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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 201.004

Review of decisions

  (1)   In this regulation:

"authorisation" : see regulation   11.015.

Decisions made by CASA

  (2)   An application may be made to the Administrative Appeals Tribunal for the review of a decision of CASA mentioned in table 201.004.

 

Table 201.004   Reviewable decisions

Item

A decision...

1

under a provision of these Regulations:

(a) refusing to grant or issue an authorisation; or

(b) cancelling or suspending an authorisation otherwise than on the application of the authorisation - holder; or

(c) varying an authorisation otherwise than on the application of the authorisation - holder; or

(d) refusing to vary an authorisation

2

under a provision of these Regulations imposing a condition on, or varying a condition of, an authorisation otherwise than on the application of the authorisation - holder

2A

under Subpart   11.D refusing, because of regulation   47.131B, to cancel the registration of an aircraft

3

under Division   11.F.1 or 11.F.2 refusing to grant an exemption

4

under regulation   21.043 refusing to consider an application for a type certificate

4A

under subregulation   21.176(5) or Division   132.D.2:

(a) to assign a permit index number to the aircraft; or

(b) to refuse to assign a new permit index number requested by the aircraft's registered operator

5

under regulation   21.855 refusing approval to remove or alter information on a critical part

6

under regulation   21.870 agreeing that it is impractical to mark information on a part

7

under subregulation   39.004(2) or (3) refusing to issue an instrument of approval or exclusion

8

under regulation   39.007 refusing to revoke or amend an Australian airworthiness directive

8A

under regulation   42.640 directing that an authorisation issued by a continuing airworthiness management organisation to a pilot licence holder be changed or cancelled

9

under regulation   45.060 refusing approval to place a design, mark or symbol on an aircraft

10

under regulation   45.065 refusing approval to display different markings

10A

under regulation   45.070 refusing approval to display different markings, or no markings, for the purposes of an exhibition

10B

under regulation   45.100 refusing approval to display different words, or no words, for the purposes of an exhibition

10C

under regulation   45.135 refusing approval of a method of displaying aircraft markings

11

under regulation   45.140 refusing approval to attach an aircraft identification plate other than in accordance with regulation   45.125

12A

under regulation   47.110 refusing, because of subregulation   47.110(9), to amend the Australian Civil Aircraft Register and give a certificate of registration

13

under regulation   47.131C or 47.132 cancelling the registration of an aircraft

14

under regulation   47.175 assigning fewer dealer's marks to an aircraft dealer than were applied for by the dealer

15

under Subpart   67.B refusing to appoint a person as a DAME or DAO

16

under regulation   67.095 cancelling the appointment of a person as a DAME or DAO

17

under regulation   90.010 refusing to exclude an aircraft or aeronautical product from the operation of a provision of Part   90

17A

under subregulation   91.980(1) imposing conditions on the operation of foreign registered aircraft in Australian territory

17B

under subregulation   119.105(1) directing an Australian air transport operator to change its exposition

17C

under subregulation   119.105(2) directing an Australian air transport operator to remove key personnel

17D

under subregulation   119.135(5) directing a head of flying operations of an Australian air transport operator to undertake an assessment

17E

under subregulation   119.145(5) directing a head of training and checking of an Australian air transport operator to undertake an assessment

17F

under subregulation   119.165(2) directing an Australian air transport operator that key personnel of the operator must have additional qualifications or experience

17G

under subregulation   119.165(3) directing key personnel of an Australian air transport operator to undertake an examination, interview or training

17H

under subregulation   131.115(1) directing a balloon transport operator to change its exposition

17J

under subregulation   131.115(2) directing a balloon transport operator to remove key personnel

17K

under subregulation   131.145(3) directing a head of flying operations of a balloon transport operator to undertake an assessment

17L

under subregulation   131.175(2) directing a balloon transport operator that key personnel of the operator must have additional qualifications or experience

17M

under subregulation   131.175(3) directing key personnel of a balloon transport operator to undertake an examination, interview or training

18

under regulation   137.040 refusing to approve a standard operations manual

19

under subregulation   137.045(6) refusing to accept:

