Commonwealth Consolidated Acts

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Court may impose exclusion period if offence committed

             (1)  If:

                     (a)  a person is convicted of an offence against this Act or the regulations; and

                     (b)  the person holds a civil aviation authorisation (in this section called the old authorisation ); and

                     (c)  the old authorisation authorises the person to undertake a particular activity (in this section called the previously authorised activity ); and

                     (d)  the Court considers that it is in the interests of air navigation safety for the person to be excluded from that activity;

the Court may order that the person is to be excluded from that activity for the period specified in the order (in this section called the exclusion period ).

             (2)  The Court may make the order even if the conduct that was involved in the offence was not engaged in by the person while exercising his or her rights under the old authorisation.

             (3)  The exclusion period may be indefinite.

             (4)  During the exclusion period:

                     (a)  the old authorisation is of no effect; and

                     (b)  a new civil aviation authorisation to undertake the previously authorised activity is not to be granted to the person.

             (5)  The person is not entitled to any refund of fees that the person has paid in respect of the old authorisation.

             (6)  The person must return the old authorisation to CASA as soon as practicable after the order is made.

Penalty:  30 penalty units.

             (7)  If the old authorisation is endorsed on another document, the person must, in order to comply with subsection (6), return that other document to CASA and CASA will take appropriate steps to issue a new document without the endorsement.

             (8)  If the exclusion period ends before the period for which the old authorisation was granted, CASA is to return the authorisation to the person as soon as practicable after the end of the exclusion period.

Note:          This subsection may require CASA to endorse a document already issued to the person.

             (9)  In this section:

"civil aviation authorisation " includes an AOC.

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