Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:4:p20
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 4 (pt 20/27)
Character Range: 110950–113684

this Division either on application or on its own initiative.
Note 1: For the application of the Legislation Act 2003 to an instrument granting an exemption under this Division, see subsections 98(5AA), (5AB), (5B) and (5BA) of the Act.
Note 2: For review of a decision refusing to grant an exemption under this Division, see regulation 201.004.

11.190  Application
  An application for an exemption under this Division may be made in any way that is reasonable in the circumstances.

11.195  Consideration by CASA
  In considering whether to grant an exemption under this Division, CASA must regard as paramount the preservation of the highest level of aviation safety that is practicable in the circumstances.

Division 11.F.3—Exemptions generally

11.200  Purpose of Division
  This Division sets out general provisions applying to exemptions under this Subpart.

11.205  Conditions
 (1) CASA may impose, on an exemption under this Subpart, any condition necessary in the interests of the safety of air navigation.
 (2) The condition must be set out in the instrument of exemption.

11.210  Offence: failure to comply with condition
 (1) If a condition of an exemption under this Subpart imposes an obligation on a person, the person must comply with the obligation.
Penalty: 50 penalty units.
 (2) A contravention of subregulation (1) is an offence of strict liability.

11.220  Notice of grant of exemption
 (1) In the case of an exemption that was applied for, CASA must give written notice to the applicant of:
 (a) its decision; and
 (b) if the decision was to refuse to grant the exemption, or to impose a condition not sought by the applicant—the reasons for the decision.
 (2) In the case of an exemption that was applied for, if CASA grants the exemption applied for and sends to the applicant the instrument of exemption, subregulation (1) does not require CASA to send to the applicant a separate notice of its decision.

11.225  Publication of exemption
  CASA must, as soon as practicable, publish on the Internet details (including any condition) of an exemption under this Subpart.
Note: The Internet address for CASA's website is http://www.casa.gov.au.

11.230  When exemptions cease
 (1) An exemption under Division 11.F.1 ceases:
 (a) at the end of the day (no longer than 3 years after the day on which it commences) specified in the instrument of exemption as the day on which it ceases; or
 (b) if no day is specified for that purpose in the instrument—3 years after it commences.
 (2) An exemption under Division 11.F.2 ceases:
 (a) at the end of the day (no longer than 12 months after the day on which it commences) specified in the instrument of exemption as the day on which it ceases; or
 (b) if no day