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172.235 Other things CASA can ask individual applicant to do —
interview
(1) CASA may ask an individual who is an applicant, in writing, to come
to a specified reasonable place at a specified reasonable time to be
interviewed.
(2) If CASA asks an applicant to come for interview, under subregulation
(1), CASA need not begin to consider, or may stop considering, the
application until the applicant participates in the interview.
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 172 — 23
172.240 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.
172.245 Statutory declarations to verify applications
(1) CASA may ask an applicant, in writing, 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.
172.250 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 172.245; and
(d) any demonstration of procedures or equipment conducted by the
applicant under regulation 172.230.
(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.
(3) If the applicant makes a written submission within the specified time,
CASA must take the submission into account.
(4) When deciding whether to approve an applicant previously approved
as an ATS provider and whose approval was cancelled under
regulation 172.325, 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 172.225 that
the applicant submits.
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 172 — 24
172.255 Statutory declarations to verify statements in submissions
(1) CASA may ask an applicant, in writing, to verify any statement in a
submission under subregulation 172.250 (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.
172.260 When CASA must approve an applicant
(1) Subject to section 30A of the Act, if an applicant has applied for
approval as an ATS provider in accordance with this Part, CASA
must approve the applicant if:
(a) the applicant is eligible to be approved; and
(b) any other requirements for the approval by or under these
Regulations by or in relation to the applicant are satisfied; and
(c) no provision of these Regulations forbids CASA to approve the
applicant, or makes the applicant ineligible for the approval; and
(d) approving the applicant would not be likely to have an adverse
effect on the safety of air navigation.
(2) CASA may approve the applicant for only some of the air traffic
services sought in the application.
(3) However, CASA must refuse an application for an approval for an air
traffic service to be provided in particular airspace, or for a particular
aerodrome, if anyone else who is an ATS provider already provides
that service in that airspace or for that aerodrome.
　
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