Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 65.275

Choice between cancellation and suspension

  (1)   This regulation sets out how CASA decides whether to cancel a person's licence, rating, endorsement or qualification, or suspend it.

  (2)   If the person has contravened a provision of the Act or these Regulations, or has failed in his or her duty in a way that adversely affects the safe navigation or operation of an aircraft:

  (a)   where CASA is satisfied that the contravention or failure is not likely to recur, CASA may do either or both of the following:

  (i)   suspend the person's licence, rating, endorsement or qualification for an appropriate period;

  (ii)   direct the person to receive appropriate counselling or training; and

  (b)   where CASA is not satisfied as mentioned in paragraph   (a), CASA may:

  (i)   if the contravention or failure is sufficiently serious, or has occurred before--cancel the licence, rating, endorsement or qualification; or

  (ii)   take either or both of the courses mentioned in paragraph   (a).

  (3)   If the person does not meet a requirement of, or under, these Regulations in relation to getting or keeping the licence, rating, endorsement or qualification, but there is a reasonable prospect that he or she will be able to do so within a reasonable time, CASA may suspend the licence, rating, endorsement or qualification:

  (a)   until the happening of a specified event; or

  (b)   until the holder successfully completes specified training; or

  (c)   for a specified period within which the holder is likely to become able to meet the requirement.

  (4)   If the person does not meet a requirement of, or under, these Regulations in relation to getting or keeping the licence, rating, endorsement or qualification and there is no reasonable prospect that he or she will be able to do so within a reasonable time, CASA must cancel the licence, rating, endorsement or qualification.



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