Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The ACMA may, by written notice given to a qualified operator, cancel the operator's certificate of proficiency.
(2) The notice must give the reasons for the cancellation.
(3) In deciding whether to cancel the certificate, the ACMA must have regard to:
(a) all matters that it considers relevant; and
(b) without limiting paragraph (a), the following matters:
(i) any matters to which the ACMA must have regard in deciding whether to issue a certificate of proficiency;
(ii) whether the ACMA is satisfied, that the operator has failed to achieve satisfactory results in an examination or further examination referred to in section 123;
(iii) whether the operator has refused or failed, without reasonable excuse, to comply with a request under section 123;
(iv) whether the operator has been convicted of an offence against the regulations;
(iva) whether the operator has been convicted of an offence against section 136.1 or 137.1 of the Criminal Code that relates to this Act;
(v) whether the ACMA is satisfied that the operator has contravened rules relating to the conduct or administration of an examination of the kind referred to in paragraph 122(1)(b).
Note: Cancellations of certificates of proficiency are reviewable under Part 5.6.
(4) If:
(a) a person has been issued with a certificate of proficiency; and
(b) the ACMA subsequently cancels the certificate;
the person must not falsely represent that the person holds the certificate.
Civil penalty: 20 penalty units.