Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:5:p35
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 5 (pt 35/117)
Character Range: 3592820–3595536

(4) If CASA has not cancelled the approval within 3 months after the day the show cause notice is given to the service provider, the suspension lapses at the end of that period.

171.225  Notice to approval holder to show cause
 (1) CASA may give an approval holder 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 approval holder 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.

171.230  Grounds for cancellation of approval
  It is grounds for the cancellation of an approval if the holder:
 (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.

171.235  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 of air navigation.
 (2) Subregulation (1) does not apply in relation to an approval in circumstances in which CASA must cancel the approval.
 (3) If CASA has given a show cause notice to an approval holder, and it decides not to cancel the approval, it:
 (a) must tell the holder in writing of the decision; and
 (b) must, if the approval is suspended, revoke the suspension.

171.237  Cancellation if cooperation or arrangement ceases
 (1) CASA must cancel the approval of a person mentioned in subparagraph 171.020(1)(c)(i) if the cooperation mentioned in that subparagraph ceases.
 (2) CASA must cancel the approval of a person mentioned in subparagraph 171.020(1)(c)(ii) if the arrangement mentioned in that subparagraph ceases.

171.245  CASA's power to direct variation of manual
 (1) If necessary in the interests of the safety of air navigation, CASA may direct a service provider in writing