Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:4:p1
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 4 (pt 1/27)
Character Range: 62570–65502

4     Approval as an ATS provider            A reason mentioned in regulation 172.315

11.033  Applications by agents
 (1) If a person (the agent) applies on behalf of an applicant for an authorisation covered by subregulation (2), the application must include a declaration from the agent stating that:
 (a) the agent has received from the applicant the signed declaration required by paragraph 11.034(1)(b); and
 (b) the application has been prepared in accordance with the information provided by the applicant.
Note: Sections 136.1, 137.1 and 137.2 of the Criminal Code create offences for making false or misleading statements in applications and providing false or misleading information or documents.
 (2) For the purposes of subregulation (1), this subregulation covers the following authorisations:
 (a) a remote pilot licence under Division 101.F.3 authorising the holder to operate an RPA;
 (b) an authorisation of a kind determined under subregulation (3) for the purposes of this paragraph.
 (3) For the purposes of subsection 98(5A) of the Act and paragraph (2)(b) of this regulation, CASA may, by instrument, determine kinds of authorisations.
Note: For the application of the Legislation Act 2003 to an instrument under this subregulation, see subsections 98(5AA) to (5D) of the Civil Aviation Act 1988.
 (4) A person (the agent) commits an offence of strict liability if:
 (a) the agent is subject to a requirement to include a declaration in an application in accordance with subregulation (1); and
 (b) the agent fails to comply with the requirement.
Penalty: 30 penalty units.

11.034  Requirements for applications made by agents

Requirements for the applicant
 (1) If a person (the applicant) authorises another person (the agent) to make an application on the applicant's behalf for an authorisation covered by subregulation 11.033(2), the applicant must give the agent:
 (a) any information and documents required by the agent to make the application; and
 (b) a signed declaration stating that:
 (i) the applicant has authorised the agent to make the application on the applicant's behalf; and
 (ii) the information provided by the applicant to the agent for the making of the application (including information in any documents so provided) is true and correct.
Note: Sections 136.1, 137.1 and 137.2 of the Criminal Code create offences for making false or misleading statements in applications and providing false or misleading information or documents.
 (2) A person (the applicant) commits an offence of strict liability if:
 (a) the applicant is subject to a requirement to give a signed declaration to an agent in accordance with subregulation (1); and
 (b) the applicant fails to comply with the requirement.
Penalty: 30 penalty units.

Requirement to keep declarations (or copy)—agents and applicants
 (3) A person, other than CASA, who makes, or receives, a declaration under regulation 11.033 or