Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:5:p20
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 5 (pt 20/117)
Character Range: 3553762–3556480

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 to ASAO to exercise ASAO enforcement powers
 (1) CASA may, if satisfied that it is necessary in the interests of the safety of air navigation, direct an ASAO to exercise an ASAO enforcement power in relation to the holder of an authorisation issued by the ASAO.
 (2) The ASAO must comply with the direction within 20 days.
 (3) An ASAO commits an offence of strict liability if the ASAO contravenes subregulation (2).
Penalty: 50 penalty units.

149.495  Variation, suspension and cancellation of authorisations issued by ASAOs
 (1) CASA may exercise the powers in subregulation (2):
 (a) if an ASAO does not comply with a direction under regulation 149.490 within 20 days; or
 (b) on written request of an ASAO; or
 (c) on CASA's own initiative;
if CASA is satisfied that it is necessary in the interests of the safety of air navigation to do so.
 (2) CASA may, by written notice given to the holder of an authorisation issued by an ASAO, vary, suspend or cancel the authorisation.
 (3) Before making a decision under subregulation (2), CASA must:
 (a) give the holder of the authorisation a notice setting out the reasons why CASA is considering making the decision; and
 (b) allow the holder of the authorisation to show cause, within such reasonable time as CASA specifies in the notice, why CASA should not make the decision.
 (4) A variation or suspension has effect for the period specified in the notice, unless earlier revoked by CASA.
 (5) A cancellation takes effect on the day specified in the notice.
 (6) If CASA varies, suspends or cancels an authorisation issued by an ASAO, CASA must notify the ASAO in writing of the variation, suspension or cancellation as soon as practicable.
 (7) The suspension of an authorisation issued by an ASAO under this regulation does not prevent the revocation of the authorisation by the ASAO or by CASA.

149.500  Effect of suspension or cancellation by CASA of authorisations issued by ASAOs
 (1) If CASA suspends an authorisation issued by an ASAO under regulation 149.495, the authorisation is taken not to be in force during the period of suspension.
 (2) If:
 (a) CASA suspends an authorisation issued by an ASAO under regulation 149.495; and
 (b) under the civil aviation legislation, a person is required to hold the authorisation to undertake an activity;
the person to whom the authorisation was issued is taken not to be the holder of the authorisation for the period of the