139.925 How to apply for approval as ARFFS provider
139.930 Who to apply to
139.935 Application for approval when approval cancelled previously
139.940 Other things CASA can ask applicant to do — interview
139.945 Other things CASA can ask applicant to do — provide more information
139.950 Statutory declarations to verify applications
139.955 Matters that CASA may or must take into account
139.960 Statutory declarations to verify statements in submissions
139.965 When CASA must grant approval
139.970 When decision must be made
139.975 Notice of decision
139.980 When approval comes into effect
139.985 Certificate about approval
139.990 Return of certificate if approval cancelled
139.995 Application for variation of approval
139.1000 CASA’s power to vary condition of approval
139.1005 Suspension or continued suspension of approval by show cause notice
139.1010 Grounds for cancellation of approval
139.1015 Notice to approved ARFFS provider to show cause
139.1020 Cancellation of approval after show cause notice
139.1025 Cancellation at request of approved ARFFS provider
Subpart H Aerodrome rescue and fire fighting services
Note As a signatory to the Chicago Convention, Australia is obliged to require, as part of its domestic law, that certain classes of airport provide rescue and firefighting services of an adequate standard. (See generally section 9.2 of chapter 9 of Annex 14 to the Chicago Convention.) To satisfy that obligation, this Subpart requires operators of aerodromes that have scheduled international traffic, or specified levels of domestic passenger traffic, to provide those services, and sets out the standards that apply to such services. Aerodromes that are not obliged to provide an ARFFS may choose to do so, and this Subpart will apply to a service so provided until the operator gives reasonable notice that it will no longer provide such a service.
Division 1 General
139.700 Applicability of this Subpart
(1) This Subpart applies to aerodrome rescue and firefighting services.
(2) This Subpart sets out:
(a) the obligation, applicable to certain aerodrome operators, to provide aerodrome rescue and firefighting services; and
(b) how a person receives approval as a provider of such a service; and
(c) the operating and technical standards applicable to such a service.
Note Failure by an aerodrome licensee to comply with the requirements of this Subpart is grounds for revocation of the relevant aerodrome licence — see regulation 269 of CAR 1988.
139.705 Definitions for this Subpart
(1) In this Subpart:
airside of an aerodrome has the same meaning as airside of an airport in the Airports Act 1996.
ARFFS means aerodrome rescue and fire-fighting service.
ARFFS operation means an operation undertaken in carrying out a function mentioned in paragraph 139.710 (1) (a) or (b).
ARFFS provider for an aerodrome means the person or organisation that provides ARFFS for the aerodrome.
category of an aerodrome means its category worked out by the method set out in section 9.2 of chapter 9 of Annex 14 to the Chicago Convention.
ERSA means the part of AIP known as En Route Supplement Australia.
Manual of Standards means the document called ‘Manual of Standards (MOS) – Part 139’ published by CASA, as in force from time to time.
(2) A reference in this Subpart to an AFC certificate of a particular level is a reference to:
(a) a certificate of that level issued under the Australian Fire Competencies Scheme (that is, the training scheme administered by the Australian Fire Authorities Council); or
(b) a certificate accepted by CASA as indicating that the certificate holder has successfully completed a training program of a standard equivalent to that required for the issue of an AFC certificate of that level.
(3) A reference in this Subpart to Annex 14 to the Chicago Convention, or a provision of that Annex, is a reference to that Annex or provision as in effect on 1 January 2000.
139.710 Functions of ARFFS
(1) The functions of an ARFFS for an aerodrome are:
(a) to rescue persons and property from an aircraft that has crashed or caught fire during landing or take-off; and
(b) to control and extinguish, and to protect persons and property threatened by, a fire on the aerodrome, whether or not in an aircraft.
(2) Nothing in subregulation (1) prevents the ARFFS provider for an aerodrome from performing fire control services or rescue services elsewhere than on an aerodrome, but the provider must give priority to operations mentioned in subregulation (1).
