Division 3 Suspension and cancellation of licences
65.255 Provisional suspension of licence pending examination or assessment
65.260 Provisional suspension of ATS licence etc during investigation
65.265 Show cause procedure
65.270 CASA’s powers in respect of licence etc
65.275 Choice between cancellation and suspension
65.280 Procedure for decision
65.005 Applicability of this Part
This Part applies to the performance of functions in connection with providing air traffic services (within the meaning of Annex 11 to the Chicago Convention) in Australian territory.
65.010 Definitions for this Part
currency requirement means the requirement referred to in regulation 65.030.
Manual of Standards means the document called ‘Manual of Standards (MOS) – Part 65’ published by CASA, as in force from time to time.
recency requirement means the requirement referred to in regulation 65.025.
Note Air traffic control function means a function described in a paragraph of subregulation 65.075 (2); flight service function means the function described in subregulation 65.130 (2) — see the Dictionary.
65.015 Meaning of successful completion of training
For this Part, a person has successfully completed training for a licence, rating, endorsement or qualification only if:
(a) he or she has passed (to the standard required by the Manual of Standards) any examination required by that Manual; and
(b) he or she has successfully completed (to the standard required by that Manual) any practical performance assessment so required.
65.020 Effect of ATS provider’s failure to comply with this Part
A failure by an ATS provider to comply with a requirement of or under this Part is not an offence but may be taken into account in deciding whether or not the provider’s certificate should be suspended or revoked.
65.025 How to satisfy recency requirement
(1) The holder of an ATC licence or a flight service licence satisfies the recency requirement in relation to an endorsement at a particular time if he or she has performed the duties required by the relevant function at the aerodrome or in relation to the airspace to which the endorsement relates, for at least 5 hours within the previous 21 days.
(2) If an ATS provider specifies in its operations manual that 2 or more endorsements are of like type for this regulation, a licence holder who performed the duties of any of those endorsements for a total of at least 5 hours within the previous 21 days also satisfies the recency requirement.
Division Div 3 - Civil Aviation Amendment Regulations 2002 (No. 2) - Suspension and cancellation of licences | Zoe
(3) A licence holder who does not satisfy the recency requirement at a particular time in relation to an endorsement is taken to satisfy that requirement at a later time after:
(a) he or she:
(i) has carried out the relevant function at that aerodrome, or in relation to that airspace, under supervision for at least 1 normal working day for each month that has passed since he or she last performed the function at that aerodrome or in relation to that airspace; or
(ii) has undergone any retraining required by the relevant ATS provider’s operations manual; and
(b) he or she has been assessed by the ATS provider as competent in performing the function at that aerodrome or in relation to that airspace.
65.030 How to satisfy currency requirement
(1) The holder of an ATC licence or a flight service licence satisfies the currency requirement in relation to an endorsement at a particular time if:
(a) within the previous 12 months, he or she has passed, to the standard required by the Manual of Standards, an examination in the subject-matter specific to the endorsement; and
(b) within the previous 6 months, his or her performance of the relevant function at the aerodrome, or in relation to the airspace, to which the endorsement relates, has been assessed as satisfactory.
(2) The holder of an ATC licence or a flight service licence satisfies the currency requirement in relation to a rating at a particular time if, within the previous 12 months, he or she has passed, to the standard required by the Manual of Standards, an examination in the subject-matter specific to the rating.
(3) The examination and assessment must be carried out in accordance with any relevant requirements and standards in the Manual of Standards.
Subpart B Authority to act in air traffic control and flight service
65.035 Authority to carry out air traffic control function
(1) A person may carry out an air traffic control function in Australian territory if, at the time the person carries out the function:
(a) he or she holds an ATC licence with a rating for the function and an endorsement for the place where, or the airspace in relation to which, he or she carries it out; and
(b) the licence, rating and endorsement are in force; and
(c) he or she:
(i) satisfies the recency and currency requirements in relation to the endorsement; and
(ii) satisfies the currency requirement in relation to the rating.
(2) A person to whom subregulation (3) applies may carry out an air traffic control function in Australian territory under the supervision of a person who meets the requirements of subregulation (1).
