Commonwealth Consolidated Regulations

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CIVIL AVIATION REGULATIONS 1988 - REG 297A

Review of decisions

         (1)    In this regulation:

"aircraft endorsement" has the same meaning as in regulation 5.01.

"decision" has the same meaning as in the Administrative Appeals Tribunal Act 1975 .

"reviewable decision" means:

               (b)    a refusal by CASA to approve a change to a certificate of approval under subregulation 30A (3); or

              (ba)    a refusal by CASA under subregulation 33B (1) to issue an authority; or

             (bb)    a decision by CASA under subregulation 33B (2) to issue an airworthiness authority subject to conditions; or

              (bc)    a refusal by CASA under regulation 33D to grant an aircraft welding authority; or

             (bd)    a refusal by CASA under regulation 33G to renew an aircraft welding authority; or

              (be)    a refusal by CASA under regulation 33H to approve a change to an aircraft welding authority; or

              (bf)    a decision by CASA under regulation 33I to impose a condition on an aircraft welding authority; or

                (c)    a refusal by CASA to approve a system of maintenance under subregulation 42M (2); or

               (d)    a refusal by CASA to approve a change to an approved system of maintenance under subregulation 42R (1) or (2); or

                (e)    a refusal by CASA to approve a system of certification of completion of maintenance under subregulation 42ZG (1); or

                (f)    a refusal by CASA to approve a change to a system of certification of completion of maintenance under subregulation 42ZK (1); or

                (g)    a refusal by CASA under subregulation 42ZS to grant an exemption from, or a variation of, a requirement to which Division 7 applies; or

                (h)    a decision by CASA under subregulation 42ZS (2) to grant or approve an exemption or variation mentioned in paragraph (h) subject to conditions; or

              (ha)    a decision under subregulation 42ZW (2) not to approve the appointment of a person to be a maintenance controller; or

              (hb)    a decision under subregulation 42ZW (3) to approve the appointment of a person to be a maintenance controller subject to conditions; or

              (hc)    a decision under subregulation 42ZX (1) to suspend or cancel the approval of a person's appointment as a maintenance controller; or

              (hd)    a decision by CASA under subregulation 55A (2) not to approve a change to a flight manual; or

                 (i)    a decision by CASA under subregulation 5.14 (2) not to issue, or renew, a flight crew rating; or

                (j)    a decision by CASA under subregulation 5.20 (5) to revoke a person's approval to give flying training for the issue of a flight crew rating, or grade of flight crew rating; or

               (k)    a decision by CASA under subregulation 5.21 (5) to revoke a person's approval to give aeroplane conversion training or helicopter conversion training; or

                 (l)    a decision by CASA under subregulation 5.23 (2) not to issue an aircraft endorsement; or

               (m)    a decision by CASA under subregulation 5.34 (1) not to appoint a person to be an airship instructor; or

                (n)    a decision by CASA under subregulation 5.36 (1) to cancel an airship instructor's appointment; or

              (na)    a decision by CASA under subregulation 5.38 (1) to require a person to undertake an examination; or

               (o)    a decision by CASA under subregulation 5.44 (1) not to grant an exemption from the requirements of regulation 5.42; or

               (p)    a decision by CASA under subregulation 5.48 (1) to revoke a general exemption from the requirements of regulation 5.42; or

               (q)    a decision by CASA under subregulation 5.58 (5) to revoke an approval of a person's appointment as a chief flying instructor; or

              (qa)    a decision by CASA under subregulation 5.215 (2) not to approve a course for the training of multi‑crew (aeroplane) pilots; or

              (sa)    a decision by CASA under subregulation 262AN (1) not to approve an organisation to administer the operation of limited category aircraft engaged in a special purpose operation mentioned in subregulation 21.189 (3) of CASR; or

              (sb)    a decision by CASA under subregulation 135A (4) not to issue a special flight authorisation; or

              (sc)    a decision under regulation 181G not to approve an application for an RVSM airworthiness approval; or

              (sd)    a decision under regulation 181I to suspend an RVSM airworthiness approval; or

              (se)    a decision under regulation 181J to cancel an RVSM airworthiness approval; or

               (sf)    a decision under regulation 181M not to approve an application for an RVSM operational approval; or

              (sg)    a decision under regulation 181O to suspend an RVSM operational approval; or

              (sh)    a decision under regulation 181P to cancel an RVSM operational approval; or

                (v)    a decision by CASA under subregulation 265 (1) or 268 (1) to suspend a flight crew rating, an aircraft endorsement, an airworthiness authority or an aircraft welding authority; or

               (w)    a decision by CASA under subregulation 269 (1) to vary, suspend or cancel a flight crew rating, an aircraft endorsement, an airworthiness authority or an aircraft welding authority; or

             (wa)    a decision by CASA that it is satisfied as mentioned in subregulation 298A (4); or

                (x)    a decision by CASA or an authorised person under regulation 303A to impose a condition, being a decision that is not a reviewable decision within the meaning of section 31 of the Act; or

                (y)    a decision by CASA under regulation 99.415 of CASR to vary, suspend or cancel a civil aviation authorisation.

         (2)    Application may be made to the Administrative Appeals Tribunal for the review of a reviewable decision.



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