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CIVIL AVIATION ACT 1988 - SECT 30DY First - time demerit suspension notice

CIVIL AVIATION ACT 1988 - SECT 30DY

First - time demerit suspension notice

  (1)   CASA must give the holder of a civil aviation authorisation a demerit suspension notice under this section if:

  (a)   the holder incurs demerit points for a prescribed offence; and

  (b)   taken together with demerit points incurred by the holder for offences committed by the holder in the 3 years ending on the day the offence was committed, the holder has incurred at least 12 demerit points in relation to the same class of authorisations; and

  (c)   the holder has not previously been given a demerit suspension notice in relation to that class of authorisations.

  (1A)   If a person incurs demerit points before becoming a holder of a civil aviation authorisation, then, for the purpose of paragraph   ( 1)(b), those points are taken to have been incurred by the holder for offences committed by the holder.

  (2)   The effect of giving the notice is that:

  (a)   from the start date specified in the notice, all of the holder's civil aviation authorisations of that class are suspended for the suspension period; and

  (b)   the holder is not entitled to be granted a civil aviation authorisation of that class, from the date of the notice until the end of the last day on which a civil aviation authorisation of that class is suspended as a result of the notice.

  (3)   The suspension period for an authorisation is:

  (a)   if the total of the demerit points counted under paragraphs   ( 1)(a) and (b) is 12, 13, 14 or 15--90 days; or

  (b)   if the total of the demerit points counted under paragraphs   ( 1)(a) and (b) is 16, 17, 18 or 19--120 days; or

  (c)   otherwise--150 days.

Note:   The suspension period for a particular authorisation may be affected by section   30EB.