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(2) If CASA asks an applicant to have an officer come for interview
under subregulation (1), CASA need not begin to consider, or may
stop considering, the application until the applicant’s officer or
officers participates or participate in the interview.
(3) In subregulations (1) and (2), officer of an applicant has the same
meaning as in regulation 139.925.
139.945 Other things CASA can ask applicant to do — provide more
information
(1) If CASA reasonably needs more information or another document to
allow it to consider an application, CASA may ask the applicant in
writing to give it information, or a copy of a document, specified in
the request.
(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.
139.950 Statutory declarations to verify applications
(1) CASA may ask an applicant 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.
139.955 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 139.950.
(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.
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page – Amdt No. 1: Effective 3 May 2003 Civil Aviation Safety Authority
Part 139 — 72
(3) If the applicant makes a written submission within the specified time,
CASA must take the submission into account.
(4) CASA must take into account the applicant’s financial standing.
(5) When deciding whether to approve an applicant that was previously
approved as an ARFFS provider, but whose approval was cancelled,
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 139.935 that
the person submits.
139.960 Statutory declarations to verify statements in submissions
(1) CASA may ask an applicant to verify any statement in a submission
under subregulation 139.955 (3) by statutory declaration.
(2) CASA must, in making a decision on the application concerned, take
such a submission into account.
(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.
139.965 When CASA must grant approval
(1) If a person has applied for approval as an ARFFS provider in
accordance with these Regulations, CASA must grant the approval if:
(a) the person satisfies the criteria (however described) for the grant
of the approval; and
(b) other requirements for the grant of the approval by or under these
Regulations by or in relation to the person are satisfied; and
(c) no provision of the Act, or another provision of these
Regulations, forbids CASA to grant the approval, or makes the
person ineligible for the grant of the approval; and
(d) granting the approval would not be likely to have an adverse
effect on the safety of air navigation.
(2) CASA may grant the approval in respect of only some of the matters
sought in the application.
(3) CASA may approve an application only if CASA approves the
applicant’s draft operations manual.
(4) CASA must not approve the draft operations manual unless the draft
manual complies with the relevant requirements in the Manual of
Standards.
(5) CASA may grant the approval subject to:
(a) any conditions specified in these Regulations, or in Civil
Aviation Orders, as applicable to the approval; and
(b) any other condition necessary in the interests of the safety of air
navigation.
Civil Aviation Safety Regulations 1998 (CASR)
　
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