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CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page – Amdt No. 1: Effective 3 May 2003 Civil Aviation Safety Authority
Part 139 — 73
(6) In particular, if the application is made by a person mentioned in
column 2 of item 1, 2, 5 or 6 of Table 139.925 in relation to an
ARFFS at the corresponding aerodrome, CASA may impose any
condition necessary to give effect to an arrangement mentioned in
subsection 11 (3) of the Air Services Act 1995.
139.970 When decision must be made
(1) If CASA does not make a decision about an application within 21
days after receiving it, CASA is taken to have refused the application.
(2) However, if CASA makes a request under regulation 139.940 or
139.945, the time between when CASA makes the request, and when
the applicant’s officer or officers participates or participate in the
interview, or gives CASA the information or copy requested, does not
count towards the period.
(3) Also, if CASA asks an applicant to make a statutory declaration under
regulation 139.950 or 139.960, 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.
(4) Also, if CASA invites an applicant to comment under subregulation
139.955 (2), the time between when CASA gives the invitation and
when the applicant comments does not count towards the period.
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 — 74
139.975 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 grant the
approval subject to a condition not sought by the applicant — the
reasons for the decision.
139.980 When approval comes into effect
An approval comes into effect:
(a) on a day stated in the notice under regulation 139.975; or
(b) if no day is so stated — on the date of the notice.
139.985 Certificate about approval
(1) CASA must issue to an approved ARFFS provider a certificate setting
out:
(a) the name and address of the provider; and
(b) if the approved provider is a corporation, its registered address
and ACN; and
(c) the date of effect of the approval; and
(d) the location and category level for each aerodrome at which the
provider is authorised to provide an ARFFS; and
(e) any conditions of the approval.
(2) CASA may issue a replacement certificate if anything set out on a
certificate is no longer correct.
139.990 Return of certificate if approval cancelled
(1) If CASA cancels the approval of an approved ARFFS provider, the
person who was the approved ARFFS provider must return the
person’s certificate 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.
(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. 1: Effective 3 May 2003 Civil Aviation Safety Authority
Part 139 — 75
139.995 Application for variation of approval
(1) An approved ARFFS provider may apply to vary its approval.
(2) Regulations 139.925 to 139.980 apply to the application except that
the applicant need not give CASA information, or a document, that
the applicant has already given to CASA.
139.1000 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, the approval of an
approved ARFFS provider.
(2) CASA must give the provider notice in writing 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
　
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