 – January 2004 Civil Aviation Safety Authority
Part 173 — 31
(2) If CASA asks an applicant to allow CASA to inspect any relevant
facility or equipment or asks an applicant to conduct a demonstration
under subregulation (1), CASA need not begin to consider, or may
stop considering, the application until the applicant allows the
inspection or conducts the demonstration.
173.335 Grant of procedure design certificate or procedure design
authorisation
(1) Subject to regulation 173.340 and section 30A of the Act, if an
applicant has applied for the grant of a procedure design certificate or
procedure design authorisation in accordance with this Part, CASA
must grant the certificate or the authorisation, if:
(a) the applicant meets the criteria specified in this Part for the grant
of the certificate or authorisation; and
(b) any other requirements in relation to the applicant specified in
these Regulations are satisfied; and
(c) no provision of these Regulations forbids CASA to grant the
certificate or authorisation, or makes the applicant ineligible for
the certificate or authorisation; and
(d) granting the certificate or authorisation would not be likely to
have an adverse effect on the safety of air navigation.
(2) CASA may grant a procedure design certificate or procedure design
authorisation in respect of only some of the matters sought in the
application.
173.340 Material that CASA may or must take into account
(1) In deciding whether granting a procedure design certificate or
procedure design authorisation would be likely to have an adverse
effect on the safety of air navigation, CASA may take into account the
following:
(a) the individual’s record of compliance with regulatory
requirements (in Australia or elsewhere) relating to aviation
safety and other transport safety;
(b) the experience of the individual in aviation;
(c) the individual’s knowledge of the regulatory requirements
applicable to civil aviation in Australia;
(d) any evidence held by CASA that the individual has contravened:
(i) the Act or these Regulations; 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.
Note Section 30A of the Act allows the Court to make an order excluding a person
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