Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.374H

Notice to accreditation holder to show cause

Show cause notice--cancellation or suspension

  (1)   CASA may give a show cause notice to a person who holds an accreditation (the accreditation holder ) if there are reasonable grounds for believing that there are facts or circumstances that would justify the suspension or cancellation of the accreditation under regulation   101.374J.

  (2)   A show cause notice must:

  (a)   tell the accreditation holder of the facts and circumstances that, in CASA's opinion, would justify the suspension or cancellation of the accreditation; and

  (b)   invite the accreditation holder to show in writing, within a reasonable time stated in the notice, why the accreditation should not be suspended or cancelled.

Immediate suspension if serious risk to the safety of air navigation

  (3)   The accreditation is suspended from the time the show cause notice is given to the accreditation holder, if:

  (a)   CASA reasonably considers that there may be a serious risk to the safety of air navigation if the accreditation were not suspended; and

  (b)   the show cause notice states that the accreditation is suspended for that reason.

  (4)   CASA may at any time revoke the suspension.

  (5)   If the accreditation is suspended under subregulation   (3):

  (a)   the accreditation holder is taken not to be the holder of an accreditation during the period of suspension; and

  (b)   the accreditation is not in force while suspended; and

  (c)   the period of the accreditation under paragraph   101.374G(b) continues to run; and

  (d)   if CASA has not dealt with the suspension under regulation   101.374J within 90 days after the day the accreditation is suspended, the suspension lapses at the end of that period (if it is not earlier revoked under subregulation   (4) of this regulation or subregulation   101.374J(2)).

Note:   Regulation   201.004 provides for review of certain decisions by the Administrative Appeals Tribunal.



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