Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:5:p11
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 5 (pt 11/117)
Character Range: 3530586–3533375

of a change to the ASAO's exposition.
 (2) The application must:
 (a) be in the approved form; and
 (b) be accompanied by a copy of the part of the ASAO's exposition affected by the change, clearly identifying the change; and
 (c) comply with the requirements (if any) prescribed by the Part 149 Manual of Standards.

Decision on application
 (3) CASA must, by written notice given to the applicant, do one of the following within 21 days after receiving the application:
 (a) if subregulation (4) applies—grant the approval;
 (b) refuse to grant the approval.
 (4) For the purposes of paragraph (3)(a), this subregulation applies if CASA is satisfied that:
 (a) the requirements mentioned in subregulation 149.075(1) will continue to be met in relation to the ASAO; and
 (b) approving the change would not be likely to have an adverse effect on the safety of air navigation.

Request for further information
 (5) CASA may, by written notice, request further information from the applicant about the application.
 (6) If a notice is given under subregulation (5):
 (a) the 21‑day period stops on the day the notice is given; and
 (b) that period begins again on the day after the information is received by CASA.
 (7) More than one notice may be given under subregulation (5) in relation to an application.

149.120  CASA directions relating to exposition or personnel
 (1) If CASA is satisfied that it is necessary in the interests of aviation safety, CASA may, by written notice given to an ASAO, direct the ASAO to change the ASAO's exposition:
 (a) to remove particular information, procedures or instructions from the exposition; or
 (b) to include particular information, procedures or instructions in the exposition; or
 (c) to revise or vary the information, procedures or instructions in the exposition.
 (2) CASA may, by written notice given to an ASAO, direct the ASAO to remove any of the key personnel of the ASAO from the person's position if CASA is satisfied that the person is not:
 (a) carrying out the responsibilities of the position; or
 (b) if the person is the accountable manager of the ASAO's organisation—properly managing matters for which the person is accountable.
 (3) A notice under this regulation must state the time within which the direction must be complied with.
 (4) If CASA gives an ASAO a direction under this regulation, the ASAO must comply with the direction within the time specified in the notice.
 (5) An ASAO commits an offence of strict liability if the ASAO contravenes subregulation (4).
Penalty: 50 penalty units.
Subpart 149.D—Organisation and personnel

149.195  Organisation and personnel
 (1) An ASAO's organisation must maintain a structure that effectively manages the ASAO's approved functions, taking into account the nature and