Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:12:p19
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 12 (pt 19/30)
Character Range: 2328448–2331234

the safety of air navigation if the certification were not suspended; and
 (b) the show cause notice states that the certification is suspended for that reason.
 (5) CASA may at any time revoke the suspension.
 (6) If the certification of a person as an RPA operator is suspended under subregulation (3):
 (a) the operator is taken not to be a certified RPA operator during the period of suspension; and
 (b) the certification is not in force while suspended; and
 (c) if CASA has not dealt with the suspension under regulation 101.365 within 90 days after the day the certification is suspended, the suspension lapses at the end of that period (if it is not earlier revoked under subregulation (5) of this regulation or subregulation 101.365(2)).
Note: Regulation 201.004 provides for review of certain decisions by the Administrative Review Tribunal.

101.365  Variation, suspension or cancellation of RPA operator's certification
 (1) CASA may vary, suspend or cancel a certified RPA operator's certification by written notice to the operator, if:
 (a) CASA has given to the operator a show cause notice under regulation 101.360 in relation to it; and
 (b) CASA has taken into account any representations made, within the period stated in the notice, by or on behalf of the operator; and
 (c) there are reasonable grounds for believing that:
 (i) the operator has operated an RPA in contravention of these Regulations, an instrument under these Regulations or a condition of the certification; or
 (ii) a person engaged or employed by the operator has operated an RPA negligently or carelessly; or
 (iii) a person engaged or employed by the operator, in operating an RPA, has recklessly endangered human life or property; or
 (iv) at the time the operator was certified the operator did not meet, or now no longer meets, the criteria for eligibility under regulation 11.055 as they applied at the time of certification.
Note: For subparagraph (iv), in determining whether the criteria for eligibility were or are met, CASA may take into account the matters mentioned in subregulation 11.055(4).

Notice of decision
 (2) If CASA has given a show cause notice under regulation 101.360 to a certified RPA operator:
 (a) in the event that CASA decides to vary, suspend or cancel the certification—CASA must give the operator notice of the decision, including (in the case of a decision to suspend the certification) notice of the period of suspension; and
 (b) in the event that CASA decides not to vary, suspend or cancel the certification—CASA must, in writing:
 (i) give the operator notice accordingly; and
 (ii) if the certification was suspended under subregulation 101.360(3)—revoke the suspension.

Effect of suspension
 (3) If the certification of a person as an RPA operator is