CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 201.004 Review of decisions
CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 201.004
Review of decisions"authorisation" : see regulation 11.015.
(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 |
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 |
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 | |
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:
(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.