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30DC Suspension
(1) Where CASA has reason to believe that the holder of a civil aviation
authorisation has engaged in, is engaging in, or is likely to engage in,
conduct that contravenes section 30DB, CASA may suspend the
authorisation by giving written notice to the holder.
Note: CASA is not required to give the holder a show cause notice before making a
decision under this subsection.
(2) The notice of the decision must include a summary of Subdivisions C and
D. However, a failure to include such a summary does not affect the
validity of the notice.
(3) The suspension ends at the end of the fifth business day after the day on
which the holder was notified of the suspension, unless before that time
CASA makes an application to the Federal Court under section 30DE.
Note: If CASA makes an application in time, the suspension continues in force until it
comes to an end under the rules in section 30DJ.
30DD CASA may suspend despite other processes
(1) CASA may make a decision under section 30DC in relation to a civil
aviation authorisation even if CASA has given the holder of the
authorisation the show cause notice required before making a decision
under another provision of this Act or the regulations.
(2) A suspension of a civil aviation authorisation under section 30DC has
effect despite a stay (whether or not a stay under section 31A) of an
earlier decision to vary, suspend or cancel the authorisation.
Subdivision C — Court order in relation to the serious and imminent risk prohibition
30DE Application for and making of order
(1) If CASA suspends a civil aviation authorisation under section 30DC,
CASA may, before the end of the fifth business day after the day on
which the holder of the authorisation was notified of the suspension,
apply to the Federal Court for an order under this section.
Civil Aviation Act 1988 45
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
(2) If the Federal Court is satisfied that there are reasonable grounds to
believe that the holder has engaged in, is engaging in, or is likely to
engage in, conduct that contravenes section 30DB, the Court must make
an order that prohibits the holder from doing anything that is authorised
by the authorisation but that, without the authorisation, would be
unlawful.
(3) In deciding under subsection (2), the Federal Court must have regard to
section 3A and subsection 9A(1).
(4) Subject to section 30DF, an order continues in force for the period
determined by the Federal Court when making the order, being the period
(not more than 40 days) that the Court considers reasonable to allow
CASA to complete an investigation into the circumstances that gave rise
to CASA’s decision to suspend the authorisation.
30DF Court may vary period of order
(1) On application by CASA or the holder of the civil aviation authorisation,
the Federal Court may:
(a) extend (but not for more than 28 days); or
(b) shorten;
the period determined by the Court in relation to an order under
subsection 30DE(4) (the original period).
(2) An application under subsection (1) must be made before the end of the
original period.
(3) CASA may apply only once to extend the period of an order.
(4) If the Court has heard and determined an application under subsection (1)
in relation to an order, no further applications to vary the period of that
order may be made.
(5) If:
(a) a party (being CASA or the holder of the civil aviation authorisation
concerned) applies to vary the period of an order; and
(b) before the Court determines the application, the other party also
applies to vary the period of the order;
the Court must hear the applications together.
46 Civil Aviation Act 1988
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
(6) If an application is made to vary the period of an order, the order
continues in force until the day worked out under the table.
Period of order when an application to vary is made
Item If... the order continues in force until...
1 the holder applies
to shorten the
period and CASA
does not apply to
extend it
the earlier of:
(a) the last day of the original period; and
(b) if the Court grants the application—the day determined by the
Court in granting the application.
2 CASA applies to
extend the period
of the order and
the holder does not
apply to shorten it
whichever of the following applies:
　
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