Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:13:p68
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 13 (pt 68/76)
Character Range: 2215042–2217895

aviation safety in the following circumstances:
 (a) if:
 (i) the person gives a body sample for drug or alcohol testing under Subpart 99.C; and
 (ii) a confirmatory alcohol test or confirmatory drug test is conducted on the sample; and
 (iii) the test result is a positive result;
 (b) if a person refuses to give a body sample for drug or alcohol testing under Subpart 99.C.
 (2) If CASA determines that a person has contravened the requirements of a regulation in Division 99.E.2 (other than subregulation 99.325(1)), CASA may, in writing, vary, suspend or cancel the person's civil aviation authorisation in the interests of aviation safety.
 (3) If:
 (a) CASA determines that a person has contravened the requirements of a regulation in Subpart 99.B or 99.F; and
 (b) the person holds a civil aviation authorisation;
CASA may, in writing, vary, suspend or cancel the person's civil aviation authorisation in the interests of aviation safety.
 (4) Before making a decision to vary, suspend or cancel a person's civil aviation authorisation under subregulation (3), CASA must:
 (a) give the person a notice setting out the reasons why CASA is considering making the decision; and
 (b) allow the person to show cause, within such reasonable time as CASA specifies in the notice, why CASA should not make the decision.
Note: See section 31 of the Act for review of a decision under this regulation.

99.420  When variation, suspension or cancellation takes effect
  A variation, suspension or cancellation of a civil aviation authorisation under regulation 99.415 takes effect from the date and time (if any) specified in the variation, suspension or cancellation.

99.425  Notice
 (1) If CASA varies, suspends or cancels a person's civil aviation authorisation under regulation 99.415, CASA must, as soon as practicable after the variation, suspension or cancellation, give the person a notice of the variation, suspension or cancellation that contains the following information:
 (a) whether the person's authorisation is varied, suspended or cancelled;
 (b) the authorisation that is so varied, suspended or cancelled;
 (c) the reason for the variation, suspension or cancellation;
 (d) the time (if any) and date that the variation, suspension or cancellation takes effect.
 (2) If the notice given under subregulation (1) is not a written notice, CASA must, within 48 hours after giving the notice under that subregulation, give the person a written notice of the matters specified in that subregulation.

99.430  Effect of effluxion of time in relation to the suspension of civil aviation authorisation
 (1) If a civil aviation authorisation is suspended under this Subpart, the authorisation has no force or effect for the duration of the suspension, but the period of currency of the authorisation continues to run.
 (2) If the period for which