Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.067

Imposing and varying conditions after grant of authorisation

  (1)   After the grant of an authorisation, CASA may, in accordance with this regulation, impose a condition on the authorisation or vary a condition of the authorisation.

  (1A)   CASA may impose or vary a condition only if CASA considers that it is necessary:

  (a)   for an authorisation, other than an authorisation to which subregulation   11.055(1B) applies or an experimental certificate--in the interests of the safety of air navigation; or

  (b)   for an authorisation to which subregulation   11.055(1B) applies--in the interests of preserving a level of aviation safety that is at least acceptable; or

  (c)   for an authorisation that is an experimental certificate--in the interests of the safety of other airspace users or persons on the ground or water.

  (2)   If CASA proposes, under subregulation   (1), to impose a condition on an authorisation or vary a condition of an authorisation, CASA must give written notice of the proposed condition or variation to the holder of the authorisation.

  (3)   The notice must specify a reasonable period within which the holder may make a submission in relation to the proposed condition or variation.

  (4)   If the holder makes a submission under subregulation   (3) within the period specified in the notice, CASA must take the submission into account in determining whether it is necessary to impose or vary the condition:

  (a)   for an authorisation, other than an authorisation to which subregulation   11.055(1B) applies or an experimental certificate--in the interests of the safety of air navigation; or

  (b)   for an authorisation to which subregulation   11.055(1B) applies--in the interests of preserving a level of aviation safety that is at least acceptable; or

  (c)   for an authorisation that is an experimental certificate--in the interests of the safety of other airspace users or persons on the ground or water.

  (5)   If:

  (a)   after the end of the period specified under subregulation   (3); and

  (b)   having taken account of any submission made by the holder within that period;

CASA is satisfied that it is necessary, for the reason mentioned in paragraph   (4)(a), (b) or (c), CASA may impose or vary the condition.

  (6)   CASA must give the holder of the authorisation written notice of its decision.

  (7)   A condition imposed, or a variation of a condition, under this regulation takes effect on the date of the notice under subregulation   (6) or at a later time specified in the notice.

  (8)   This regulation does not apply to the imposition of a condition on a class of authorisations under regulation   11.068.


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