(3) This subregulation applies to each of the following persons:
(a) a person who CASA has authorised in writing to carry out the relevant function;
(b) a person who:
(i) holds an ATC licence with a rating for the function and an endorsement for the place where, or the airspace in relation to which, he or she carries it out; but
(ii) at the relevant time, in relation to the rating or endorsement, does not satisfy the recency or currency requirement;
(c) a person who:
(i) holds an ATC licence; and
(ii) carries out the function in the course of training for a rating or endorsement (whether or not the person holds a rating or endorsement at the time);
(d) a person (other than a person who held an ATC licence that has been cancelled) who:
(i) has completed an approved course of training in the theory of air traffic control; and
(ii) carries out the function in the course of undergoing practical training for an ATC licence.
65.040 Rules applicable when a person performs ATC function under supervision
(1) If a person to whom subregulation 65.035 (3) applies (the trainee) is carrying out an air traffic control function under the supervision of a person who meets the requirements of subregulation 65.035 (1) (the supervisor), this regulation applies.
(2) The trainee must comply with the supervisor’s directions.
(3) Any failure by the supervisor to supervise the trainee adequately is not an offence, but may be taken into account in considering whether the supervisor’s ATC licence should be suspended or cancelled.
65.045 Offences — carrying out ATC function without authority
(1) A person who is not authorised to do so by subregulation 65.035 (1) or (2) must not carry out an air traffic control function in Australian territory.
(2) A person to whom subregulation 65.035 (3) applies must not carry out an air traffic control function in Australian territory if the person is not acting under the supervision of a person who meets the requirements of subregulation 65.035 (1).
(3) Strict liability applies to the following physical elements:
(a) in subregulation (1) — that the person is not authorised by subregulation 65.035 (1) or (2);
(b) in subregulation (2) — that the person under whose supervision the air traffic control function is carried out is a person who meets the requirements of subregulation 65.035 (1).
(4) It is a defence to a charge of contravening subregulation (1) or (2) that the relevant action was, in the circumstances, reasonable in the interests of the safety of aerial navigation.
Note A defendant bears an evidential burden in relation to the matter mentioned in subregulation (4).
65.050 Authority to carry out flight service function
(1) A person may carry out a flight service function in Australian territory if, at the time he or she carries out the function:
(a) he or she holds a flight service licence with a rating for the function and an endorsement for the place where, or the airspace in relation to which, he or she carries it out; and
(b) the licence, rating and endorsement are in force; and
(c) he or she:
(i) satisfies the recency and currency requirements in relation to the endorsement; and
(ii) satisfies the currency requirement in relation to the rating.
(2) A person to whom subregulation (3) applies may carry out a flight service function in Australian territory under the supervision of a person who meets the requirements of subregulation (1).
(3) This subregulation applies to each of the following persons:
(a) a person who CASA has authorised in writing to carry out the function;
(b) a person who:
(i) holds a flight service licence with a rating for the function and an endorsement for the place where, or the airspace in relation to which, he or she carries it out; but
(ii) at the relevant time, in relation to the rating or endorsement, does not satisfy the recency or currency requirement;
(c) a person who:
(i) holds a flight service licence; and
(ii) carries out the function in the course of training for a rating or endorsement (whether or not the person holds a rating or endorsement at the time);
(d) a person (other than a person who held a flight service licence that has been cancelled) who:
(i) has completed an approved course of training in the theory of flight service; and
(ii) carries out the function in the course of undergoing practical training for a flight service licence.
65.055 Rules applicable when a person performs flight service function under supervision
(1) If a person to whom subregulation 65.050 (3) applies (the trainee) is carrying out a flight service function under the supervision of a person who meets the requirements of subregulation 65.050 (1) (the supervisor), this regulation applies.
(2) The trainee must comply with the supervisor’s directions.
(3) Any failure by the supervisor to supervise the trainee adequately is not an offence, but may be taken into account in considering whether the supervisor’s flight service licence should be suspended or cancelled.
65.060 Offences — carrying out flight service function without authority
(1) A person who is not authorised to do so by subregulation 65.050 (1) or (2) must not carry out a flight service function in Australian territory.
(2) A person to whom subregulation 65.050 (3) applies must not carry out a flight service function in Australian territory if the person is not acting under the supervision of a person who meets the requirements of subregulation 65.050 (1).
