Commonwealth Consolidated Regulations

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CIVIL AVIATION REGULATIONS 1988 - REG 42ZS

Granting of exemptions and approval of variations

  (1)   CASA or an authorised person must grant the exemption or approve the variation if CASA or the authorised person is satisfied that granting the exemption or approving the variation would not adversely affect the safety of air navigation.

  (2)   If CASA or the authorised person grants the exemption, or approves the variation, the grant or approval may be made or given subject to such conditions as CASA or the authorised person thinks necessary in the interests of the safety of air navigation.

  (3)   CASA or the authorised person must, in writing, notify the applicant of CASA's, or the authorised person's, decision in relation to the application.

  (4)   If CASA or the authorised person grants the exemption, or approves the variation, CASA or the authorised person must identify in the exemption or approval:

  (a)   in the case of an exemption:

  (i)   the aircraft to which the exemption relates; and

  (ii)   the person or persons to whom the exemption applies; and

  (iii)   the conditions   (if any) subject to which the exemption is granted; or

  (b)   in the case of an approval of a variation:

  (i)   the aircraft to which the variation relates; and

  (ii)   the person or persons to whom the variation applies; and

  (iii)   the conditions   (if any) subject to which the variation is granted.

  (5)   If CASA or the authorised person decides not to grant the exemption, or approve the variation, CASA or the authorised person must include in the notice a statement of the reasons for that decision.



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