Australian Corporate Jet Centres Pty Ltd and Civil Aviation Safety Authority

This matter concerned an application by Australian Corporate Jet Centres Pty Ltd (ACJC) for review of a decision made by the Civil Aviation Safety Authority (CASA). The dispute centred on ACJC's status as the "Registered Operator" of an aircraft. ACJC contended that CASA's actions, specifically a refusal to enter ACJC on the Register as the Registered Operator on 21 December 2016, and subsequent confusion regarding its operational status, were reviewable by the Administrative Appeals Tribunal (AAT).

The primary legal issue before the AAT was whether the decision of CASA on 21 December 2016, which ACJC sought to have reviewed, constituted a "reviewable decision" within the meaning of section 31 of the *Civil Aviation Act 1988* (Cth). This required the AAT to determine if the decision fell within the categories of refusals, cancellations, suspensions, or variations of certificates, permissions, permits, or licences granted under the *Civil Aviation Act* or its associated regulations, and importantly, whether it was a decision that could be made by CASA in relation to the registration of an operator.

The Senior Member noted that the *Civil Aviation Act* distinguishes between aircraft registration and the registration of the entity operating the aircraft. While ACJC's legal representative conceded that the decision to place ACJC on the Register on 16 February 2017 was not reviewable, the focus remained on the earlier refusal. The Senior Member considered that for the AAT to have jurisdiction, the decision must be of the nature described in section 31(1) of the *Civil Aviation Act*, specifically a refusal to grant or issue a certificate, permission, permit, or licence. The Senior Member highlighted the importance of precisely identifying the nature of CASA's decision on 21 December 2016.