139.715 Effect of Manual of Standards
(1) If CASA sets out, in the Manual of Standards, a way of complying with a requirement of this Subpart, an ARFFS provider who uses that way is taken to have complied with the requirement unless the contrary is shown.
(2) CASA may take the extent to which an ARFFS provider complies with the Manual into account in deciding whether the service provided by the provider is adequate.
Division 2 ARFFS obligations of aerodrome operator
139.720 Aerodromes that must have ARFFS
(1) The operator of an aerodrome to which subregulation (3) applies must ensure that the aerodrome has available, throughout each day on which the aerodrome is open for use by aircraft, an ARFFS of the standard required by section 9.2.2 of Annex 14 to the Chicago Convention.
(2) Strict liability applies to the physical element in subregulation (1) that the standard is the standard required by section 9.2.2 of Annex 14 to the Chicago Convention.
(3) This subregulation applies to:
(a) an aerodrome from or to which an international passenger air service operates; and
(b) any other aerodrome through which more than 350 000 passengers passed on air transport flights during the previous financial year.
Note Australia does not require aerodromes other than those mentioned in paragraphs (3) (a) and (b) to provide ARFFS. However, nothing in subregulation (1) prevents an aerodrome operator that is not required to provide an ARFFS from doing so. If such an operator does provide an ARFFS, the service must be to the standard required by the Manual of Standards — see regulation 139.725.
(4) In paragraph (3) (a):
international passenger air service means:
(a) an international air service (within the meaning given by subsection 3 (1) of the Air Navigation Act 1920) that carries passengers, other than a non-scheduled service (within the meaning given by that subsection); or
(b) a non-scheduled flight, or program of flights, carried out under a permission granted under section 15D of the Air Navigation Act 1920; or
(c) a non-scheduled flight, or program of flights, carrying passengers, in a category in respect of which the Secretary to the Department has determined, under subsection 15A (3) of that Act, that such a permission is not required.
(5) For paragraph (3) (b), the number of passengers that pass through an aerodrome is to be determined according to statistics published by the Department.
Note Department means the Department administered by the Minister who administers these Regulations (see the Acts Interpretation Act 1901, subsection 19A (3) and section 46). At present that Department is the Department of Transport and Regional Services.
139.725 Standard of ARFFS at other aerodromes
If an aerodrome operator that is not required to provide an ARFFS announces in ERSA that it provides such a service, the service must be of the standard set out for such an aerodrome in the Manual of Standards.
139.730 Response time of ARFFS
(1) An ARFFS must be able to meet the criteria for response time set out in sections 9.2.19 and 9.2.20 of Annex 14 to the Chicago Convention.
(2) Subregulation (1) applies to an ARFFS whether or not Annex 14 to the Chicago Convention applies to the service.
139.735 Discontinuing service when service no longer required
If an aerodrome operator that is not required by this Subpart to provide an ARFFS provides such a service, the operator must not discontinue providing the service unless the disestablishment criteria set out in the Manual of Standards are met in relation to the aerodrome.
139.740 Buildings and emergency facilities
(1) There must be, at an aerodrome referred to in regulation 139.720, necessary buildings and facilities for the service, including:
(a) a fire station; and
(b) communications facilities; and
(c) facilities for the maintenance of vehicles and equipment; and
(d) training facilities; and
(e) storage facilities; and
(f) if there is a body of water within 1 000 metres of a runway threshold — a boat ramp and boat launching facilities.
(2) Those buildings and facilities must comply with any applicable requirements (including requirements as to location) in the Manual of Standards.
(3) There must be a facility, in accordance with the requirements of that Manual, for replenishing the water supply of a fire fighting vehicle.
(4) There must be appropriate emergency roads on the aerodrome in accordance with the requirements of that Manual.
