Commonwealth Numbered Regulations

1988 NO. 158 CIVIL AVIATION REGULATIONS - REG 269

269. (1) Subject to this regulation, the Authority may, by notice in writing
served on the holder of a licence or certificate, vary, suspend or cancel the
licence or certificate where the Authority is satisfied that one or more of
the following grounds exists, namely:

   (a)  that the holder of the licence or certificate has contravened, a
        provision of the Act or these Regulations, including these Regulations
        as in force by virtue of a law of a State;

   (b)  that the holder of the licence or certificate fails to satisfy, or to
        continue to satisfy, any requirement prescribed by, or specified
        under, these Regulations in relation to the obtaining or holding of
        such a licence or certificate;

   (c)  that the holder of the licence or certificate has failed in his or her
        duty with respect to any matter affecting the safe or efficient
        navigation or operation of an aircraft;

   (d)  that the holder of the licence or certificate is not a fit and proper
        person to have the responsibilities and exercise and perform the
        functions and duties of a holder of such a licence or certificate; or

   (e)  that the holder of the licence or certificate has contravened, a
        direction or instruction with respect to a matter affecting the safe
        navigation and operation of an aircraft, being a direction or
        instruction that is contained in Civil Aviation Orders.

(2) A notice under subregulation (1) shall set out the grounds for the
decision.

(3) Before taking action under this regulation to vary, suspend or cancel a
licence or certificate, the Authority shall:

   (a)  give notice, in writing, to the holder of the licence or certificate
        of the facts and circumstances that, in the opinion of the Authority,
        warrant consideration being given to the variation, suspension or
        cancellation of the licence or certificate under this regulation; and

   (b)  allow the holder of the licence or certificate to show cause, within
        such time as the Authority specifies in that notice, why the licence
        or certificate should not be varied, suspended or cancelled under this
        regulation.

(4) The time specified by the Authority in the notice under subregulation (3)
as the time within which the holder of the licence or certificate may show
cause why the licence or certificate should not be varied, suspended or
cancelled under this regulation shall be a time that is reasonable in all of
the circumstances of the particular case.