(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) The holder commits an offence if:
(a) the holder does an act authorised by the licence; and
(b) at the time of doing the act:
(i) the holder knows that he or she has a medically significant condition; and
(ii) the condition has the result that the holder's ability to do the act is impaired.
(3) The holder commits an offence if:
(a) the holder does an act authorised by the licence; and
(b) the holder knows that he or she has had a condition mentioned in paragraph (2)(b); and
(c) the holder's normal ability to do the act is not fully restored within 7 days after the holder first becomes aware that he or she had the condition; and
(d) the holder is authorised to do the act only if the holder also holds a class 1 medical certificate; and
(e) the holder has not been given a certificate by a DAME to the effect that the holder's normal ability to do the act is no longer impaired.
Class 2 and 3 medical certificates
(4) The holder commits an offence if:
(a) the holder does an act authorised by the licence; and
(b) the holder knows that he or she has had a condition mentioned in paragraph (2)(b); and
(c) the holder's normal ability to do the act is not fully restored within 30 days after the holder first becomes aware that he or she had the condition; and
(d) the holder is authorised to do the act only if the holder also holds a class 1, 2 or 3 medical certificate; and
(e) the holder has not been given a certificate by a DAME to the effect that the holder's normal ability to do the act is no longer impaired.
Recreational aviation medical practitioner's certificates
(5) The holder commits an offence if:
(a) the holder does an act authorised by the licence; and
(b) the holder knows that he or she has had a condition mentioned in paragraph (2)(b); and
(c) the holder's normal ability to do the act is not fully restored within 30 days after the holder first becomes aware that he or she had the condition; and
(d) the holder is authorised to do the act only if the holder also holds a class 1, 2 or 3 medical certificate or a recreational aviation medical practitioner's certificate; and
(e) the holder does not meet the requirement in subregulation (6).
(6) For paragraph (5)(e), the requirement is that:
(a) the holder has been given a certificate by a DAME to the effect that the holder's normal ability to do the act is no longer impaired; or
(b) if the holder held a recreational aviation medical practitioner's certificate at the time the holder had the condition--the holder is:
(i) assessed by a medical practitioner as meeting the modified Austroads medical standards after having the condition; and
(ii) given a certificate by the medical practitioner to that effect.
Note: For when a person meets the modified Austroads medical standards,
see regulation 67.262.