Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.265

  (1)   This regulation applies in relation to the following licences:

  (a)   a flight crew licence;

  (b)   a balloon flight crew licence within the meaning of subregulation   5.01(1) of CAR;

  (c)   an ATC licence.

  (2)   In this regulation, a reference to a DAME includes, in relation to a medically significant condition that affects a person's vision, a DAO.

  (3)   If:

  (a)   the holder of a class 1 medical certificate and a licence:

  (i)   knows that he or she has a medically significant condition; and

  (ii)   is reckless as to whether the condition has been disclosed to CASA; and

  (b)   the condition continues for longer than 7 days; and

  (c)   the condition has the result that his or her ability to do an act authorised by the licence is impaired;

he or she must tell CASA or a DAME about the condition as soon as practicable after the end of the 7 days.

Penalty:   50 penalty units.

  (4)   If:

  (a)   the holder of a class 2 or class 3 medical certificate and a licence:

  (i)   knows that he or she has a medically significant condition; and

  (ii)   is reckless as to whether the condition has been disclosed to CASA; and

  (b)   the condition continues for longer than 30 days; and

  (c)   the condition has the result that his or her ability to do an act authorised by the licence is impaired;

he or she must tell CASA or a DAME about the condition as soon as practicable after the end of the 30 days.

Penalty:   50 penalty units.

  (5)   If the holder of a medical certificate and a licence:

  (a)   knows that he or she has a medically significant condition; and

  (b)   is reckless as to whether the condition has been disclosed to CASA; and

  (c)   the condition has the result that his or her ability to do an act authorised by the licence is impaired;

he or she must not do the act until a DAME certifies that the holder can safely do such acts.

Penalty:   50 penalty units.

Note:   If the holder of a medical certificate tells a DAME about a medically significant condition, and the condition is safety - relevant, the DAME must tell CASA in writing of that fact within 5 working days--see regulation   67.125.

  (6)   It is a defence to a prosecution under subregulation   (5) that, in the circumstances, the relevant act was a reasonable measure to save life (including the holder's own life) or avoid damage to property.