Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:4:p6
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 4 (pt 6/27)
Character Range: 75306–78001

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