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(a) anything in the application or in any other document submitted
by the applicant; and
(b) the results of any demonstration of a service; and
(c) anything in its records about the applicant.
(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. 11 — December 2004 Civil Aviation Safety Authority
Part 171 — 18
(3) If the applicant makes a written submission within the specified time,
CASA must take the submission into account.
171.185 When CASA must grant an approval
Subject to section 30A of the Act, if a person has applied for the grant
of an approval CASA must grant the approval if:
(a) the person satisfies the requirements for the grant of the
approval; and
(b) any 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 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.
171.190 When decision must be made
If CASA does not make a decision about an application within 90
days after receiving it, CASA is taken to have refused the application.
171.195 Decision-making period may be extended
(1) If CASA makes a request under regulation 171.175, the time between
when CASA makes the request, and when the applicant gives CASA
the information or copy requested, does not count towards the period
mentioned in regulation 171.190.
(2) Also, if CASA invites an applicant to comment under paragraph
171.180 (2) (b), the time between when CASA gives the invitation
and when the applicant comments does not count towards the period
mentioned in regulation 171.190.
171.200 Notice of decision
After making a decision on an application for an approval, 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.
171.205 Approvals
(1) CASA may approve an application only if CASA approves the
applicant’s draft operations manual.
(2) CASA may approve an application subject to 1 or more conditions,
including a condition that restricts:
(a) the kind of telecommunication or radionavigation service to be
provided; or
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 171 — 19
(b) the way in which a service is provided; or
(c) the coverage of a service; or
(d) the time during which a service is provided.
(3) In particular, CASA may impose, on an approval, any condition
necessary to give effect to an arrangement mentioned in
subsection 11 (3) of the Air Services Act 1995.
171.210 When approval comes into effect
An approval comes into effect on the date of the notice of the
decision.
171.215 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, an approval.
(2) CASA must give the service provider written notice of the imposition
or variation, and must specify a reasonable period within which the
approval holder 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
(b) a later time stated for the purpose in the notice.
171.220 Suspension and cancellation of approvals
(1) CASA may state, in a show cause notice, that an 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:
(a) if the approval is already suspended when the show cause notice
　
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