(5) There must be, at an aerodrome referred to in regulation 139.725, the following facilities:
(a) a standby point for an emergency vehicle that will allow the vehicle to achieve the response time required by the Manual of Standards;
(b) storage for a reserve stock of extinguishing agents.
139.745 Officer in charge
(1) An aerodrome operator that must provide, or provides, an ARFFS must appoint, as officer in charge of ARFFS operations for the aerodrome:
(a) for an aerodrome categorised as Category 6 or above — a person who holds an AFC Advanced Diploma; or
(b) for an aerodrome categorised as Category 5 or below — a person who holds an AFC Diploma.
(2) In paragraphs (1) (a) and (b):
AFC means Australian Fire Competencies.
(3) However, CASA may approve the appointment, as officer in charge of ARFFS operations for a particular aerodrome, of a person who does not have the qualification required by subregulation (1) if:
(a) the appointment of the person is not likely to have an adverse effect on the safety of air navigation; and
(b) it is not reasonably possible to obtain the services of a person who has that qualification.
Division 3 Requirements to be complied with by ARFFS provider
139.750 Requirements in this Division
A requirement in this Division for there to be a system or procedure to do something is a requirement that the system or procedure:
(a) must exist; and
(b) must be in use.
139.755 Definition for Division — applicable standards and requirements
applicable standards and requirements, for an aerodrome of a particular category, means:
(a) for an aerodrome that is obliged to provide an ARFFS — the standards and requirements for an aerodrome of its category set out in:
(i) section 9.2 of chapter 9 of Annex 14 to the Chicago Convention; and
(ii) the Manual of Standards; or
(b) for an aerodrome that is not obliged to provide ARFFS — the standards and requirements for an aerodrome of its category set out in the Manual of Standards.
139.760 Inconsistency between Manual and chapter 9 of Annex 14
If a requirement of the Manual of Standards, as it applies to a particular aerodrome, is inconsistent with a requirement of chapter 9 of Annex 14 to the Chicago Convention, as it applies to that aerodrome, the requirement of the Manual prevails to the extent of the inconsistency.
139.765 Knowledge, equipment and expertise to deal with aviation hazards
An ARFFS provider must have the knowledge, equipment and expertise to deal with any hazard likely to arise during an aviation accident or incident, including any hazard mentioned in the Manual of Standards.
139.770 General obligation to maintain service
(1) An ARFFS provider must ensure that the service is available during the period or periods published in ERSA as the period or periods of its availability.
(2) Subregulation (1) does not prevent the level of protection provided during predictable periods of reduced activity at the aerodrome from being reduced, within the limit allowed by section 9.2.6 of Annex 14 to the Chicago Convention.
139.775 Notice about times service is available etc
(1) An ARFFS provider must ensure that notice is published in ERSA of the hours during which the service is available.
(2) If for some reason (such as an emergency on the aerodrome) it becomes temporarily impossible to provide an ARFFS to the standard required by this Subpart, the provider must tell the Australian NOTAM Office:
(a) of the reduction in the service; and
(b) how long it is likely to be before the full service is restored.
(3) The provider must tell CASA in writing of any proposed reduction in the standard of service that:
(a) will last longer than 24 hours; or
(b) reduces the standard of ARFFS provided at the airport concerned to a greater extent than is permissible under section 9.2.2 of Annex 14 to the Chicago Convention.
139.780 Agreements with other fire fighting bodies
(1) An ARFFS provider may make an arrangement:
(a) for an aerodrome that is a joint user airport (within the meaning of the Airports Act 1996) — with the Defence Force for the provision of the ARFFS provider’s services to the Defence Force for the part of the aerodrome under the control of the Force; or
(b) with a State or Territory, or another person or body, for the services of the provider for firefighting or rescue in the State or Territory beyond the airside of the aerodrome concerned.
(2) If a provider makes such an arrangement, the provider must ensure that it is recorded in writing.
139.785 Stock of fire extinguishing agents
(1) There must be, on the aerodrome, a stock of fire‑extinguishing agents of the kind or kinds, and meeting the performance standards, required by the applicable standards and requirements.
