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licence or certificate or an authority in accordance with a request made
under that subregulation.
Replacement Page Amdt No. 8
December 2004
Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
440
269 Variation, suspension or cancellation of licence, certificate or
authority
(1) Subject to this regulation, CASA may, by notice in writing served on
the holder of a licence or certificate or an authority, vary, suspend or
cancel the licence, certificate or authority where CASA is satisfied that
one or more of the following grounds exists, namely:
(a) that the holder of the licence, certificate or authority has
contravened, a provision of the Act or these Regulations,
including these Regulations as in force by virtue of a law of a
State;
(b) that the holder of the licence, certificate or authority fails to
satisfy, or to continue to satisfy, any requirement prescribed by,
or specified under, these Regulations in relation to the obtaining
or holding of such a licence or certificate or an authority;
(c) that the holder of the licence, certificate or authority has failed in
his or her duty with respect to any matter affecting the safe
navigation or operation of an aircraft;
(d) that the holder of the licence, certificate or authority is not a fit
and proper person to have the responsibilities and exercise and
perform the functions and duties of a holder of such a licence or
certificate or an authority; or
(e) that the holder of the licence, certificate or authority has
contravened, a direction or instruction with respect to a matter
affecting the safe navigation and operation of an aircraft, being a
direction or instruction that is contained in Civil Aviation Orders.
(1A) CASA must not cancel a licence, certificate or authority under
subregulation (1) because of a contravention mentioned in
paragraph (1)(a) unless:
(a) the holder of the licence, certificate or authority has been
convicted by a court of an offence against a provision of the Act
or these Regulations (including these Regulations as in force by
virtue of a law of a State) in respect of the contravention; or
(b) the person was charged before a court with an offence against a
provision of the Act or these Regulations (including these
Regulations as in force by virtue of a law of a State) in respect of
the contravention and was found by the court to have committed
the offence, but the court did not proceed to convict the person of
the offence.
(2) A notice under subregulation (1) shall set out the grounds for the
decision.
Replacement Page Amdt No. 8
December 2004
Civil Aviation Regulations 1988
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
441
(3) Before taking action under this regulation to vary, suspend or cancel a
licence or certificate or an authority, CASA shall:
(a) give notice, in writing, to the holder of the licence, certificate or
authority of the facts and circumstances that, in the opinion of
CASA, warrant consideration being given to the variation,
suspension or cancellation of the licence, certificate or authority
under this regulation; and
(b) allow the holder of the licence, certificate or authority to show
cause, within such time as CASA specifies in that notice, why the
licence, certificate or authority should not be varied, suspended or
cancelled under this regulation.
(4) The time specified by CASA in the notice under subregulation (3) as
the time within which the holder of the licence, certificate or authority
may show cause why the licence, certificate or authority should not be
varied, suspended or cancelled under this regulation shall be a time
that is reasonable in all of the circumstances of the particular case.
270 Effect of effluxion of time in relation to the suspension of a
licence, certificate or authority
(1) Where a licence or certificate or an authority is suspended under this
Part, the licence, certificate or authority has no force or effect for the
duration of the suspension, but the period of currency of the licence,
certificate or authority continues to run.
(2) Where the period for which a licence or certificate or an authority is
suspended is a period expiring after the expiration of the current
period of the licence, certificate or authority, the holder of the licence,
certificate or authority is not eligible for renewal of the licence,
certificate or authority until the period of suspension has expired.
272A Effect of cancellation of licence, certificate or authority
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