(3) Strict liability applies to the following physical elements:
(a) in subregulation (1) — that the person is not authorised by subregulation 65.050 (1) or (2);
(b) in subregulation (2) — that the person under whose supervision the flight service function is carried out is a person who meets the requirements of subregulation 65.050 (1).
65.065 Authority to use ground-based radio equipment
Despite subregulations 83 (2) and (3) of CAR 1988, a person who may, under regulation 65.035 or 65.050, carry out an air traffic control function or a flight service function in Australian territory may operate, for the purpose of performing that function, a radiocommunication system used for the purpose of ensuring the safety of air navigation but not installed in or carried on an aircraft.
Subpart C Licensing
Division 1 Air traffic controller licensing
65.070 Eligibility for grant of ATC licence
(1) A person is eligible to be granted an ATC licence if he or she:
(a) has turned 18; and
(b) holds a Class 3 medical certificate; and
(c) has successfully completed the training (including any examination or assessment) specified in the Manual of Standards for the licence, a rating and an endorsement; and
(d) appears to have the characteristics of personality, and other psychological attributes, necessary to carry out the duties of an air traffic controller safely and efficiently; and
(e) speaks English clearly, and understands spoken English, to a standard that allows clear spoken two-way communication in the course of performing an air traffic control function.
(2) Without limiting the generality of paragraph (1) (d), if any of the following circumstances exists in relation to a person, the inference may be drawn that the person does not have the characteristics mentioned in that paragraph:
(3) A statement by an ATS provider, given in accordance with procedures set out in its operations manual, that a person meets the requirements in paragraphs (1) (d) and (e) is, in the absence of contrary evidence, sufficient evidence of that fact.
65.075 Air traffic controller ratings
(1) The air traffic controller ratings for Australia are the following:
(a) aerodrome control rating;
(b) approach control rating;
(c) approach radar control rating;
(d) area control rating;
(e) area radar control rating.
Note The air traffic controller ratings are specified in section 4.4 of Annex 1, Personnel Licensing, to the Chicago Convention. Not all the ratings specified there are in use in Australia.
(2) The function of an ATC licence holder who holds a particular rating is as follows:
(a) if the rating is an aerodrome control rating — to provide, or supervise the provision of, aerodrome control service (including traffic information, flight information and alerting services) for the aerodrome for which the licence holder holds an endorsement;
(b) if the rating is an approach control rating — to provide, or supervise the provision of, approach control service (including traffic information, flight information and alerting services) for the airspace for which the licence holder holds an endorsement;
(c) if the rating is an approach radar control rating — to provide, or supervise the provision of, approach control service (including traffic information, flight information and alerting services) with the use of radar or another surveillance system for the airspace for which the licence holder holds an endorsement;
(d) if the rating is an area control rating — to provide, or supervise the provision of, area control service (including traffic information, flight information and alerting services) for the airspace for which the licence holder holds an endorsement;
(e) if the rating is an area radar control rating — to provide, or supervise the provision of, area control service (including traffic information, flight information and alerting services) with the use of radar or another surveillance system for the airspace for which the licence holder holds an endorsement.
65.080 Grant of rating on ATC licence
(1) A person who is eligible to be granted an ATC licence is eligible to hold a rating if he or she has successfully completed the training required by the Manual of Standards for the grant of the rating.
(2) An ATS provider must set up and maintain a program to ensure that its employees who hold ATC licences maintain ratings appropriate to their duties.
(3) That program must be in accordance with any standards and requirements set out in the Manual of Standards.
(4) The provider must include details of the program, including necessary training and tests of competency, in its operations manual.
65.085 Endorsement of ATC licences
(1) An endorsement certifies that an ATC licence holder is competent to perform a particular air traffic control function at a particular aerodrome, or in relation to particular airspace.
(2) A person who is eligible to be granted an ATC licence is eligible to be granted an endorsement if he or she has successfully completed the training required by the Manual of Standards for the grant of the endorsement.
(3) An ATS provider must set up and maintain a program to ensure that its employees who hold ATC licences maintain endorsements appropriate to their duties.
(4) That program must be in accordance with any standards and requirements set out in the Manual of Standards.
(5) The provider must include details of the program, including necessary training and tests of competency, in its operations manual.
