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(a) if the Court grants CASA’s application—the day determined by
the Court in granting the application;
(b) if the Court refuses CASA’s application before the end of the
original period—the end of the original period;
(c) if the Court refuses CASA’s application after the end of the
original period and before the 28th day after the end of the
original period—the day of the refusal;
(d) otherwise—the 28th day after the end of the original period.
3 the Court hears
applications from
both parties
together under
subsection (5)
whichever of the following applies:
(a) if the Court grants one of the applications—the day determined
by the Court in granting the application;
(b) if the Court refuses both applications before the end of the
original period—the end of the original period;
(c) if the Court refuses the extension application after the end of the
original period and before the 28th day after the end of the
original period—the day of the refusal;
(d) otherwise—the 28th day after the end of the original period.
Subdivision D — Investigation and further action by CASA
30DG CASA must investigate circumstances giving rise to suspension
decision
If the Federal Court makes an order under section 30DE in relation to a
civil aviation authorisation, CASA must, by the end of the period that the
order is in force, complete an investigation into the circumstances that
gave rise to CASA’s decision to suspend the authorisation under
section 30DC.
30DH CASA may give a show cause notice within 5 days after end of
order
(1) This section applies if, after CASA’s investigation under section 30DG:
(a) CASA has reason to believe that a serious and imminent risk to air
safety would exist if the civil aviation authorisation were not varied,
suspended or cancelled; and
(b) the grounds for CASA’s belief are related to the circumstances that
gave rise to CASA’s decision to suspend the authorisation under
section 30DC.
Civil Aviation Act 1988 47
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
(2) CASA may, within 5 business days after the last day on which the order
is in force:
(a) give the holder of the authorisation a show cause notice; and
(b) allow the holder to show cause, within such reasonable time as
CASA specifies in the notice (not more than 28 days), why the
authorisation should not be varied, suspended or cancelled.
Note: The suspension under section 30DC continues in force beyond the end of the
order and may continue until at least the end of the 5 days that CASA has to decide
whether to give a show cause notice—see section 30DJ.
30DI CASA may vary, suspend or cancel an authorisation within 5
days after end of show cause period
(1) This section applies if, after the end of the period specified in a show
cause notice given under section 30DH:
(a) CASA is satisfied that a serious and imminent risk to air safety
would exist if the civil aviation authorisation were not varied,
suspended or cancelled; and
(b) the grounds for CASA’s belief are related to the circumstances that
gave rise to CASA’s decision to suspend the authorisation under
section 30DC.
(2) CASA may vary, suspend or cancel the authorisation, by written notice
given to the holder of the authorisation within 5 business days after the
end of the period specified in the show cause notice.
Note: The suspension under section 30DC continues in force beyond the end of the
period specified in the show cause notice and may continue until the end of the 5 days
that CASA has to decide whether to vary, suspend or cancel the authorisation—see
section 30DJ.
30DJ When a suspension under section 30DC ends
If CASA suspends a civil aviation authorisation under section 30DC and
applies to the Federal Court for an order under section 30DE, the
suspension continues in force until the time worked out under the table
(unless earlier revoked).
48 Civil Aviation Act 1988
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
When a section 30DC suspension ends
Item If... suspension ends at...
1 CASA’s application for an order is
withdrawn or refused
the time of withdrawal or refusal.
2 in the 5 business days after the last day
on which the order was in force, CASA
does not give the holder a show cause
　
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