(1) Subject to subregulation (2), CASA must issue a balloon flight crew licence to an applicant if the applicant:
(a) possesses a knowledge of the English language that is sufficient to enable him or her to exercise safely the authority given by the licence; and
(b) is qualified to hold the licence; and
(c) is a suitable person to hold the licence.
Note: For whether a person is qualified to hold a balloon flight crew licence, see regulations 5.61 and 5.138.
(2) CASA must not issue a balloon flight crew licence to a person if the person:
(a) has knowingly or recklessly made a false or misleading statement in relation to the person's application for the licence; or
(b) does not satisfy the requirements of subregulation (1).
(3) In deciding whether an applicant for a balloon flight crew licence is a suitable person to hold the licence, CASA must only take into account:
(a) any action taken by CASA, or a responsible organisation, in relation to any authority to perform activities essential to the operation of a balloon during flight time that was given to the applicant by CASA, or the organisation; and
(b) any other matter that relates to the safety of air navigation.
(4) An applicant for a balloon flight crew licence commits an offence if the applicant:
(a) is aware of information that is relevant to a matter that CASA must take into account under subregulation (3); and
(b) does not disclose the information to CASA.