CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.050 Material that CASA may or must take into account

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.050

  (1)   In making a decision on an application, CASA may take into account:

  (a)   anything in the application or in any other document submitted, or information provided, by the applicant; and

  (b)   the record or results of any test or interview under regulation   11.035; and

  (c)   anything else in its records about the applicant; and

  (d)   the results of any demonstration or inspection under regulation   11.045.

  (2)   However, if CASA proposes to take into account anything adverse to an applicant in its records, CASA must, before making a decision adverse to the applicant (including a decision to grant the application sought but to do so subject to a condition not sought by the applicant):

  (a)   tell the applicant in writing that it intends to take the material into account, and the substance of what it intends to take into account; and

  (b)   invite the applicant in writing to make, within a specified reasonable time, a written submission about the matter.

  (3)   Subject to subregulation   (3B), if the applicant makes such a submission within the specified time, CASA must take the submission into account.

  (3A)   CASA may ask the applicant to verify, by statutory declaration, any statement made by the applicant in a submission.

  (3B)   If CASA asks an applicant to verify a statement under subregulation   (3A), CASA need not begin to consider, or may stop considering, the application until CASA receives the statutory declaration.

  (4)   When deciding whether to grant a new authorisation to an applicant who or that held, or was otherwise connected with, an authorisation (or a right, licence or permission similar to an authorisation granted under the law of another country) that was cancelled otherwise than at the request of the holder, CASA must take into account:

  (a)   the fact of the cancellation; and

  (b)   the reasons for the cancellation, as given by the cancelling authority at the time of the cancellation; and

  (c)   any evidence that the applicant submits about the applicant's capacity to exercise the powers or privileges or carry out the functions that would be conferred by the authorisation applied for, if it were granted.

  (5)   For subregulation   (4), an applicant was connected with an authorisation (including a right, licence or permission similar to an authorisation granted under the law of another country) if:

  (a)   where the applicant is an individual (including a member of a partnership)--the applicant was a member or officer of the holder of the authorisation; or

  (b)   where the applicant is a corporation--an officer of the applicant was a member or officer of the holder of the authorisation.

  (6)   When considering an application referred to in subregulation   (4), CASA is not obliged to reconsider, or inquire into the circumstances of, the cancellation.

Subpart   11.BA -- Granting authorisations etc