(2) The fire-extinguishing agents must be held in at least the quantities required by those standards and requirements.
139.795 Extinguishing equipment and vehicles
(1) There must be, on the aerodrome, vehicles and equipment for delivering extinguishing agent onto a fire.
(2) There must be at least as many vehicles, and at least as much equipment, as required by the applicable standards and requirements.
(3) Each vehicle or piece of equipment:
(a) must be capable of delivering extinguishing agent onto a fire at at least the rate required by the applicable standards and requirements; and
(b) must have at least the performance (in other respects) required by those standards and requirements.
(4) The vehicles must carry ancillary equipment in accordance with the applicable standards and requirements.
(5) Each vehicle and piece of equipment must be in good working order.
(6) The vehicles must be of a colour permitted by the applicable standards and requirements.
(7) The provider must keep maintenance instructions for each vehicle and each piece of the equipment, including all the information necessary to permit an appropriately qualified and technically competent person to carry out maintenance, performance monitoring, defect reporting, fault reporting and record-keeping on or for the vehicle or equipment.
139.800 Other vehicles and equipment
(1) There must be, at the aerodrome, enough vehicles and equipment (other than vehicles and equipment for delivering extinguishing agent onto a fire) to provide the service, in accordance with the applicable standards and requirements.
(2) The performance of the vehicles and equipment must be in accordance with the applicable standards and requirements.
(3) The vehicles must carry ancillary equipment in accordance with the applicable standards and requirements.
(4) The provider must keep maintenance instructions for each piece of the provider’s equipment, including all the information necessary to permit a technically competent person to carry out maintenance, performance monitoring, defect reporting, fault reporting and record-keeping on or for the equipment.
139.805 Vehicles and equipment for firefighting and rescue in difficult environments
(1) If a significant proportion of aircraft movements at the aerodrome take place over water, swamp or another difficult environment, there must be appropriate vehicles, boats and equipment for firefighting and rescue in that environment within 1 000 metres of the threshold of each runway.
(2) The vehicles, boats and equipment must be in at least the numbers and quantity required by the applicable standards and requirements.
(3) The vehicles and boats must be of a colour required or permitted by the applicable standards and requirements.
139.810 Commissioning of certain equipment
An ARFFS provider must not begin to use a piece of operational equipment for the purpose of an ARFFS unless the equipment has been approved by CASA as conforming to specifications and any applicable standards, in accordance with the operator’s aerodrome manual, and any applicable standards or requirements in the Manual of Standards.
139.815 Protective clothing and equipment
At the aerodrome there must be, for the firefighters and rescue personnel:
(a) protective clothing that complies with:
(i) if there is a relevant Australian Standard (as in force immediately before this regulation commences) — that Standard; or
(ii) if there is no such Australian Standard — any relevant internationally recognised standard;
in at least the quantity required by the applicable standards and requirements; and
(b) other protective equipment in the quantity required by, and of a kind in accordance with, those standards and requirements.
139.820 Communications
(1) There must be, on the aerodrome, sufficient communications equipment available to provide communication during an ARFFS operation.
(2) The vehicles used for the service must carry suitable communications equipment.
(3) A person who is required to operate the equipment must hold a licence or certificate of a kind mentioned in paragraph 83 (1) (d) of CAR 1988 and appropriate to the equipment.
(4) The equipment must not interfere, when in use, with communications equipment used by the air traffic service at the aerodrome.
139.825 Test and maintenance equipment
(1) The provider must have the necessary equipment and tools, in accordance with the applicable standards and requirements, to test and maintain the equipment used to provide the service.
(2) If the applicable standards and requirements require particular test or maintenance equipment, particular kinds of test or maintenance equipment, or particular numbers or quantities of a particular type of test or maintenance equipment, the provider must have that equipment or that number or quantity of that type of equipment.