65.090 ATS provider’s obligation to provide currency and recency training and assessment
(1) An ATS provider must set up and maintain, in accordance with the Manual of Standards, programs for:
(a) continuing assessment of its employees’ competency for the purposes of ensuring that they continue to satisfy the currency requirements in relation to ratings and endorsements; and
(b) familiarisation, retraining and assessment of any of its employees who at any time do not satisfy the currency or recency requirement in relation to an endorsement.
(2) The provider must include details of the program, including necessary training and tests of competency, in its operations manual.
65.095 Ancillary qualifications
(1) An ATC qualification certifies that the holder is competent to perform a particular ancillary function.
(2) The functions include the following:
(a) classroom instructor;
(b) on-the-job instructor;
(c) workplace assessor.
(3) Within the limits set out in the Manual of Standards, an ATS provider may define, for the provider’s organisation, the responsibilities of the holder of an ATC qualification mentioned in paragraph (2) (a), (b) or (c).
(4) Subregulation (1) does not prevent an ATS provider defining an ancillary function for use within its own organisation.
(5) An ATS provider must set up and maintain a program to grant ATC qualifications to, and administer ATC qualifications held by, its employees.
(6) The provider must include details of the program, including necessary training and tests of competency, in its operations manual.
(7) The program must be in accordance with the standards and requirements set out in the Manual of Standards.
65.100 Conduct of practical training
An ATS provider must ensure that practical training carried out by it, or on its behalf, for the award of an ATC licence, rating, endorsement or ATC qualification, is carried out in accordance with:
65.105 Conduct of examinations
An ATS provider must ensure that an examination or assessment carried out by it, or on its behalf, for the award of an ATC licence, rating, endorsement or ATC qualification, is carried out in accordance with:
65.110 Duration of ATC licence
(1) An ATC licence is in force until it is cancelled.
(2) However, an ATC licence is not in force:
(b) during any period during which its holder does not also hold a Class 3 medical certificate.
Note Suspension of a licence also suspends each rating or endorsement on it — see subregulation 65.115 (4). However, suspension of a licence, rating or endorsement does not automatically suspend an ATC qualification held by the same person — see subregulation 65.120 (3).
65.115 Periods of validity of ratings and endorsements
(1) Unless sooner cancelled, a rating on an ATC licence is valid for 12 months or until the licence is cancelled.
(2) Unless sooner cancelled, an endorsement on an ATC licence remains valid:
(a) for the period (no longer than 6 months) specified for an endorsement in the operations manual of the ATS provider that granted it; or
(b) if the licence is cancelled before that time — until the licence is cancelled; or
(c) if the rating with which the endorsement is connected is cancelled before that time — until the rating is cancelled; or
(d) until the licence holder ceases to be employed by that ATS provider.
(3) For paragraph (2) (c), an endorsement is connected with a rating if the endorsement authorises the performance, at a particular aerodrome or in relation to particular airspace, of the function of a holder of the rating.
Note For the function of the holder of each kind of rating, see subregulation 65.075 (2).
(4) A rating or endorsement is not in force:
(b) during any period of suspension of the relevant licence.
65.120 Periods of validity of ATC qualifications
(1) Unless sooner cancelled, an ATC qualification remains valid:
(a) for the period specified by the ATS provider or ATS training provider that granted it; or
(b) if any ATC licence, rating or endorsement on which it is dependent, is cancelled before that time — until the licence, rating or endorsement is cancelled; or
(c) until the holder ceases to be employed by that ATS provider or ATS training provider.
(2) For paragraph (1) (b), an ATC qualification is dependent on a particular licence, rating or endorsement if the ATS provider or ATS training provider that grants the qualification so specifies.
(3) A qualification is not in force during any period of suspension, but is not taken to be suspended by the suspension of any licence, rating or endorsement held by the holder of the qualification.
Division 2 Flight service officer licensing
65.125 Eligibility for grant of flight service licence
(1) A person is eligible to be granted a flight service licence with a traffic information rating if he or she:
(a) has turned 18; and
(b) holds a Class 3 medical certificate; and
(c) has successfully completed the training (including any examination or assessment) specified in the Manual of Standards for the licence, the rating and an endorsement; and
(d) appears to have the characteristics of personality, and other psychological attributes, necessary to carry out the duties of a flight service officer safely and efficiently; and
(e) speaks English clearly, and understands spoken English, to a standard that allows clear spoken two-way communication in the course of performing a flight service function.
