Commonwealth Consolidated Regulations

AIR NAVIGATION REGULATION 2016 - REG 22

  (1)   Subject to sections   20 and 21 , the Secretary may decide to do one or more of the following in relation to an international airline licence :

  (a)   vary the licence by imposing a further condition on the licence under subsection   19 (2);

  ( b )   vary the licence by removing a condition of the licence;

  (c )   suspend the licence;

  (d )   cancel the licence.

Note:   For review of a decision by the Secretary under this subsection, see section   23A of the Act.

  (2)   If:

  (a)   the Secretary t a kes an action mentioned in paragraph   ( 1)(a) or ( c ) (the first breach ); and

  (b)   the Secretary later becomes satisfied that:

  (i)   the licence holder is not complying with the further conditi on imposed on the licence ; or

  (ii)   the licence holder is not complying with the terms of the suspension of the licence ; or

  (iii)   some other reason for taking action under section   20 exists in relation to the licence holder;

the Secretary may cancel the licence under paragraph   ( 1)(d) even if the period for fulfilling the condition, or the period of the suspension, for the first breach has not ended.

Note:   For review of a decision by the Secretary under this subsection, see section   23A of the Act.

Notice of decision to vary

  (3)   If the Secretary varies an international airline licence under paragraph   ( 1)(a) or (b), the Secretary must give the licence holder notice, in writing, of:

  (a)   the variation (including the reason for the variation); and

  (b)   the day the variation takes effect (which must not be earlier than the day the notice is given).

Notice of decision to suspend

  (4 )   If the Secretary suspends an international airline licence under paragraph   ( 1)( c ), the Secretary must give the licence holder notice , in writing , of :

  (a)   the decision to suspend the licence (including the reason for the suspension) ; and

  (b)   the day the suspension takes effect (which must not be earlier than the day the notice is given) ; and

  (c)   the period of the suspension.

  (5 )   The period of a suspension for any particular breach, or for a particular reason , must not be more than 6 months in total.

Notice of decision to cancel

  (6 )   If the Secretary cancels an international airline licence under paragraph   ( 1)( d ), the Secretary must give the licence holder notice , in writing , of :

  (a)   the cancellation (including the reason for the cancellation); and

  (b)   the day the cancellation takes effect (which must not be earlier than the day the notice is given) .