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of the register.
30EH CASA may maintain other records
For the purposes of administering this Division, CASA may, in addition
to the register, keep records of information obtained and actions taken
under this Division.
30EI Demerit points incurred to be included in register
If the holder of a civil aviation authorisation incurs demerit points in
relation to a prescribed offence, CASA must record in the register:
(a) the number of demerit points prescribed by the regulations in relation
to the offence; and
(b) the date the offence was committed; and
(c) the class of authorisations in relation to which the demerit points are
incurred.
30EJ Expired points to be removed from register
CASA must remove from the register demerit points that can no longer
be taken into account under subsection 30DY (1), 30DZ (1) or 30EC (1).
58 Civil Aviation Act 1988
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
Division 4 — Miscellaneous
31 Review of decisions
(1) In this section:
decision has the same meaning as in the Administrative Appeals Tribunal
Act 1975.
reviewable decision means:
(a) a refusal to grant or issue, or a cancellation, suspension or variation
of, a certificate, permission, permit or licence granted or issued under
this Act or the regulations; or
(b) the imposition or variation of a condition, or the cancellation,
suspension or variation of an authorisation, contained in such a
certificate, permission, permit or licence; or
(c) a decision under subsection 30EF(3) (about reinstating a civil
aviation authorisation that has been suspended or cancelled under
Division 3D);
but does not include:
(d) a suspension of a civil aviation authorisation under section 30DC
(suspension for contravening the serious and imminent risk
prohibition); or
(e) a suspension or cancellation of a civil aviation authorisation under
Division 3D (the demerit points scheme).
(2) Application may be made to the Administrative Appeals Tribunal for
review of a reviewable decision.
(3) Where the person making a reviewable decision gives to the person
whose interests are affected by the decision notice in writing of the
decision, the notice shall include a statement to the effect that, subject to
the Administrative Appeals Tribunal Act 1975, application may be made
to the Administrative Appeals Tribunal, by or on behalf of any person
whose interests are affected by the decision, for review of the decision.
(4) A failure to comply with subsection (3) in relation to a decision does not
affect the validity of the decision.
31A Automatic stay of certain reviewable decisions
(1) This section applies to a decision under this Act or the regulations that is
reviewable by the Administrative Appeals Tribunal if, before making the
decision, CASA was required by this Act or the regulations to give a
show cause notice to the holder of the civil aviation authorisation
concerned.
(2) This section does not apply to a decision under section 30DI or a decision
under the regulations to cancel a licence, certificate or authority on the
ground that the holder of that licence, certificate or authority has
contravened a provision of this Act or the regulations (including the
regulations as in force by virtue of a law of a State).
Civil Aviation Act 1988 59
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
(3) If this section applies to a decision, the operation of the decision is stayed
by force of this section.
(4) The stay ceases to have effect at the end of the fifth business day after the
day CASA notified the holder of the decision, unless, before the end of
that fifth business day, the holder applies to the Tribunal for review of the
decision.
(5) If the holder applies to the Tribunal in accordance with subsection (4),
the stay continues to have effect until the earlier of:
(a) the time when the decision of the Tribunal on the application comes
into operation; and
(b) the end of the 90th day after the day CASA notified the holder of the
decision.
(6) If the holder applies to the Tribunal in accordance with subsection (4),
the holder must give a copy of the application to CASA as soon as
practicable after lodging it with the Tribunal.
(7) At any time before the end of the period mentioned in paragraph (5) (b),
the holder may apply to the Tribunal for an order under subsection 41 (2)
of the Administrative Appeals Tribunal Act 1975. Any time limit for
　
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