(2) Without limiting the generality of paragraph (1) (d), if any of the following circumstances exists in relation to a person, the inference may be drawn that the person does not have the characteristics mentioned in that paragraph:
(3) A statement by an ATS provider, given in accordance with procedures set out in its operations manual, that a person meets the requirements in paragraphs (1) (d) and (e) is, in the absence of contrary evidence, sufficient evidence of that fact.
65.130 Flight service ratings
(1) The only flight service rating for Australia is the traffic information service rating.
(2) The function of a flight service licence holder holding a traffic information service rating is to provide, or supervise the provision of, a traffic and flight information and alerting service for the flight information area for which the licence is endorsed.
65.135 Maintenance of ratings on flight service licence
(1) An ATS provider must set up and maintain a program to ensure that its employees who hold flight service licences hold traffic information ratings.
(2) The provider must include details of that program, including necessary training and tests of competency, in its operations manual.
(3) That program must be in accordance with the standards and requirements set out in the Manual of Standards.
65.140 Endorsements on flight service licences
(1) An endorsement on a flight service licence certifies that the licence holder is competent to perform a flight service function in relation to an aerodrome or particular airspace.
(2) An ATS provider must set up and maintain a program to grant and administer endorsements on flight service licences held by its employees.
(3) The provider must include details of the program, including necessary training and tests of competency, in its operations manual.
(4) The program must be in accordance with the standards and requirements set out in the Manual of Standards.
65.145 Ancillary qualifications
(1) A flight service qualification certifies that the holder is competent to perform a particular ancillary function.
(2) The functions are the following:
(a) classroom instructor;
(b) on-the-job instructor;
(c) workplace assessor.
(3) Within the limits set by the Manual of Standards, an ATS provider may define, for the provider’s organisation, the responsibilities of the holder of a flight service qualification mentioned in paragraph (2) (a), (b) or (c).
(4) Subregulation (1) does not prevent an ATS provider defining an ancillary function for use within its own organisation.
(5) An ATS provider must set up and maintain a program to grant flight service qualifications to, and administer flight service qualifications held by, its employees.
(6) The provider must include details of the program, including necessary training and tests of competency, in its operations manual.
(7) The program must be in accordance with the standards and requirements set out in the Manual of Standards.
65.150 Conduct of training
An ATS provider must ensure that training carried out by it, or on its behalf, for the award of a flight service licence, rating, endorsement or flight service qualification, is carried out in accordance with:
65.155 Conduct of examinations
An ATS provider must ensure that an examination carried out by it, or on its behalf, for the award of a flight service licence, rating, endorsement or flight service qualification, is carried out in accordance with:
65.160 Duration of flight service licence
(1) A flight service licence is in force until it is cancelled.
(2) However, a flight service licence is not in force:
(b) during any period during which its holder does not also hold a Class 3 medical certificate.
Note Suspension of a licence also suspends each rating or endorsement on it — see subregulation 65.165 (3). However, suspension of a licence, rating or endorsement does not automatically suspend an ATC qualification held by the same person — see subregulation 65.170 (3).
65.165 Periods of validity of rating and endorsement
(1) Unless sooner cancelled, a rating on a flight service licence is valid for 12 months or until the licence is cancelled or ceases to be valid.
(2) Unless sooner cancelled, an endorsement on a flight service licence remains valid:
(a) for the period (no longer than 6 months) specified for an endorsement in the operations manual of the ATS provider that granted it; or
(b) if the licence is cancelled before that time — until the licence is cancelled; or
(c) until the licence holder ceases to be employed by that ATS provider.
(3) A rating or endorsement is not in force:
(b) during any period of suspension of the relevant licence.
65.170 Period of validity of flight service qualification
(1) Unless sooner cancelled, a flight service qualification remains valid:
(a) for the period specified by the ATS provider or ATS training provider that granted it; or
(b) if a flight service licence, rating or endorsement on which it is dependent is cancelled before that time — until the licence, rating or endorsement is cancelled; or
(c) until the holder ceases to be employed by that ATS provider or ATS training provider.
(2) For paragraph (1) (b), a flight service qualification is dependent on a flight service licence, rating or endorsement if the ATS provider or ATS training provider that granted the qualification so specifies.
