Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:15:p6
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 15 (pt 6/182)
Character Range: 147952–150720

21.1 modified.
 (2) This Part does not apply to hang gliders or paragliders.
Note: The Part 103 Manual of Standards may make provision in relation to airworthiness requirements for hang gliders and paragliders (see regulation 103.030).

21.001A  Definition for Subpart
  In this Subpart:
instrument means an approval, authorisation, certificate or permit issued under this Part.

21.002C  Suspension or cancellation of an instrument
 (1) CASA may suspend or cancel an instrument, by written notice given to its holder, if:
 (a) CASA is reasonably satisfied that the holder has made or caused to be made:
 (i) a fraudulent or intentionally false statement on the application for the instrument; or
 (ii) an intentionally false entry in a record or report that is required to be kept, made, or used to show compliance with any requirement for the issue or the exercise of the privileges of the instrument; or
 (iii) a reproduction for a fraudulent purpose of any instrument; or
 (iv) an alteration for a fraudulent purpose of any instrument; and
 (b) CASA has given the holder a show cause notice under regulation 21.002D in relation to the instrument; and
 (c) CASA has taken into account any representations made by or on behalf of the holder within the period stated in the notice.
 (2) A notice must set out:
 (a) the grounds for the suspension or cancellation; and
 (b) in the case of a suspension—when the suspension stops having effect.
 (3) An instrument that is suspended under this regulation has no force while it is suspended, but, if it was issued for a fixed term, the suspension period counts as part of the term.
 (4) If CASA suspends an instrument under this regulation, the holder cannot use it to meet the requirements for the issue of any other instrument during the period of suspension.
Source FARs section 21.2 modified.

21.002D  Show cause notices
 (1) CASA may give the holder of an instrument a show cause notice if there are reasonable grounds for believing that there are facts or circumstances that would justify the suspension or cancellation of the instrument under regulation 21.002C.
 (2) A show cause notice must be in writing and must:
 (a) inform the holder of the facts or circumstances that, in CASA's opinion, would justify the suspension or cancellation of the instrument; and
 (b) invite the holder to show cause, within the period stated in the notice, why the instrument should not be suspended or cancelled.
 (3) The period stated in the notice must be reasonable, having regard to all the circumstances of the case.

21.002E  Cancellation of certain certificates
 (2) If CASA cancels a type certificate, provisional type certificate, type acceptance certificate or supplemental type certificate under regulation 11.130, CASA