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(b) a later time stated for the purpose in the notice.
139.1005 Suspension or continued suspension of approval by show
cause notice
(1) CASA may state, in a show cause notice, that the approval as an
approved ARFFS provider of the ARFFS provider concerned is
suspended if CASA reasonably considers that not suspending the
approval would be likely to have an adverse effect on the safety of air
navigation.
Note Regulation 201.4 provides for review of certain decisions by the
Administrative Appeals Tribunal.
(2) If a show cause notice states that the approval is suspended:
(a) if the approval is already suspended when the show cause notice
is given to the holder — the approval continues to be suspended
until CASA revokes the suspension, or the suspension lapses
under subregulation (4); or
(b) the approval is suspended from when the notice is given to the
approved ARFFS provider concerned.
(3) CASA may revoke the suspension at any time.
(4) If CASA has not cancelled the approval within 90 days after the day
the show cause notice is given to the provider, the suspension lapses
at the end of that period.
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page – Amdt No. 1: Effective 3 May 2003 Civil Aviation Safety Authority
Part 139 — 76
139.1010 Grounds for cancellation of approval
It is grounds for the cancellation of the approval of an approved
ARFFS provider if the provider:
(a) has breached a condition of the approval; or
(b) has contravened the Act or these Regulations; or
(c) has otherwise been guilty of conduct that renders the holder’s
continued holding of the approval likely to have an adverse effect
on the safety of air navigation.
Note Regulation 201.4 provides for review of certain decisions by the
Administrative Appeals Tribunal.
139.1015 Notice to approved ARFFS provider to show cause
(1) CASA may give an approved ARFFS provider a show cause notice if
there are reasonable grounds for believing that there are facts or
circumstances that amount to grounds for the cancellation of the
approval.
(2) A show cause notice must:
(a) tell the provider of the facts and circumstances that justify the
cancellation of the approval; and
(b) invite the holder to show in writing, within a reasonable period
stated in the notice, why the approval should not be cancelled.
(3) For paragraph (2) (b), the period must not be less than 7 days.
139.1020 Cancellation of approval after show cause notice
(1) CASA may cancel an approval only if:
(a) there exist facts or circumstances that amount to grounds for the
cancellation of the approval; and
(b) CASA has given the holder a show cause notice in relation to the
grounds for the proposed cancellation; and
(c) CASA has taken into account any written representations made,
within the period stated in the notice, by or on behalf of the
holder; and
(d) not cancelling the approval would be likely to have an adverse
effect on the safety of air navigation.
(2) If CASA has given a show cause notice to an approved ARFFS
provider, and it decides not to cancel the approval, it:
(a) must tell the provider in writing of the decision; and
(b) must, if the approval is suspended, revoke the suspension.
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page – Amdt No. 1: Effective 3 May 2003 Civil Aviation Safety Authority
Part 139 — 77
139.1022 Cancellation if holder ceases to provide ARFFS
(1) CASA must cancel the approval of a person mentioned in column 2
of item 3 or 4 of Table 139.925 if the person ceases to be an ARFFS
provider for the aerodrome mentioned in column 3 of the item.
(2) CASA must cancel the approval of a person mentioned in column 2
of item 5 of Table 139.925 if the cooperation or arrangement
mentioned in that item ceases.
(3) CASA must cancel the approval of a person mentioned in column 2
of item 6 of Table 139.925 if the arrangement mentioned in that item
ceases.
139.1025 Cancellation at request of approved ARFFS provider
(1) CASA must cancel the approval of an ARFFS provider if asked to do
so in writing by the provider.
(2) The cancellation takes effect when the request is given to CASA, or if
a later day is stated in the request, on the later day.
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page – Amdt No. 1: Effective 3 May 2003 Civil Aviation Safety Authority
　
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