Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:4:p7
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 4 (pt 7/27)
Character Range: 77763–80618

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 on the ground or water.
 (2) In paragraph (1A)(a), a reference to meeting the criteria for the grant of an authorisation includes (in the case of an applicant who is an individual):
 (a) having any qualifications required by or under these Regulations for the grant of the authorisation; and
 (b) having any experience required by or under these Regulations for that grant; and
 (c) having successfully completed any training required by or under these Regulations for that grant; and
 (d) if there is a requirement as to recency or currency of the applicant's training or experience—meeting that requirement; and
 (e) if a standard of medical fitness is required by or under these Regulations for that grant:
 (i) having attained that standard; and
 (ii) having been granted any medical certificate required; and
 (f) if particular attributes of character are required by or under these Regulations for that grant—having those attributes; and
 (g) if a standard of proficiency in an activity is required by or under these Regulations for that grant—meeting that standard of proficiency.

 (3) If these Regulations limit in any way the number of authorisations of the relevant kind that may be granted, CASA may refuse to grant the authorisation if the limit will be exceeded if the authorisation is granted.
 (4) For paragraphs (1A)(e) and (1B)(b), CASA may take into account:
 (a) the applicant's record of compliance with regulatory requirements (in Australia or elsewhere) relating to aviation safety and other transport safety; and
 (b) the applicant's demonstrated attitude towards compliance with regulatory requirements (in Australia or elsewhere) relating to aviation safety and other transport safety; and
 (c) the applicant's experience (if any) in aviation; and
 (d) the applicant's knowledge of the regulatory requirements applicable to civil aviation in Australia; and
 (e) the applicant's history, if any, of serious behavioural problems; and
 (f) any conviction (other than a spent conviction, within the meaning of Part VIIC of the Crimes Act 1914) of the applicant (in Australia or elsewhere) for a transport safety offence; and
 (g) any evidence held by CASA that the applicant has contravened:
 (i) the Act or these Regulations; or
 (ii) a law of another country relating to aviation safety; or
 (iii) another law (of Australia or of another country) relating to transport safety; and
 (h) in the case of an authorisation referred to in subregulation 11.040(2), the applicant's financial standing and financial stability; and
 (i) any other matter relating to the fitness of the applicant to hold