Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 173.380

Suspension or cancellation of procedure design certificate or procedure design authorisation by CASA

             (1)  CASA may, by written notice given to a certified designer or authorised designer, suspend or cancel the designer's procedure design certificate or procedure design authorisation if there are reasonable grounds for believing that the designer:

                     (a)  has breached a condition of the certificate or authorisation; or

                     (b)  has contravened a provision of this Part; or

                     (c)  does not meet, or continue to meet, a requirement of this Part for getting or holding the certificate or authorisation; or

                     (d)  has otherwise been guilty of conduct that renders the designer's continued holding of the certificate or authorisation likely to have an adverse effect on the safety of air navigation.

             (2)  Before suspending or cancelling a certified designer's procedure design certificate or an authorised designer's procedure design authorisation, CASA:

                     (a)  must give written notice to the designer of the facts or circumstances that, in the opinion of CASA, amount to grounds for the suspension or cancellation of the certificate; and

                     (b)  must invite the designer to show cause in writing, within 30 days after the date of the notice, why the certificate or authorisation should not be suspended or cancelled; and

                     (c)  must take into account any written representations made, within the time allowed under paragraph (b), by or on behalf of the designer explaining why the certificate should not be cancelled.

Note:          Most decisions in relation to certificates and authorisations are reviewable by the Administrative Appeals Tribunal.  See section 31 of the Act and regulation 201.4.



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