139.830 Commissioning of new vehicles and equipment
The provider must not put a new vehicle, or a new item of equipment that affects the quality or rate of discharge of extinguishing agent, into service unless:
(a) the vehicle or equipment has been approved by CASA, for conformity to specification and the applicable standards and requirements, in accordance with the provider’s operations manual; and
(b) CASA has acknowledged that the vehicle or equipment meets the applicable standards and requirements; and
(c) any necessary personnel training has been completed.
139.835 Number of operating personnel
(1) During any period announced in ERSA as a period during which ARFFS is available at an aerodrome, there must be enough trained personnel available at the aerodrome to operate the equipment and vehicles required to provide the service at full capacity.
(2) Those personnel must be stationed at places that allow the ARFFS to respond to an emergency at least as quickly as required by the applicable standards and requirements.
139.840 Medical standard of firefighters
(1) The people employed as firefighters must meet the medical standard for firefighters set out in the Manual of Standards.
(2) There must be a system of continuing medical checks for the people employed as firefighters that ensures that the ARFFS provider knows whether or not those people continue to meet that standard.
139.845 Qualifications and training of firefighters
(1) The people employed as firefighters must already be trained to at least AFC Certificate 2 standard, or, if for a particular position the Manual of Standards specifies a higher standard, that higher standard.
(2) Before being used in any operational capacity, those people must also receive, or have received, appropriate training in dealing with hazards specific to aviation accidents and incidents, to the extent that such training is not part of the training required for an AFC Certificate 2.
(3) The people employed as firefighters must receive appropriate training to familiarise them with local conditions.
(4) There must be ongoing training for the people employed as firefighters to ensure that they continue to meet that standard.
(5) If a significant proportion of aircraft movements at the aerodrome take place over water, swamp or another difficult environment, the firefighters must be appropriately trained to carry out their functions in that environment.
139.850 Operations manual
(1) There must be an operations manual for the service that complies with the standards set out in the Manual of Standards.
(2) The operations manual must include a chart showing the organisations that provide services to the provider, setting out the roles and responsibilities of those organisations and how those roles and responsibilities affect the Aerodrome Emergency Procedures for the aerodrome concerned.
(3) The operations manual must be kept up to date.
(4) Each of the provider’s employees must have ready access to an up-to-date copy of the operations manual.
(5) The provider must give CASA a copy of the operations manual, and of any changes to it.
(6) There must be an up-to-date copy of the operations manual at each operational station.
(7) The provider must comply with the requirements of the operations manual.
139.855 Amendment of operations manual
(1) An ARFFS provider may amend its operations manual, but an amendment is of no effect until approved in writing by CASA.
(2) CASA may direct an ARFFS provider to amend its operations manual is a way specified in the direction.
(3) The provider must comply with the direction.
139.860 Voice data recording
There must be a system to record electronically, in accordance with the standards or requirements set out in the Manual of Standards, any voice communication by radio or telephone in the course of an ARFFS operation.
139.865 Record of accidents or incidents
There must be a system, in accordance with the standards or requirements set out in the Manual of Standards, to record the details of any aircraft accident or incident, or building fire, in relation to which the service is required to take any action.
139.870 Contingency plan
(1) There must be a plan, in accordance with the standards or requirements set out in the Manual of Standards, of the procedures to be used in the event of an emergency that results, or may result, in the service being interrupted.
(2) The plan must include at least the following:
(a) actions to be taken by firefighters and rescue personnel;
(b) possible alternative arrangements for providing the service (including arrangements for procuring any necessary replacement vehicles or spare parts, or supplies of extinguishing materials);
(c) notification procedures;
(d) procedures for re-establishing normal services.
139.875 Records management
(1) There must be a system, in accordance with the standards or requirements set out in the Manual of Standards, to collect, index, store and maintain the records relating to the service.
(2) The records must include:
(a) voice records made under regulation 139.860; and
(b) records of accidents or incidents made under regulation 139.865.