(3) A qualification is not in force during any period of suspension, but is not taken to be suspended by the suspension of any licence, rating or endorsement held by the holder of the qualification.
Subpart E Administrative functions
Division 1 Grant of licences
65.175 Definitions for this Subpart
In this Subpart:
licence means an ATC licence or a flight service officer licence.
qualification means an ATC qualification or a flight service qualification.
65.180 How to apply
(1) A person must apply for the grant of a licence in the way set out in this regulation.
(3) The application must give details of the applicant’s training, qualifications and experience, so far as relevant.
(4) The application must be accompanied by:
(a) a copy of any document that shows that the applicant has completed that training, holds that qualification or has that experience; and
(b) evidence that the applicant holds a Class 3 medical certificate; and
(c) evidence of the kind mentioned in subregulation 65.070 (3) or 65.125 (3), as the case requires.
65.185 Who to apply to
The application must be made to CASA.
65.190 Application for licence cancelled previously
If a person who applies for a licence has previously held a licence, and the previously held licence was cancelled for a reason mentioned in paragraph 65.265 (1) (a), (b), (c) or (d), the person must include with the application any available evidence tending to show that the person could now properly exercise the powers or carry out the functions that would be conferred by the licence applied for.
65.195 Other things CASA can ask individual applicant to do — test or interview
(1) CASA may ask an applicant, in writing, to:
(a) undertake a test or tests of competence; or
(b) come to a specified CASA office at a specified reasonable time to be interviewed.
(2) If CASA asks an applicant to undertake a test, or come for interview, under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant undertakes the tests or participates in the interview.
65.200 Other things CASA can ask applicant to do — provide more information
(1) If CASA reasonably needs more information or another document to allow it to consider an application, CASA may ask the applicant in writing to give it information, or a copy of a document, specified in the request.
(2) In particular, CASA may ask an applicant to provide a written statement by any ATS provider that has employed the applicant as to the applicant’s service history.
(3) If CASA asks for more information, or a copy of a document, under subregulation (1) or (2), CASA need not begin to consider, or may stop considering, the application until the applicant gives it the information or copy.
65.205 Statutory declarations to verify applications
(2) If CASA asks an applicant to verify a statement under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant gives it the statutory declaration.
65.210 Statutory declarations about certain offences etc
(1) Subject to Part VIIC of the Crimes Act 1914, and to any relevant law of a State or Territory about spent convictions, CASA may ask an applicant, in writing, to make a statutory declaration about whether he or she has been convicted of:
(a) an offence involving the use of alcohol or a drug; or
(b) an offence the substance of which is refusal to provide a blood, breath or urine sample for analysis.
(2) For subregulation (1), a person is taken to have been convicted of an offence if:
(a) he or she was charged with the offence, and a court found that the offence had been proved, but declined to record a conviction; or
(b) he or she asked for the offence to be taken into account when being dealt with by a court for another offence.
(3) Also for that subregulation, a person is taken to have been convicted of an offence if:
(a) a law provides for the issue, in relation to an alleged offence, of a notice requiring payment of a penalty as an alternative to prosecution; and
(b) under that law, a notice was issued to the person in relation to the offence; and
(c) the person paid the penalty required.
(4) If CASA asks an applicant to make a statutory declaration under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant gives it the statutory declaration.
65.215 Matters that CASA may or must take into account
(c) the contents of any statutory declaration made by the applicant under regulation 65.205 or 65.210.
(a) tell the applicant in writing that it intends to do so, and the substance of what CASA intends to take into account; and
(4) When deciding whether to grant a new licence to an applicant who previously held a licence that was cancelled, CASA must take into account:
(c) any evidence of the kind mentioned in regulation 65.190 that the person submits.
65.220 Statutory declarations to verify statements in submissions
(1) CASA may ask an applicant to verify any statement in a submission under subregulation 65.215 (3) by statutory declaration.
(3) If CASA asks an applicant to verify a statement under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant gives it the statutory declaration.
65.225 When CASA must grant a licence
(1) Subject to paragraph 30A (4) (b) of the Act, if a person has applied for the grant of a licence in accordance with this Subpart, CASA must grant the licence if:
(a) the person is eligible for the grant of the licence; and
(b) all other requirements for the grant of the licence by or under these Regulations by or in relation to the person are satisfied; and
(c) no other provision of these Regulations forbids CASA to grant the licence, or makes the person ineligible for the grant of the licence; and
(d) granting the licence would not be likely to have an adverse effect on the safety of air navigation.
