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(d) having attained the standard of medical fitness standard required
for that grant, and having been granted an appropriate medical
certificate.
(e) omitted by SR No. 03/75
(3) CASA may grant the licence subject to:
(a) any conditions specified in these Regulations as applicable to a
licence; and
(b) any other condition necessary in the interests of the safety of air
navigation.
65.230 When decision must be made
(1) If CASA does not make a decision about an application within 21
days after receiving it, CASA is taken to have refused the application.
(2) However, if CASA makes a request under regulation 65.195 or
65.200, the time between when CASA makes the request, and when
the applicant undertakes the test, or comes in for interview, or gives
CASA the information or copy requested, does not count towards the
21 days.
(3) Also, if CASA asks an applicant to make a statutory declaration under
regulation 65.205 or 65.220, the time between when CASA asks the
applicant to do so and when the applicant gives CASA the statutory
declaration does not count towards the 21 days.
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page Amdt No. 11 – December 2004 Civil Aviation Safety Authority
Part 65 — 23
(4) Also, if CASA invites an applicant to comment under subregulation
65.215 (2), the time between when CASA gives the invitation and
when the applicant comments does not count towards the 21 days.
65.235 Notice of decision
After making a decision on an application for a licence, CASA must
tell the applicant in writing, as soon as practicable:
(a) the decision; and
(b) if the decision was to refuse the application, or to grant the
licence subject to a condition not sought by the applicant, the
reasons for the decision.
65.240 When licence comes into effect
A licence comes into effect:
(a) on a day stated in the notice under regulation 65.235; or
(b) if no day is so stated, on the date of the notice.
65.245 Licence document
(1) CASA must issue to a licence holder a licence document that
complies with Chapter 5 of Annex 1 to the Chicago Convention.
(2) CASA may issue a replacement document if anything set out on such
a document is no longer correct.
(3) If CASA issues a document to a licence holder and the licence is
cancelled, the person who held the licence must return the relevant
licence document to CASA immediately.
Penalty: 1 penalty unit.
Note A person is not guilty of an offence of failing to do something that he or she
is not capable of doing: see section 4.2 of the Criminal Code.
(4) An offence against subregulation (3) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(5) It is a defence to a charge of contravening subregulation (3) that the
defendant returned the licence document to CASA as soon as
practicable.
Note A defendant bears an evidential burden in relation to the matter mentioned in
subregulation (5).
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page Amdt No. 11 – December 2004 Civil Aviation Safety Authority
Part 65 — 24
Division 65.E.2 Ongoing proficiency and medical testing
65.250 Re-examination or re-assessment of licence or qualification
holder
(1) If:
(a) there is evidence that the holder of a licence or a qualification is
not adequately performing his or her duties (whether because of
lack of proficiency, injury, illness or for any other reason); and
(b) it is necessary, in the interests of the safety of air navigation, to
require the holder to demonstrate his or her proficiency or fitness
to perform those duties;
CASA may, at a reasonable time and on reasonable notice, direct the
holder to undertake:
(c) an appropriate examination or performance assessment; or
(d) a medical assessment by a designated aviation medical examiner.
(2) In paragraph (1) (d):
medical includes psychological and psychiatric.
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page Amdt No. 11 – December 2004 Civil Aviation Safety Authority
Part 65 — 25
Division 65.E.3 Suspension and cancellation of licences
65.255 Provisional suspension of licence pending examination or
assessment
(1) If under regulation 65.250 CASA directs the holder of a licence or
qualification to undergo an examination, performance assessment or
medical assessment, CASA may provisionally suspend the licence or
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