Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:5:p46
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 5 (pt 46/117)
Character Range: 3621091–3623932

to an approval as an ATS provider.

172.260  When CASA must approve an applicant
 (1) Subject to regulation 11.055 and subregulation (2), if an applicant has applied for approval as an ATS provider under this Part, CASA must grant the approval.
 (2) CASA must refuse an application for an approval for an air traffic service to be provided in particular airspace, or for a particular aerodrome, if anyone else who is an ATS provider already provides that service in that airspace or for that aerodrome.
Note: Under regulation 201.004, an application may be made to the Administrative Review Tribunal for review of:
(a) a decision refusing to issue, or cancelling, suspending or varying, an approval; or
(b) a decision imposing a condition on an approval.

172.265  When decision must be made
 (1) If CASA does not make a decision about an application within the period mentioned in subregulation (2) after receiving it, CASA is taken to have refused the application.
 (2) The period is 6 months.
 (3) However, if CASA makes a request under regulation 11.035, 11.040 or 11.045, the time between when CASA makes the request, and when the applicant conducts the demonstration, comes in for interview, or gives CASA the information or copy requested, does not count towards the period.
 (4) Also, if CASA asks an applicant to make a statutory declaration under regulation 11.047 or subregulation 11.050(3A), the time between when CASA asks the applicant to do so and when the applicant gives CASA the statutory declaration does not count towards the period.
 (5) Also, if CASA invites an applicant to make a written submission under subregulation 11.050(2), the time between when CASA gives the invitation and when the applicant makes the written submission does not count towards the period.
 (6) In this regulation:
application includes an application to vary an approval under this Division.

172.270  Conditions
  Without limiting regulations 11.056 and 11.067, CASA may impose, on an approval, any condition necessary to give effect to an arrangement mentioned in subsection 11(3) of the Air Services Act 1995.

Division 172.F.4—Directions to amend provider's operations manual

172.300  CASA may direct amendments to provider's operations manual
 (1) If necessary in the interests of the safety of air navigation, CASA may direct an ATS provider, in writing, within a reasonable period specified in the direction, to amend its provider's operations manual in a way specified in the direction.
 (2) CASA may extend the period by written notice, before or after the end of the period referred to in subregulation (1).

Division 172.F.5—Suspension and cancellation of approvals

172.305  Definition for this Division
  In this Division:
show cause notice means a notice under regulation 172.320.

172.310  Suspension of approval by show cause