(a) an application for an AOC submitted later than required under subregulation   137.045(1); or

(b) a manual or schedule of differences that is submitted later than required under subregulation   137.045(4); or

(c) an application for the variation of an AOC submitted later than required under subregulation   137.045(5)

20

under regulation   137.080 refusing to approve a proposed amendment to an operations manual

21

under regulation   137.085 refusing to approve a proposed amendment to a schedule of differences

22

under regulation   137.090 refusing to approve a proposed amendment to a standard operations manual

23

under subregulation   138.068(1) directing an aerial work operator to change its operations manual

23A

under subregulation   138.068(2) directing an aerial work operator to remove key personnel

23B

under subregulation   138.090(4) directing a head of operations of an aerial work operator to undertake an assessment

23C

under subregulation   138.100(5) directing a head of training and checking of an aerial work operator to undertake an assessment

23D

under subregulation   138.120(2) directing an aerial work operator that key personnel of the operator must have additional qualifications or experience

23E

under subregulation   138.120(3) directing key personnel of an aerial work operator to undertake an examination, interview or training

24

under regulation   139.125, refusing to impose, or to vary, a condition on an aerodrome certificate in relation to the operation of an aerodrome ground surveillance system

25

under subregulation   141.100(1) directing a Part   141 operator to change its operations manual

25A

under subregulation   141.100(2) directing a Part   141 operator to remove key personnel

25B

under subregulation   141.125(3) directing a head of operations of a Part   141 operator to undertake an assessment

25C

under subregulation   141.155(2) directing a Part   141 operator that key personnel of the operator must have additional qualifications or experience

25D

under subregulation   141.155(3) directing key personnel of a Part   141 operator to undertake an examination, interview or training

25E

under subregulation   142.155(1) directing a Part   142 operator to change its exposition

25F

under subregulation   142.155(2) directing a Part   142 operator to remove key personnel

25G

under subregulation   142.185(6) directing a head of operations of a Part   142 operator to undertake an assessment

25H

under subregulation   142.215(2) directing a Part   142 operator that key personnel of the operator must have additional qualifications or experience

25J

under subregulation   142.215(3) directing key personnel of a Part   142 operator to undertake an examination, interview or training

26

under subregulation   149.120(2) giving a direction to an ASAO

27

under regulation   149.490 giving a direction to an ASAO

28

under regulation   149.495 varying, suspending or cancelling an authorisation issued by an ASAO

29

under regulation   149.630 affirming, varying, setting aside or remitting an internal review decision of an ASAO

Note:   See also section   31 of the Act.

Decisions made by other decision - makers

  (3)   Applications may be made to the Administrative Appeals Tribunal for review of a decision mentioned in subregulation   (5) that is made:

  (a)   under a provision of these Regulations; and

  (b)   by a person mentioned in subregulation   (4) who may make the decision under the provision.

  (4)   For paragraph   (3)(b), the persons are the following:

  (a)   an authorised person;

  (b)   an examiner;

  (c)   an instructor;

  (d)   the holder of an approval under regulation   61.040, 141.035 or 142.040;

  (e)   a limited category organisation.

  (5)   For subregulation   (3), the decisions are the following:

  (a)   a decision refusing to grant or issue an authorisation;

  (b)   a decision varying an authorisation otherwise than on the application of the authorisation - holder;

  (c)   a decision refusing to vary an authorisation;

  (d)   a decision imposing a condition on, or varying a condition of, an authorisation otherwise than on the application of the authorisation - holder;

  (e)   under subregulation   21.176(5) or Division   132.D.2, a decision by a limited category organisation:

  (i)   to assign a permit index number to a limited category aircraft; or

  (ii)   to refuse to assign a new permit index number requested by the registered operator of a limited category aircraft.

Note:   Section   27A of the Administrative Appeals Tribunal Act 1975 requires a person who makes a reviewable decision to give a person, whose interests are affected by the decision, notice of:

(a)   the making of the decision; and

(b)   the person's right to have the decision reviewed.


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