(2) In subregulation (1), a reference to satisfying the requirements for the grant of a licence includes:
(a) having any qualifications required by or under these Regulations for the grant of the licence; 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) having attained the standard of medical fitness standard required for that grant, and having been granted an appropriate medical certificate; and
(e) if particular attributes of character are required by or under these Regulations for that grant — having those attributes.
(3) CASA may grant the licence subject to:
(a) any conditions specified in these Regulations as applicable to a licence; and
(b) any other condition necessary in the interests of the safety of air navigation.
65.230 When decision must be made
(1) If CASA does not make a decision about an application within 21 days after receiving it, CASA is taken to have refused the application.
(2) However, if CASA makes a request under regulation 65.195 or 65.200, the time between when CASA makes the request, and when the applicant undertakes the test, or comes in for interview, or gives CASA the information or copy requested, does not count towards the 21 days.
(3) Also, if CASA asks an applicant to make a statutory declaration under regulation 65.205, 65.210 or 65.220, the time between when CASA asks the applicant to do so and when the applicant gives CASA the statutory declaration does not count towards the 21 days.
(4) Also, if CASA invites an applicant to comment under subregulation 65.215 (2), the time between when CASA gives the invitation and when the applicant comments does not count towards the 21 days.
65.235 Notice of decision
After making a decision on an application for a licence, CASA must tell the applicant in writing, as soon as practicable:
(b) if the decision was to refuse the application, or to grant the licence subject to a condition not sought by the applicant, the reasons for the decision.
65.240 When licence comes into effect
A licence comes into effect:
(a) on a day stated in the notice under regulation 65.235; or
(b) if no day is so stated, on the date of the notice.
65.245 Licence document
(1) CASA must issue to a licence holder a licence document that complies with Chapter 5 of Annex 1 to the Chicago Convention.
(2) CASA may issue a replacement document if anything set out on such a document is no longer correct.
(3) If CASA issues a document to a licence holder and the licence is cancelled, the person who held the licence must return the relevant licence document to CASA immediately.
Note A person is not guilty of an offence of failing to do something that he or she is not capable of doing: see section 4.2 of the Criminal Code.
(4) An offence against subregulation (3) is an offence of strict liability.
(5) It is a defence to a charge of contravening subregulation (3) that the defendant returned the licence document to CASA as soon as practicable.
Note A defendant bears an evidential burden in relation to the matter mentioned in subregulation (5).
Division 2 Ongoing proficiency and medical testing
65.250 Re-examination or re-assessment of licence or qualification holder
(1) If:
(a) there is evidence that the holder of a licence or a qualification is not adequately performing his or her duties (whether because of lack of proficiency, injury, illness or for any other reason); and
(b) it is necessary, in the interests of the safety of air navigation, to require the holder to demonstrate his or her proficiency or fitness to perform those duties;
CASA may, at a reasonable time and on reasonable notice, direct the holder to undertake:
(c) an appropriate examination or performance assessment; or
(d) a medical assessment by a designated aviation medical examiner.
(2) In paragraph (1) (d):
medical includes psychological and psychiatric.
Division 3 Suspension and cancellation of licences
65.255 Provisional suspension of licence pending examination or assessment
(1) If under regulation 65.250 CASA directs the holder of a licence or qualification to undergo an examination, performance assessment or medical assessment, CASA may provisionally suspend the licence or a rating or endorsement on it, or the qualification, by notice in writing to the holder.
(2) The provisional suspension has effect from the time the notice is served on the holder.
(3) As soon as practicable after the examination or assessment, CASA must either:
(a) give the holder a notice under regulation 65.265 to show cause why the licence, rating, endorsement or qualification should not be cancelled or further suspended; or
(b) revoke the provisional suspension and tell the holder in writing that it has done so.
(4) CASA may revoke the provisional suspension at any time by notice in writing.
(5) If CASA gives the holder a show cause notice, the provisional suspension remains in effect (unless sooner revoked) until CASA decides, or is taken to have decided, whether or not to cancel the licence, rating, endorsement or qualification, or to further suspend it.
