Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 99.415

  (1)   CASA may, in writing, vary, suspend or cancel a person's civil aviation authorisation in the interests of aviation safety in the following circumstances:

  (a)   if:

  (i)   the person gives a body sample for drug or alcohol testing under Subpart   99.C; and

  (ii)   a confirmatory alcohol test or confirmatory drug test is conducted on the sample; and

  (iii)   the test result is a positive result;

  (b)   if a person refuses to give a body sample for drug or alcohol testing under Subpart   99.C.

  (2)   If CASA determines that a person has contravened the requirements of a regulation in Division   99.E.2 (other than subregulation   99.325(1)), CASA may, in writing, vary, suspend or cancel the person's civil aviation authorisation in the interests of aviation safety.

  (3)   If:

  (a)   CASA determines that a person has contravened the requirements of a regulation in Subpart   99.B or 99.F; and

  (b)   the person holds a civil aviation authorisation;

CASA may, in writing, vary, suspend or cancel the person's civil aviation authorisation in the interests of aviation safety.

  (4)   Before making a decision to vary, suspend or cancel a person's civil aviation authorisation under subregulation   (3), CASA must:

  (a)   give the person a notice setting out the reasons why CASA is considering making the decision; and

  (b)   allow the person to show cause, within such reasonable time as CASA specifies in the notice, why CASA should not make the decision.

Note:   See section   31 of the Act for review of a decision under this regulation.