(3) A record must be kept for 5 years (or a shorter period specified for the particular kind of record in the Manual) after the date to which it relates.
139.880 Organisation
The provider must, at all times, maintain an appropriate organisation with a sound and effective management structure, having regard to the nature of the service it provides.
139.885 System for rectification of service failures
There must be a system, in accordance with the standards or requirements in the Manual of Standards, to rectify any failure that results or may result in an interruption in the service or a reduction in the standard of the service.
139.890 Quality control
There must be a system, in accordance with the standards or requirements set out in the Manual of Standards, to ensure that the service complies with the requirements of this Subpart.
139.895 Change management
There must be a system, in accordance with the Manual of Standards, to manage changes in:
(a) equipment and procedures; and
(b) what the service does; and
(c) the level or kinds of service provided; and
(d) the way the service is provided.
139.900 Safety management
There must be a safety management system for the service, in accordance with the standards or requirements in the Manual of Standards, including the policies, procedures and practices necessary to provide the service safely.
139.905 Applicant’s organisation
(1) The provider must tell CASA in writing:
(a) who its managers are; and
(b) its organisational structure; and
(c) how many staff of each class it uses to provide the service.
(2) The provider must tell CASA in writing about any change in a matter mentioned in paragraph (1) (a), (b) or (c) within 14 days after the change.
139.910 Telling users and CASA about changes
(1) There must be a procedure, in accordance with the standards and requirements in the Manual of Standards, for an ARFFS provider to give, to aerodrome users, safety-related information about changes, faults or interruptions to the service.
(2) The procedure must comply with CASA’s requirements for reporting information to the Aeronautical Information and Data Service and the Australian NOTAM Office.
(3) If the provider fails, for a period of 24 hours or longer, to provide the service at the standard required by Division 2, the ARFFS provider for the aerodrome must tell CASA in writing as soon as practicable:
(a) why the service is not being provided at that standard; and
(b) how long it is likely to be before the service can be resumed; and
(c) what action the service provider has taken and will take to resume the service at that standard.
Division 4 Conduct of ARFFS operations
139.915 Powers of officer in charge or firefighter
firefighter, in relation to an ARFFS operation at an aerodrome, means:
(a) somebody employed as a firefighter by the ARFFS provider for the aerodrome; or
(b) a member of a fire brigade, or of a rescue or fire fighting service, who is taking part in the operation in accordance with an arrangement made with such a brigade or service.
officer in charge, in relation to an ARFFS operation at an aerodrome, means:
(a) the person designated under regulation 139.745 as officer in charge of ARFFS operations at the aerodrome; or
(b) if, in accordance with an arrangement made with a fire brigade, or a rescue or fire fighting service, the person in control of the operation is a member of such a brigade or service — that person.
volunteer, in relation to an ARFFS operation, means somebody who has volunteered to help in the operation under the direction of the officer in charge.
(2) For an ARFFS operation at an aerodrome under this Subpart, the officer in charge may:
(a) give directions that he or she thinks proper to firefighters and volunteers under his or her control; and
(b) take measures that he or she thinks proper.
(3) Without limiting paragraph (2) (b), the officer in charge may do the following things for the purpose of the ARFFS operation:
(a) enter (by force, if necessary), take possession of and deal with in any appropriate way, premises, an aircraft or other property;
(b) close a road or other thoroughfare to traffic;
(c) use a convenient water supply (including shutting off water supply from a main or pipe to obtain greater pressure or supply);
(d) disconnect electricity supply to premises;
(e) remove flammable, explosive or other dangerous material from premises, an aircraft or other property;
(f) order a person to leave premises, an aircraft or other property;
(g) remove from the vicinity of the operation a person or thing the presence of whom or which is interfering, or is likely to interfere, significantly with the operation;
(h) take a fire engine or other fire appliance onto land or premises;
(i) shore up or destroy a wall or building that is insecure or may be dangerous to persons or property;
(j) direct or authorise a firefighter or a volunteer to do something that, under this regulation, the officer may do.
