Dear Craig Martin
Dear Mr Craig Martin,
I'm hoping that you may be able to clarify this inquiry. As you are aware I have submitted this request previously, although CASA chose not to respond. If you have no record of the previous requests, please advise me, and I will furnish those requests. Irrespective of my previous requests, I am hoping that you can deal with it on this occasion. I am considering lodging this matter with the Commonwealth Ombudsman, and I feel it important to give you the opportunity to clarify it, and perhaps allay my concerns.
As you are aware APTA was approved by CASA, in fact CASA helped me design APTA, approved it, and conducted a Level 1 audit, being the highest level audit that CASA conducts. I felt that the CASA action initiated in October 2018 was effectively a variation of my AOC, please correct me if I am wrong. I appreciate that this request may require the involvement of Dr Aleck the CASA Executive Manager of Legal and Regulatory Affairs.
For ease of reference, I have attached what I believe to be the associated legislative requirements below. Could you outline if CASA was deficient in this process, or denied me procedural fairness. I appreciate that you will have a different perspective to me.
Thank you in anticipation of your response, respectfully
Glen Buckley
CASR 11.067
11.067 Imposing and varying conditions after grant of authorisation
(1) After the grant of an authorisation, CASA may, in accordance with this regulation, impose a condition on the authorisation or vary a condition of the authorisation.
(1A) CASA may impose or vary a condition only if CASA considers that it is necessary:
(a) for an authorisation, other than an authorisation to which subregulation 11.055(1B) applies or an experimental certificate—in the interests of the safety of air navigation; or
(b) for an authorisation to which subregulation 11.055(1B) applies—in the interests of preserving a level of aviation safety that is at least acceptable; or
(c) for an authorisation that is an experimental certificate—in the interests of the safety of other airspace users or persons on the ground or water.
(2) If CASA proposes, under subregulation (1), to impose a condition on an authorisation or vary a condition of an authorisation, CASA must give written notice of the proposed condition or variation to the holder of the authorisation.
(3) The notice must specify a reasonable period within which the holder may make a submission in relation to the proposed condition or variation.
(4) If the holder makes a submission under subregulation (3) within the period specified in the notice, CASA must take the submission into account in determining whether it is necessary to impose or vary the condition:
(a) for an authorisation, other than an authorisation to which subregulation 11.055(1B) applies or an experimental certificate—in the interests of the safety of air navigation; or
(b) for an authorisation to which subregulation 11.055(1B) applies—in the interests of preserving a level of aviation safety that is at least acceptable; or
(c) for an authorisation that is an experimental certificate—in the interests of the safety of other airspace users or persons on the ground or water.
(5) If:
(a) after the end of the period specified under subregulation (3); and
(b) having taken account of any submission made by the holder within that period;
CASA is satisfied that it is necessary, for the reason mentioned in paragraph (4)(a), (b) or (c), CASA may impose or vary the condition.
(6) CASA must give the holder of the authorisation written notice of its decision.
(7) A condition imposed, or a variation of a condition, under this regulation takes effect on the date of the notice under subregulation (6) or at a later time specified in the notice.
(8) This regulation does not apply to the imposition of a condition on a class of authorisations under regulation 11.068.