Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.365

  (1)   CASA may vary, suspend or cancel a certified RPA operator's certification by written notice to the operator, if:

  (a)   CASA has given to the operator a show cause notice under regulation   101.360 in relation to it; and

  (b)   CASA has taken into account any representations made, within the period stated in the notice, by or on behalf of the operator; and

  (c)   there are reasonable grounds for believing that:

  (i)   the operator has operated an RPA in contravention of these Regulations, an instrument under these Regulations or a condition of the certification; or

  (ii)   a person engaged or employed by the operator has operated an RPA negligently or carelessly; or

  (iii)   a person engaged or employed by the operator, in operating an RPA, has recklessly endangered human life or property; or

  (iv)   at the time the operator was certified the operator did not meet, or now no longer meets, the criteria for eligibility under regulation   11.055 as they applied at the time of certification.

Note:   For subparagraph   (iv), in determining whether the criteria for eligibility were or are met, CASA may take into account the matters mentioned in subregulation   11.055(4).

Notice of decision

  (2)   If CASA has given a show cause notice under regulation   101.360 to a certified RPA operator:

  (a)   in the event that CASA decides to vary, suspend or cancel the certification--CASA must give the operator notice of the decision, including (in the case of a decision to suspend the certification) notice of the period of suspension; and

  (b)   in the event that CASA decides not to vary, suspend or cancel the certification--CASA must, in writing:

  (i)   give the operator notice accordingly; and

  (ii)   if the certification was suspended under subregulation   101.360(3)--revoke the suspension.

Effect of suspension

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

  (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 during the period of suspension stated in the notice under paragraph   (2)(a).

Note 1:   CASA may also impose a condition on the certification, or vary an existing condition of the certification--see regulation   11.067.

Note 2:   Regulation   201.004 provides for review of certain decisions by the Administrative Review Tribunal.