Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:4:p2
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 4 (pt 2/27)
Character Range: 65233–68025

subregulation (1); and
 (b) the applicant fails to comply with the requirement.
Penalty: 30 penalty units.

Requirement to keep declarations (or copy)—agents and applicants
 (3) A person, other than CASA, who makes, or receives, a declaration under regulation 11.033 or this regulation must keep the declaration, or a copy of the declaration, at least for the following period, beginning on the day the declaration is made:
 (a) if CASA has determined a period under subregulation (4) for the purposes of this paragraph that applies to the declaration—that period; or
 (b) otherwise—5 years.
 (4) For the purposes of subsection 98(5A) of the Act and paragraph (3)(a) of this regulation, CASA may, by instrument, determine periods of not more than 5 years:
 (a) in relation to classes of declarations; or
 (b) in relation to particular declarations.
Note: For the application of the Legislation Act 2003 to an instrument under this subregulation, see subsections 98(5AA) to (5D) of the Civil Aviation Act 1988.
 (5) A person commits an offence of strict liability if:
 (a) the person is subject to a requirement under subregulation (3); and
 (b) the person fails to comply with the requirement.
Penalty: 30 penalty units.

Requirement to produce declarations (or copy)—agents and applicants
 (6) A person (the agent or applicant), other than CASA, who makes, or receives, a declaration under regulation 11.033 or this regulation must produce the declaration, or a copy of the declaration, for inspection on a demand made, within the period that applies to the declaration under subregulation (3), by a person covered by subregulation (7).
 (7) For the purposes of subregulation (6), this subregulation covers the following persons:
 (a) an authorised person;
 (b) a member or special member of the Australian Federal Police;
 (c) a member of a police force or a police service of a State or Territory.
 (8) An agent or applicant commits an offence of strict liability if:
 (a) the agent or applicant makes, or receives, a declaration under regulation 11.033 or this regulation; and
 (b) a person makes a demand of the agent or applicant under subregulation (6); and
 (c) the agent or applicant fails to comply with the demand.
Penalty: 5 penalty units.

11.035  Other things CASA can ask applicant to do—test or interview
 (1) In this regulation:
test includes a written, oral or on‑line examination and a practical assessment.
 (2) If CASA reasonably needs to interview or test an applicant who is an individual (including a member of a partnership) for the purpose of satisfying itself about a matter mentioned in subregulation 11.055(1A), CASA may by written notice ask the applicant to:
 (a) undertake a test of knowledge, skill or competence relevant to the application; or
 (b) come to a