Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:10:p58
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 10 (pt 58/63)
Character Range: 1705425–1707947

that he or she has a medically significant condition; and
 (b) is reckless as to whether the condition has been disclosed to CASA; and
 (c) the condition has the result that his or her ability to do an act authorised by the licence is impaired;
he or she must not do the act until a DAME certifies that the holder can safely do such acts.
Penalty: 50 penalty units.
Note: If the holder of a medical certificate tells a DAME about a medically significant condition, and the condition is safety‑relevant, the DAME must tell CASA in writing of that fact within 5 working days—see regulation 67.125.
 (6) It is a defence to a prosecution under subregulation (5) that, in the circumstances, the relevant act was a reasonable measure to save life (including the holder's own life) or avoid damage to property.

67.270  Offence—doing act while efficiency impaired—licence holders
 (1) This regulation applies in relation to the following licences:
 (a) a flight crew licence;
 (b) a balloon flight crew licence within the meaning of subregulation 5.01(1) of CAR;
 (c) an ATC licence.
 (2) The holder commits an offence if:
 (a) the holder does an act authorised by the licence; and
 (b) at the time of doing the act:
 (i) the holder knows that he or she has a medically significant condition; and
 (ii) the condition has the result that the holder's ability to do the act is impaired.
Penalty: 50 penalty units.

Class 1 medical certificates
 (3) The holder commits an offence if:
 (a) the holder does an act authorised by the licence; and
 (b) the holder knows that he or she has had a condition mentioned in paragraph (2)(b); and
 (c) the holder's normal ability to do the act is not fully restored within 7 days after the holder first becomes aware that he or she had the condition; and
 (d) the holder is authorised to do the act only if the holder also holds a class 1 medical certificate; and
 (e) the holder has not been given a certificate by a DAME to the effect that the holder's normal ability to do the act is no longer impaired.
Penalty: 50 penalty units.

Class 2 and 3 medical certificates
 (4) The holder commits an offence if:
 (a) the holder does an act authorised by the licence; and
 (b) the holder knows that he or she has had a condition mentioned in paragraph (2)(b); and
 (c) the holder's normal ability to do the act is not fully restored within 30 days after the holder first becomes aware that he or she had the condition; and
 (d) the holder is authorised to do the act only if the holder also holds a