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(3) CASA must not grant an application if satisfied, on reasonable
grounds, that the applicant has knowingly or recklessly made a
statement that is false or misleading in a material particular in relation
to the application.
(5) CASA must not grant an aircraft welding authority except under this
regulation.
(6) If CASA grants an aircraft welding authority, it must:
(a) note the relevant type of manual welding and parent metal group
on the authority; and
Civil Aviation Regulations 1988 65
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(b) specify in the authority a period not longer than 2 years for which
the authority is to remain in force.
(7) In this regulation:
recognised authority means an authority declared to be a recognised
authority under regulation 33E.
33E Recognised authorities
(1) For the purposes of regulation 33D, CASA may, in writing, declare an
authority of a foreign country which issues qualifications for
aeronautical purposes to be a recognised authority.
(2) A declaration must be published in the Gazette within 21 days after it
is made.
33F Duration of aircraft welding authority
(1) Unless sooner suspended or cancelled, an aircraft welding authority
remains in force:
(a) for the period specified in it; or
(b) if it has been renewed—until the end of the last period of
renewal.
(2) If an aircraft welding authority is cancelled, its holder must return it to
CASA within 7 days after the cancellation.
Penalty: 5 penalty units.
(3) An offence against subregulation (2) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(4) It is a defence to a prosecution under subregulation (2) if the defendant
returned the aircraft welding authority to CASA as soon as practicable.
Note A defendant bears an evidential burden in relation to the matter in
subregulation (4) (see subsection 13.3 (3) of the Criminal Code).
33G Renewal of aircraft welding authority
(1) The holder of an aircraft welding authority may apply to CASA for
renewal of the authority within 3 months before the authority stops
being in force.
(2) An application must have with it the aircraft welding authority.
(3) CASA may renew an aircraft welding authority for a period not longer
than 2 years if, and only if, satisfied that the applicant has passed the
aircraft welding examinations that CASA considers necessary in the
interests of the safety of air navigation.
(4) CASA must not grant an application for renewal if satisfied, on
reasonable grounds, that the applicant has knowingly or recklessly
made a false or misleading statement in relation to the application.
66 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(6) CASA must not renew an aircraft welding authority except under this
regulation.
(7) If CASA renews an aircraft welding authority:
(a) it must note on the authority the period of the renewal; and
(b) return the authority to the holder as soon as practicable after the
renewal.
(8) If an application is not decided before the aircraft welding authority to
which it relates would, but for this subregulation, stop being in force,
the authority is taken to be in force until the day the application is
decided.
33H Changes to aircraft welding authority
(1) The holder of an aircraft welding authority may request CASA to
approve a proposed change to any of the particulars set out in the
authority.
(2) A request must:
(a) be in the approved form; and
(b) have with it the aircraft welding authority.
(3) Subject to subregulation (4), CASA may approve the change if
satisfied that the change will not have an adverse effect on the safety
of air navigation.
(4) If the change involves adding a type of manual welding or parent
metal group, CASA may approve the change if, and only if, satisfied
that the holder:
(a) has passed the aircraft welding examinations that CASA
considers necessary in the interests of the safety of air navigation;
and
(b) has successfully completed welding training in the type of
manual welding on the parent metal group to which the request
relates.
(5) CASA must not approve a request for a change if satisfied, on
reasonable grounds, that the holder has knowingly or recklessly made
a false or misleading statement in relation to the request.
(7) CASA must not approve a change except under this regulation.
(8) If CASA approves a change to an aircraft welding authority, it must
note the change on the authority.
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