(6) However, if the holder does not comply with the direction within the time allowed by the notice to do so (or any extension of that time allowed by CASA), the licence, rating, endorsement or qualification remains suspended until the holder does so.
65.260 Provisional suspension of ATS licence etc during investigation
(1) If there is evidence that the holder of an ATS licence:
(a) may have contravened a provision of the Act or these Regulations; or
(b) may not meet a requirement of, or under, these Regulations in relation to getting or keeping the licence, rating, endorsement or qualification; or
(c) may have failed in his or her duty in a way that might adversely affect the safe navigation or operation of an aircraft; or
(d) may not have the characteristics of personality, and other psychological attributes, necessary to carry out the duties of an air traffic controller or flight service officer, or the holder of a qualification of the relevant kind, safely and efficiently;
CASA may provisionally suspend the holder’s licence, or a rating, endorsement or qualification, by notice in writing to the holder.
(2) CASA may revoke the provisional suspension at any time by notice in writing.
(3) The provisional suspension has effect from the time notice under subregulation (1) is served on the holder, and remains in effect (unless sooner revoked) until:
(a) if CASA gives to the holder a show cause notice — CASA decides, or is taken to have decided, whether or not to cancel the licence, rating, endorsement or qualification, or to further suspend it; or
(b) the end of 7 days after the time the notice under subregulation (1) is served on the holder.
65.265 Show cause procedure
(1) If there is evidence that the holder of an ATS licence:
(a) may have contravened a provision of the Act or these Regulations; or
(b) may not meet a requirement of, or under, these Regulations in relation to getting or keeping the licence, rating, endorsement or qualification; or
(c) may have failed in his or her duty in a way that might adversely affect the safe navigation or operation of an aircraft; or
(d) may not have the characteristics of personality, and other psychological attributes, necessary to carry out the duties of an air traffic controller or flight service officer, or the holder of a qualification of the relevant kind, safely and efficiently;
CASA may give to the holder a notice in accordance with this regulation (a show cause notice).
(2) Also, CASA may give to the holder of an ATS licence a show cause notice if:
(a) under regulation 65.250, CASA has directed the holder to undertake an examination or a performance assessment or medical assessment; and
(b) the holder has not done so within the time allowed by the direction (or any extension of that time allowed by CASA).
(3) The notice must be in writing.
(4) The notice must set out the facts and circumstances that appear to justify cancellation or suspension of the licence, rating, endorsement or qualification.
(5) The notice must invite the holder to show cause in writing, within a reasonable period stated in the notice, why the licence, rating, endorsement or qualification should not be cancelled or further suspended.
65.270 CASA’s powers in respect of licence etc
(1) CASA may cancel or suspend a licence, rating, endorsement or qualification if the holder:
(a) has contravened a provision of the Act or these Regulations; or
(b) does not meet a requirement of, or under, these Regulations in relation to getting or keeping the licence, rating, endorsement or qualification; or
(c) has failed in his or her duty in a way that adversely affects the safe navigation or operation of an aircraft; or
(d) appears not to have the characteristics of personality, and other psychological attributes, necessary to carry out the duties of an air traffic controller or flight service officer, or the holder of a qualification of the relevant kind, safely and efficiently.
(2) Without limiting the generality of paragraph (1) (d), if any of the following circumstances exists in relation to a person, the inference may be drawn that the person does not have the characteristics mentioned in that paragraph:
65.275 Choice between cancellation and suspension
(1) This regulation sets out how CASA decides whether to cancel a person’s licence, rating, endorsement or qualification, or suspend it.
(2) If the person has contravened a provision of the Act or these Regulations, or has failed in his or her duty in a way that adversely affects the safe navigation or 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:
(a) the person does not meet a requirement of, or under, these Regulations in relation to getting or keeping the licence, rating, endorsement or qualification; or
(b) does not have the characteristics and attributes referred to in paragraph 65.270 (1) (d);
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:
(c) until the happening of a specified event; or
(d) until the holder successfully completes specified training; or
(e) for a specified period within which the holder is likely either to become able to meet the requirement, or to acquire the characteristics and attributes.
(4) If:
(a) the person does not meet a requirement of, or under, these Regulations in relation to getting or keeping the licence, rating, endorsement or qualification; or
(b) does not have the characteristics and attributes referred to in paragraph 65.270 (1) (d);
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.