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from a particular aviation activity. Such an order may have the effect of precluding
the approval or acceptance of an appointment while the order is in force.
Civil Aviation Safety Regulations 1998 (CASR)
Office of Legal Counsel CASR – 1st Edition – January 2003
Civil Aviation Safety Authority Replacement Page – Amdt No. 6 – January 2004
Part 173 — 32
(2) For the application of subregulation (1) in relation to an applicant that
is a body corporate, references to the applicant include each of the
officers (other than employees) of the applicant.
(3) 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) the record of any interview under this Subpart; and
(c) anything else in its records about the applicant; and
(d) the results of any demonstration or inspection under this Subpart.
(4) 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.
(5) If the applicant makes a written submission within the specified time,
CASA must take the submission into account.
(6) In deciding whether to grant a procedure design certificate or a
procedure design authorisation to an applicant who was previously a
certified designer or an authorised designer and whose certification or
authorisation was cancelled under this Subpart, CASA must take into
account:
(a) the fact of the cancellation; and
(b) the reasons for the cancellation given at the time of the
cancellation; and
(c) any information that the applicant submits to show that the
applicant could now properly design terminal instrument flight
procedures of the type or types to be covered by the certificate or
authorisation.
(7) However, in making a decision in relation to an applicant referred to
in subregulation (6), CASA is not obliged to reconsider, or inquire
into the circumstances of, the cancellation.
173.345 CASA may grant certificate or authorisation subject to
conditions
(1) CASA may grant a procedure design certificate or procedure design
authorisation subject to any condition that CASA considers necessary
to impose in the interests of the safety of air navigation.
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page – Amdt No. 6 – January 2004 Civil Aviation Safety Authority
Part 173 — 33
(2) In particular, CASA may grant a procedure design certificate or
procedure design authorisation subject to a condition requiring its
holder to permit an authorised inspector (within the meaning given by
Division 173.E.5) to exercise the powers of an authorised inspector
under that Division in relation to the certificate or authorisation.
(3) However, such a condition is not taken to require the holder to permit
the exercise of those powers:
(a) unless the inspector first shows his or her identity card to the
holder, or another person on behalf of the holder, if asked to do
so by the holder or other person; or
(b) at a time other than during normal business hours.
(4) Such a condition is not taken to authorise the inspector to use force to
any extent in exercising those powers.
173.350 When decision must be made
(1) If CASA does not make a decision about an application under this
Part within 6 months after receiving it, CASA is taken to have refused
the application.
(2) However, if CASA makes a request under regulation 173.320,
173.325 or 173.330, the time between when CASA makes the
request, and when the applicant conducts the demonstration, attends
the interview, or gives CASA the information or copy requested, does
not count towards the period.
(3) Also, if CASA invites an applicant to make a written submission
under subregulation 173.340 (4), the time between when CASA gives
the invitation and when the applicant makes the submission does not
count towards the period.
173.355 Notice of decision
(1) After making a decision on an application under this Part, CASA
must notify the applicant in writing, as soon as practicable:
(a) of the decision; and
(b) if the decision was to refuse the application, or to grant the
relevant procedure design certificate or procedure design
authorisation subject to a condition not sought by the
applicant — of the reasons for the decision.
　
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