Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:4:p5
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 4 (pt 5/27)
Character Range: 72758–75537

makes such a submission within the specified time, CASA must take the submission into account.
 (3A) CASA may ask the applicant to verify, by statutory declaration, any statement made by the applicant in a submission.
 (3B) If CASA asks an applicant to verify a statement under subregulation (3A), CASA need not begin to consider, or may stop considering, the application until CASA receives the statutory declaration.
 (4) When deciding whether to grant a new authorisation to an applicant who or that held, or was otherwise connected with, an authorisation (or a right, licence or permission similar to an authorisation granted under the law of another country) that was cancelled otherwise than at the request of the holder, CASA must take into account:
 (a) the fact of the cancellation; and
 (b) the reasons for the cancellation, as given by the cancelling authority at the time of the cancellation; and
 (c) any evidence that the applicant submits about the applicant's capacity to exercise the powers or privileges or carry out the functions that would be conferred by the authorisation applied for, if it were granted.
 (5) For subregulation (4), an applicant was connected with an authorisation (including a right, licence or permission similar to an authorisation granted under the law of another country) if:
 (a) where the applicant is an individual (including a member of a partnership)—the applicant was a member or officer of the holder of the authorisation; or
 (b) where the applicant is a corporation—an officer of the applicant was a member or officer of the holder of the authorisation.
 (6) When considering an application referred to in subregulation (4), CASA is not obliged to reconsider, or inquire into the circumstances of, the cancellation.
Subpart 11.BA—Granting authorisations etc

11.055  Grant of authorisation
 (1) This regulation applies despite any other provision of these Regulations that provides for the grant or issue of an authorisation, but subject to section 30A and paragraphs 30DY(2)(b), 30DZ(2)(b) and 30EC(2)(b) of the Act.
Note 1: Under section 30A of the Act, the Court may make an order excluding a person from a particular aviation activity for a specified period (the exclusion period). Under subsection 30A(4), during the exclusion period any authorisation granted to the person for the activity is of no effect and a new authorisation to undertake the activity is not to be granted to the person.
Note 2: Under section 30DY of the Act, CASA must give the holder of an authorisation a demerit suspension notice if the holder has incurred at least 12 demerit points in relation to authorisations of the same class in a 3 year period. Under paragraph 30DY(2)(b), the holder is not entitled to be granted a new authorisation of