Form 1256 12/2004
Automatic Stay Notice
Page 1 of 1
AUTOMATIC STAY NOTICE
Civil Aviation Act 1988
What is This Notice?
The letter (‘decision letter’) to which this notice is attached advises that CASA has decided to vary,
suspend or cancel the civil aviation authorisation held by you and referred to in that letter, on the
grounds set out in that letter.
This notice tells you that that decision is stayed for a period of time, and what you can do to
extend that period.
What Does it Mean for CASA’s Decision to be Stayed?
Under section 31A of the Civil Aviation Act 1988 (‘the Act’), certain of CASA’s decisions are
automatically stayed for a period of time. This means that, while the decision has been made, it is
not operational, and you can continue to undertake the activity authorised by your civil aviation
authorisation, as if it had not been varied, suspended or cancelled by CASA. As soon as the stay
ends, the decision is operational and your authorisation is varied, suspended or cancelled as set
out in the decision letter.
Duration of Stay – on Receipt of Decision Letter
CASA’s decision, as set out in the decision letter, is stayed for a period of 5 business days1 after
the day you received the letter.
If, within that period, you apply to the Administrative Appeals Tribunal (‘AAT’) for a review of
CASA’s decision, then the stay continues (see below). You must give CASA a copy of your
application to the AAT as soon as practicable after filing that application with the AAT. An
information sheet on your rights of review of CASA’s decisions is attached.
Duration of Stay – on Making Application to the Administrative Appeals Tribunal
If you make an application to the AAT within the period set out above, CASA’s decision is further
stayed for the shorter of:
The time when the decision of the AAT on your application comes into operation; or
90 days after you received the decision letter.
The AAT has an independent power to stay CASA’s decision, and you can m