(4) For an ARFFS operation, a firefighter may do something mentioned in paragraph (3) (a), (b), (c), (d), (e), (f) or (h) without authorisation under paragraph (3) (j) if there are reasonable grounds for believing that, for the operation:
(a) it is necessary or desirable to do the thing; and
(b) it is not practicable for him or her to get authorisation to do so.
(5) A person is guilty of an offence punishable by a fine of 10 penalty units if he or she fails to comply with:
(a) a direction of the officer in charge under paragraph (3) (f); or
(b) a direction of the kind mentioned in that paragraph, given by a firefighter or volunteer, if:
(i) the firefighter or volunteer has been authorised under paragraph (3) (j) by the officer in charge to give it; or
(ii) the conditions in paragraphs (4) (a) and (b) are satisfied in relation to the direction.
Division 5 Administration
139.920 Definition for Division
show cause notice means a notice under regulation 139.1015.
139.925 How to apply for approval as ARFFS provider
(1) A person must apply for approval as an ARFFS provider in the way set out in this regulation.
(a) must set out the applicant’s name and address; and
(b) if the applicant is a legal person that is not an individual — must set out the applicant’s registered address, ACN and the names and addresses of its officers; and
(d) must be accompanied by any other document required by or under these Regulations.
(a) if the applicant concerned is incorporated under the Corporations Law — has the meaning given by section 82A of that Law; and
(b) in the case of any other applicant — means the people responsible for its management and control, and includes anybody with whose directions or wishes the applicant ordinarily complies.
(5) The applicant must include with the application:
(a) a copy of the applicant’s operations manual, prepared as if the applicant were an approved provider; and
(b) information that will enable CASA to decide whether or not the applicant is of sound financial standing; and
(c) a statement of the intended location and category of the service to be provided.
139.930 Who to apply to
139.935 Application for approval when approval cancelled previously
If a person who applies for an approval as an ARFFS provider has previously been approved as an ARFFS provider, and that approval was cancelled for a reason mentioned in regulation 139.1020, the applicant must include with the application any available evidence tending to show that the applicant could now properly exercise the powers or carry out the functions of an approved ARFFS provider.
139.940 Other things CASA can ask applicant to do — interview
(1) CASA may ask an applicant in writing to have a specified officer or officers of the applicant come to a specified CASA office at a specified reasonable time to be interviewed.
(2) If CASA asks an applicant to have an officer come for interview under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant’s officer or officers participates or participate in the interview.
(3) In subregulations (1) and (2), officer of an applicant has the same meaning as in regulation 139.925.
139.945 Other things CASA can ask applicant to do — provide more information
(1) If CASA reasonably needs more information or another document to allow it to consider an application, CASA may ask the applicant in writing to give it information, or a copy of a document, specified in the request.
(2) If CASA asks for more information, or a copy of a document, under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant gives it the information or copy.
139.950 Statutory declarations to verify applications
(1) CASA may ask an applicant to verify, by statutory declaration, any statement in an application.
(2) If CASA asks an applicant to verify a statement under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant gives it the statutory declaration.
139.955 Matters that CASA may or must take into account
(c) the contents of any statutory declaration made by the applicant or an officer of the applicant under regulation 139.950.
(a) tell the applicant in writing that it intends to do so, and the substance of what CASA intends to take into account; and
(4) CASA must take into account the applicant’s financial standing.
(5) When deciding whether to approve an applicant that was previously approved as an ARFFS provider, but whose approval was cancelled, CASA must take into account:
(c) any evidence of the kind mentioned in regulation 139.935 that the person submits.
139.960 Statutory declarations to verify statements in submissions
(1) CASA may ask an applicant to verify any statement in a submission under subregulation 139.955 (3) by statutory declaration.
