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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 149.435

ASAO to refuse to issue authorisation if suspended etc.

Other authorisation currently suspended

             (1)  An ASAO contravenes this subregulation if:

                     (a)  a person applies to the ASAO for an authorisation (the new authorisation ) to undertake an activity; and

                     (b)  the ASAO knows that the person holds an authorisation (the other authorisation ):

                              (i)  that is the same in substance as the new authorisation; and

                             (ii)  that was issued by the ASAO, another sport aviation body, CASA or the national aviation authority of a foreign country; and

                     (c)  the ASAO knows that, at the time of the application, the other authorisation is suspended other than at the person's request; and

                     (d)  the ASAO issues the new authorisation to the person.

Other authorisation is or has been varied

             (2)  An ASAO contravenes this subregulation if:

                     (a)  a person applies to the ASAO for an authorisation (the new authorisation ) to undertake an activity; and

                     (b)  the ASAO knows that the person holds, or has held, an authorisation (the other authorisation ):

                              (i)  that is the same in substance as the new authorisation; and

                             (ii)  that was issued by the ASAO, another sport aviation body, CASA or the national aviation authority of a foreign country; and

                     (c)  the ASAO knows that the other authorisation was varied other than at the person's request; and

                     (d)  the ASAO issues the new authorisation to the person.

Other authorisation has been cancelled

             (3)  An ASAO contravenes this subregulation if:

                     (a)  a person applies to the ASAO for an authorisation (the new authorisation ) to undertake an activity; and

                     (b)  the ASAO knows that the person has held an authorisation (the other authorisation ):

                              (i)  that is the same in substance as the new authorisation; and

                             (ii)  that was issued by the ASAO, another sport aviation body, CASA or the national aviation authority of a foreign country; and

                     (c)  the ASAO knows that the other authorisation was cancelled other than at the person's request; and

                     (d)  the ASAO issues the new authorisation to the person.

Exception--CASA approval

             (4)  Subregulation (1), (2) or (3) does not apply if, before the new authorisation is issued, CASA has given approval under this subregulation to the ASAO to issue the new authorisation to the person.

Note:          A defendant bears an evidential burden in relation to the matter in this subregulation: see subsection 13.3(3) of the Criminal Code .

Offence

             (5)  An ASAO commits an offence if the ASAO contravenes subregulation (1), (2) or (3).

Penalty:  50 penalty units.

             (6)  Strict liability applies to paragraphs (1)(a) and (d), (2)(a) and (d) and (3)(a) and (d).



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