Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.315

Notice to holder of remote pilot licence to show cause

Show cause notice--variation, cancellation or suspension

             (1)  CASA may give a show cause notice to the holder of a remote pilot licence if there are reasonable grounds for believing that there are facts or circumstances that would justify the variation, suspension or cancellation of the licence under regulation 101.320.

             (2)  A show cause notice must:

                     (a)  tell the holder of the licence of the facts and circumstances that, in CASA's opinion, would justify the variation, suspension or cancellation of the licence under regulation 101.320; and

                     (b)  invite the holder of the licence to show in writing, within a reasonable time stated in the notice, why the licence should not be varied, suspended or cancelled.

Immediate suspension if serious risk to the safety of air navigation

             (3)  The remote pilot licence is suspended from the time the show cause notice is given to the holder, if:

                     (a)  CASA reasonably considers that there may be a serious risk to the safety of air navigation if the licence were not suspended; and

                     (b)  the show cause notice states that the licence is suspended for that reason.

             (5)  CASA may at any time revoke the suspension.

             (6)  If the licence is suspended under subregulation (3):

                     (a)  the holder is taken not to be the holder of a remote pilot licence during the period of suspension; and

                     (b)  the licence is not in force while suspended; and

                     (c)  if CASA has not dealt with the suspension under regulation 101.320 within 90 days after the day the licence is suspended, the suspension lapses at the end of that period (if it is not earlier revoked under subregulation (5) of this regulation or subregulation 101.320(2)).

Note:          Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal.



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