(3) If CASA asks an applicant to verify a statement under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant gives it the statutory declaration.
139.965 When CASA must grant approval
(1) If a person has applied for approval as an ARFFS provider in accordance with these Regulations, CASA must grant the approval if:
(a) the person satisfies the criteria (however described) for the grant of the approval; and
(b) other requirements for the grant of the approval by or under these Regulations by or in relation to the person are satisfied; and
(c) no provision of the Act, or another provision of these Regulations, forbids CASA to grant the approval, or makes the person ineligible for the grant of the approval; and
(d) granting the approval would not be likely to have an adverse effect on the safety of air navigation.
(2) CASA may grant the approval in respect of only some of the matters sought in the application.
(3) CASA may approve an application only if CASA approves the applicant’s draft operations manual.
(4) CASA must not approve the draft operations manual unless the draft manual complies with the relevant requirements in the Manual of Standards.
(5) CASA may grant the approval subject to:
(a) any conditions specified in these Regulations, or in Civil Aviation Orders, as applicable to the approval; and
(b) any other condition necessary in the interests of the safety of air navigation.
139.970 When decision must be made
(1) If CASA does not make a decision about an application within 21 days after receiving it, CASA is taken to have refused the application.
(2) However, if CASA makes a request under regulation 139.940 or 139.945, the time between when CASA makes the request, and when the applicant’s officer or officers participates or participate in the interview, or gives CASA the information or copy requested, does not count towards the period.
(3) Also, if CASA asks an applicant to make a statutory declaration under regulation 139.950 or 139.960, the time between when CASA asks the applicant to do so and when the applicant gives CASA the statutory declaration does not count towards the period.
(4) Also, if CASA invites an applicant to comment under subregulation 139.955 (2), the time between when CASA gives the invitation and when the applicant comments does not count towards the period.
139.975 Notice of decision
(b) if the decision was to refuse the application, or to grant the approval subject to a condition not sought by the applicant — the reasons for the decision.
139.980 When approval comes into effect
An approval comes into effect:
(a) on a day stated in the notice under regulation 139.975; or
(b) if no day is so stated — on the date of the notice.
139.985 Certificate about approval
(1) CASA must issue to an approved ARFFS provider a certificate setting out:
(a) the name and address of the provider; and
(b) if the approved provider is a corporation, its registered address and ACN; and
(c) the date of effect of the approval; and
(d) the location and category level for each aerodrome at which the provider is authorised to provide an ARFFS; and
(e) any conditions of the approval.
139.990 Return of certificate if approval cancelled
(1) If CASA cancels the approval of an approved ARFFS provider, the person who was the approved ARFFS provider must return the person’s certificate to CASA immediately.
Note A person is not guilty of an offence of failing to do something that he or she is not capable of doing: see section 4.2 of the Criminal Code.
(3) It is a defence to a charge of contravening subregulation (1) that the defendant returned the certificate to CASA as soon as practicable.
139.995 Application for variation of approval
(1) An approved ARFFS provider may apply to vary its approval.
(2) Regulations 139.925 to 139.980 apply to the application except that the applicant need not give CASA information, or a document, that the applicant has already given to CASA.
139.1000 CASA’s power to vary condition of approval
(1) If necessary in the interests of the safety of air navigation, CASA may impose a condition on, or vary a condition of, the approval of an approved ARFFS provider.
(2) CASA must give the provider notice in writing of the imposition or variation, and must specify a reasonable period within which the provider may make a submission in relation to the imposition or variation.
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.
(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.
(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.
139.1010 Grounds for cancellation of approval
It is grounds for the cancellation of the approval of an approved ARFFS provider if the provider:
(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.
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.
(b) invite the holder to show in writing, within a reasonable period stated in the notice, why the approval should not be cancelled.
139.1020 Cancellation of approval after show cause notice
(1) CASA may cancel an approval only if:
(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
(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
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.