CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.374J Suspension or cancellation of accreditation

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 101.374J

Suspension or cancellation of accreditation

  (1)   CASA may suspend or cancel an accreditation by written notice to the accreditation holder, if:

  (a)   CASA has given the accreditation holder a show cause notice under regulation   101.374H; and

  (b)   CASA has taken into account any representations made, within the period stated in the notice, by or on behalf of the accreditation holder; and

  (c)   there are reasonable grounds for believing that the accreditation holder:

  (i)   has operated an RPA in contravention of these Regulations, an instrument under these Regulations or a condition of the accreditation; or

  (ii)   has operated an RPA negligently or carelessly; or

  (iii)   in operating an RPA, has recklessly endangered human life or property; or

  (iv)   at the time the accreditation was given did not meet, or now no longer meets, the criteria for eligibility under regulation   11.055 as they applied at the time the accreditation was given.

Note:   For subparagraph   (iv), in determining whether the criteria for eligibility were or are met, CASA may take into account the matters mentioned in subregulation   11.055(4).

Notice of decision

  (2)   If CASA has given a show cause notice under regulation   101.374H to an accreditation holder:

  (a)   in the event that CASA decides to suspend or cancel the accreditation--CASA must give the accreditation holder notice of the decision, including (in the case of a decision to suspend the accreditation) notice of the period of suspension; and

  (b)   in the event that CASA decides not to suspend or cancel the accreditation--CASA must, in writing:

  (i)   give the accreditation holder notice accordingly; and

  (ii)   if the accreditation was suspended under subregulation   101.374H(3)--revoke the suspension.

Effect of suspension

  (3)   If an accreditation is suspended under this regulation:

  (a)   the accreditation holder is taken not to be the holder of an accreditation during the period of suspension; and

  (b)   the accreditation is not in force during the period of suspension stated in the notice under paragraph   (2)(a); and

  (c)   the period of the accreditation under paragraph   101.374G(b) continues to run.

Note 1:   CASA may also impose a condition on the accreditation, or vary a condition of the accreditation--see regulation   11.067.

Note 2:   Regulation   201.004 provides for review of certain decisions by the Administrative Appeals Tribunal.

Subpart   101.G -- Model aircraft