CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.055 Grant of authorisation

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 11.055

  (1)   This regulation applies despite any other provision of these Regulations that provides for the grant or issue of an authorisation, but subject to section   30A and paragraphs 30DY(2)(b), 30DZ(2)(b) and 30EC(2)(b) of the Act.

Note 1:   Under section   30A of the Act, the Court may make an order excluding a person from a particular aviation activity for a specified period (the exclusion period ). Under subsection   30A(4), during the exclusion period any authorisation granted to the person for the activity is of no effect and a new authorisation to undertake the activity is not to be granted to the person.

Note 2:   Under section   30DY of the Act, CASA must give the holder of an authorisation a demerit suspension notice if the holder has incurred at least 12 demerit points in relation to authorisations of the same class in a 3 year period. Under paragraph   30DY(2)(b), the holder is not entitled to be granted a new authorisation of that class during the period of the suspension.

Note 3:   Under section   30DZ of the Act, CASA must give the holder of an authorisation a demerit suspension notice if the holder has incurred at least 6 demerit points in relation to authorisations of the same class in a 3 year period and has previously been given a demerit suspension notice in relation to that class of authorisations. Under paragraph   30DZ(2)(b), the holder is not entitled to be granted a new authorisation of that class during the period of the suspension.

Note 4:   Under section   30EC of the Act, CASA must give the holder of an authorisation a demerit cancellation notice if the holder has incurred at least 6 demerit points in relation to authorisations of the same class in a 3 year period and has twice previously been given a demerit suspension notice in relation to that class of authorisations. Under paragraph   30EC(2)(b), the holder is not entitled to be granted a new authorisation of that class for 3 years from the date of the notice.

  (1A)   Subject to subregulations (1B) and (1C), if a person has applied for an authorisation in accordance with these Regulations, CASA may grant the authorisation only if:

  (a)   the person meets the criteria specified in these Regulations for the grant of the authorisation; and

  (b)   any other requirements in relation to the person that are specified in these Regulations for the grant of the authorisation are met; and

  (c)   any other requirements in relation to the thing in respect of which the application is made that are specified in these Regulations for the grant of the authorisation are met; and

  (d)   these Regulations do not forbid CASA granting the authorisation in the particular case; and

  (e)   granting the authorisation would not be likely to have an adverse effect on the safety of air navigation.

  (1B)   If another provision of these Regulations provides that this subregulation   applies to the granting of the authorisation, CASA may grant the authorisation only if:

  (a)   the requirements of paragraphs   (1A)(a) to (d) are satisfied; and

  (b)   granting the authorisation will preserve a level of aviation safety that is at least acceptable.

  (1C)   If the authorisation is an experimental certificate, CASA may grant the authorisation only if:

  (a)   the requirements of paragraphs   (1A)(a) to (d) are satisfied; and

  (b)   granting the authorisation would not be likely to have an adverse effect on the safety of other airspace users or persons on the ground or water.

  (2)   In paragraph   (1A)(a), a reference to meeting the criteria for the grant of an authorisation includes (in the case of an applicant who is an individual):

  (a)   having any qualifications required by or under these Regulations for the grant of the authorisation; and

  (b)   having any experience required by or under these Regulations for that grant; and

  (c)   having successfully completed any training required by or under these Regulations for that grant; and

  (d)   if there is a requirement as to recency or currency of the applicant's training or experience--meeting that requirement; and

  (e)   if a standard of medical fitness is required by or under these Regulations for that grant:

  (i)   having attained that standard; and

  (ii)   having been granted any medical certificate required; and

  (f)   if particular attributes of character are required by or under these Regulations for that grant--having those attributes; and

  (g)   if a standard of proficiency in an activity is required by or under these Regulations for that grant--meeting that standard of proficiency.

  (3)   If these Regulations limit in any way the number of authorisations of the relevant kind that may be granted, CASA may refuse to grant the authorisation if the limit will be exceeded if the authorisation is granted.

  (4)   For paragraphs   (1A)(e) and (1B)(b), CASA may take into account:

  (a)   the applicant's record of compliance with regulatory requirements (in Australia or elsewhere) relating to aviation safety and other transport safety; and

  (b)   the applicant's demonstrated attitude towards compliance with regulatory requirements (in Australia or elsewhere) relating to aviation safety and other transport safety; and

  (c)   the applicant's experience (if any) in aviation; and

  (d)   the applicant's knowledge of the regulatory requirements applicable to civil aviation in Australia; and

  (e)   the applicant's history, if any, of serious behavioural problems; and

  (f)   any conviction (other than a spent conviction, within the meaning of Part   VIIC of the Crimes Act 1914 ) of the applicant (in Australia or elsewhere) for a transport safety offence; and

  (g)   any evidence held by CASA that the applicant has contravened:

  (i)   the Act or these Regulations; or

  (ii)   a law of another country relating to aviation safety; or

  (iii)   another law (of Australia or of another country) relating to transport safety; and

  (h)   in the case of an authorisation referred to in subregulation   11.040(2), the applicant's financial standing and financial stability; and

  (i)   any other matter relating to the fitness of the applicant to hold the authorisation.

  (5)   For the application of paragraphs   (4)(a) to (i) in relation to an applicant that is a corporation, references to the applicant include each of the officers (other than employees) of the applicant.

  (6)   For the application of paragraphs   (4)(a) to (i) in relation to an applicant that is a member of a partnership, references to the applicant include each of the other members of the partnership.

  (7)   CASA may grant the authorisation in respect of only some of the matters sought in the application.