CIVIL AVIATION ACT 1988 - SECT 31A Automatic stay of certain reviewable decisions

CIVIL AVIATION ACT 1988 - SECT 31A

  (1)   This section applies to a decision under this Act or the regulations that is reviewable by the Administrative Appeals Tribunal if, before making the decision, CASA was required by this Act or the regulations to give a show cause notice to the holder of the civil aviation authorisation concerned.

  (2)   This section does not apply to a decision under section   30DI or a decision under the regulations to cancel a licence, certificate or authority on the ground that the holder of that licence, certificate or authority has contravened a provision of this Act or the regulations (including the regulations as in force by virtue of a law of a State).

  (3)   If this section applies to a decision, the operation of the decision is stayed by force of this section.

  (4)   The stay ceases to have effect at the end of the fifth business day after the day CASA notified the holder of the decision, unless, before the end of that fifth business day, the holder applies to the Tribunal for an order under subsection   41(2) of the Administrative Appeals Tribunal Act 1975 .

  (5)   If the holder applies to the Tribunal as mentioned in subsection   ( 4), the stay continues to have effect until the Tribunal makes an order under subsection   41(2) of the Administrative Appeals Tribunal Act 1975 or decides that no order should be made.

  (6)   If the holder applies to the Tribunal as mentioned in subsection   ( 4), the holder must give a copy of the application to CASA as soon as practicable after lodging it with the Tribunal.