Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.360

Notice to certified RPA operator to show cause

Show cause notice--variation, cancellation or suspension

  (1)   CASA may give a show cause notice to a certified RPA operator if there are reasonable grounds for believing that there are facts or circumstances that would justify the variation, suspension or cancellation of the certification under regulation   101.365.

  (2)   A show cause notice must:

  (a)   tell the operator of the facts and circumstances that, in CASA's opinion, would justify the variation, suspension or cancellation of the certification under regulation   101.365; and

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

Immediate suspension if serious risk to the safety of air navigation

  (3)   The certification is suspended from the time the show cause notice is given to the operator, if:

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

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

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

  (6)   If the certification of a person as an RPA operator is suspended under subregulation   (3):

  (a)   the operator is taken not to be a certified RPA operator during the period of suspension; and

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

  (c)   if CASA has not dealt with the suspension under regulation   101.365 within 90 days after the day the certification 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   101.365(2)).

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


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