Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:4:p25
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 4 (pt 25/30)
Character Range: 1534601–1537405

operation of an aircraft:
 (a) where CASA is satisfied that the contravention or failure is not likely to recur, CASA may do either or both of the following:
 (i) suspend the person's licence, rating, endorsement or qualification for an appropriate period;
 (ii) direct the person to receive appropriate counselling or training; and
 (b) where CASA is not satisfied as mentioned in paragraph (a), CASA may:
 (i) if the contravention or failure is sufficiently serious, or has occurred before—cancel the licence, rating, endorsement or qualification; or
 (ii) take either or both of the courses mentioned in paragraph (a).
 (3) If the person does not meet a requirement of, or under, these Regulations in relation to getting or keeping the licence, rating, endorsement or qualification, but there is a reasonable prospect that he or she will be able to do so within a reasonable time, CASA may suspend the licence, rating, endorsement or qualification:
 (a) until the happening of a specified event; or
 (b) until the holder successfully completes specified training; or
 (c) for a specified period within which the holder is likely to become able to meet the requirement.
 (4) If the person does not meet a requirement of, or under, these Regulations in relation to getting or keeping the licence, rating, endorsement or qualification and there is no reasonable prospect that he or she will be able to do so within a reasonable time, CASA must cancel the licence, rating, endorsement or qualification.

65.280  Procedure for decision
 (1) When considering whether to cancel or suspend a licence, rating, endorsement or qualification, CASA must take into account any submission that the holder makes within the time allowed by the relevant show cause notice.
 (2) CASA must tell the holder in writing of its decision.
 (3) If CASA has not decided whether or not to cancel or further suspend the licence, rating, endorsement or qualification within 30 days after the end of the period allowed for submissions by the show cause notice, CASA is taken to have decided, at the end of that 30‑day period, neither to cancel nor further suspend the licence, rating, endorsement or qualification.
 (4) If the licence, rating, endorsement or qualification is provisionally suspended, and CASA decides, or is taken under subregulation (3) to have decided, neither to cancel nor further suspend it, the provisional suspension ceases to have effect when CASA makes, or is taken to have made, that decision.

65.285  Effect of suspension or provisional suspension of authorisation
  If CASA suspends, or provisionally suspends, a person's licence, rating or endorsement under this Division:
 (a) the person is taken not to be the holder of the licence, rating or endorsement; and
 (b) the licence, rating or endorsement