Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:5:p19
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 5 (pt 19/117)
Character Range: 3551283–3554045

a person applies to the ASAO for an authorisation (the new authorisation) to undertake an activity; and
 (b) the ASAO knows that the person holds, or has held, an authorisation (the other authorisation):
 (i) that is the same in substance as the new authorisation; and
 (ii) that was issued by the ASAO, another sport aviation body, CASA or the national aviation authority of a foreign country; and
 (c) the ASAO knows that the other authorisation was varied other than at the person's request; and
 (d) the ASAO issues the new authorisation to the person.

Other authorisation has been cancelled
 (3) An ASAO contravenes this subregulation if:
 (a) a person applies to the ASAO for an authorisation (the new authorisation) to undertake an activity; and
 (b) the ASAO knows that the person has held an authorisation (the other authorisation):
 (i) that is the same in substance as the new authorisation; and
 (ii) that was issued by the ASAO, another sport aviation body, CASA or the national aviation authority of a foreign country; and
 (c) the ASAO knows that the other authorisation was cancelled other than at the person's request; and
 (d) the ASAO issues the new authorisation to the person.

Exception—CASA approval
 (4) Subregulation (1), (2) or (3) does not apply if, before the new authorisation is issued, CASA has given approval under this subregulation to the ASAO to issue the new authorisation to the person.
Note: A defendant bears an evidential burden in relation to the matter in this subregulation: see subsection 13.3(3) of the Criminal Code.

Offence
 (5) An ASAO commits an offence if the ASAO contravenes subregulation (1), (2) or (3).
Penalty: 50 penalty units.
 (6) Strict liability applies to paragraphs (1)(a) and (d), (2)(a) and (d) and (3)(a) and (d).

149.440  ASAO to refuse to issue authorisation if exclusion period is in force
 (1) An ASAO contravenes this subregulation if:
 (a) a person applies to the ASAO for an authorisation authorising the person to undertake an activity; and
 (b) the ASAO knows that an exclusion period is in force under an order under section 30A of the Act in relation to the person and an authorisation that is the same in substance as the authorisation applied for; and
 (c) the ASAO issues the authorisation.
 (2) Subregulation (1) does not apply if, before the authorisation is issued, CASA has given approval under this subregulation to the ASAO to issue the authorisation to the person.
Note: A defendant bears an evidential burden in relation to the matter in this subregulation: see subsection 13.3(3) of the Criminal Code.
 (3) An ASAO commits an offence if the ASAO contravenes subregulation (1).
Penalty: 50 penalty units.
Subpart 149.H—Authorisations and enforcement

149.490  Direction