Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p2
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 2/75)
Character Range: 3304361–3307053

by show cause notice
 (1) CASA may state, in a show cause notice, that the approval as an approved ARFFS provider of the ARFFS provider concerned is suspended if CASA reasonably considers that not suspending the approval would be likely to have an adverse effect on the safety of air navigation.
Note: Regulation 201.004 provides for review of certain decisions by the Administrative Review Tribunal.
 (2) If a show cause notice states that the approval is suspended:
 (a) if the approval is already suspended when the show cause notice is given to the holder—the approval continues to be suspended until CASA revokes the suspension, or the suspension lapses under subregulation (4); or
 (b) the approval is suspended from when the notice is given to the approved ARFFS provider concerned.
 (3) CASA may revoke the suspension at any time.
 (4) If CASA has not cancelled the approval within 90 days after the day the show cause notice is given to the provider, the suspension lapses at the end of that period.

139.1010  Grounds for cancellation of approval
  It is grounds for the cancellation of the approval of an approved ARFFS provider if the provider:
 (a) has breached a condition of the approval; or
 (b) has contravened the Act or these Regulations; or
 (c) has otherwise been guilty of conduct that renders the holder's continued holding of the approval likely to have an adverse effect on the safety of air navigation.
Note: Regulation 201.004 provides for review of certain decisions by the Administrative Review Tribunal.

139.1015  Notice to approved ARFFS provider to show cause
 (1) CASA may give an approved ARFFS provider a show cause notice if there are reasonable grounds for believing that there are facts or circumstances that amount to grounds for the cancellation of the approval.
 (2) A show cause notice must:
 (a) tell the provider of the facts and circumstances that justify the cancellation of the approval; and
 (b) invite the holder to show in writing, within a reasonable period stated in the notice, why the approval should not be cancelled.
 (3) For paragraph (2)(b), the period must not be less than 7 days.

139.1020  Cancellation of approval after show cause notice
 (1) CASA may cancel an approval only if:
 (a) there exist facts or circumstances that amount to grounds for the cancellation of the approval; and
 (b) CASA has given the holder a show cause notice in relation to the grounds for the proposed cancellation; and
 (c) CASA has taken into account any written representations made, within the period stated in the notice, by or on behalf of the holder; and
 (d) not cancelling the approval would be likely to have an adverse effect on the safety