CIVIL AVIATION ACT 1988 - SECT 30DF Court may vary period of order
CIVIL AVIATION ACT 1988 - SECT 30DF
Court may vary period of order(1) On application by CASA or the holder of the civil aviation authorisation, the Federal Court may:
(a) extend (but not for more than 28 days); or
the period determined by the Court in relation to an order under subsection 30DE(4) (the original period ).
(2) An application under subsection ( 1) must be made before the end of the original period.
(3) CASA may apply only once to extend the period of an order.
(4) If the Court has heard and determined an application under subsection ( 1) in relation to an order, no further applications to vary the period of that order may be made.
(a) a party (being CASA or the holder of the civil aviation authorisation concerned) applies to vary the period of an order; and
(b) before the Court determines the application, the other party also applies to vary the period of the order;
the Court must hear the applications together.
(6) If an application is made to vary the period of an order, the order continues in force until the day worked out under the table.
Period of order when an application to vary is made | ||
Item | If... | the order continues in force until... |
1 | the holder applies to shorten the period and CASA does not apply to extend it | the earlier of: (a) the last day of the original period; and (b) if the Court grants the application--the day determined by the Court in granting the application. |
2 | CASA applies to extend the period of the order and the holder does not apply to shorten it | whichever of the following applies: (a) if the Court grants CASA's application--the day determined by the Court in granting the application; (b) if the Court refuses CASA's application before the end of the original period--the end of the original period; (c) if the Court refuses CASA's application after the end of the original period and before the 28th day after the end of the original period--the day of the refusal; (d) otherwise--the 28th day after the end of the original period. |
3 | the Court hears applications from both parties together under subsection ( 5) | whichever of the following applies: (a) if the Court grants one of the applications--the day determined by the Court in granting the application; (b) if the Court refuses both applications before the end of the original period--the end of the original period; (c) if the Court refuses the extension application after the end of the original period and before the 28th day after the end of the original period--the day of the refusal; (d) otherwise--the 28th day after the end of the original period. |