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CIVIL AVIATION ACT 1988 - SECT 30DY

First - time demerit suspension notice

  (1)   CASA must give the holder of a civil aviation authorisation a demerit suspension notice under this section if:

  (a)   the holder incurs demerit points for a prescribed offence; and

  (b)   taken together with demerit points incurred by the holder for offences committed by the holder in the 3 years ending on the day the offence was committed, the holder has incurred at least 12 demerit points in relation to the same class of authorisations; and

  (c)   the holder has not previously been given a demerit suspension notice in relation to that class of authorisations.

  (1A)   If a person incurs demerit points before becoming a holder of a civil aviation authorisation, then, for the purpose of paragraph   (1)(b), those points are taken to have been incurred by the holder for offences committed by the holder.

  (2)   The effect of giving the notice is that:

  (a)   from the start date specified in the notice, all of the holder's civil aviation authorisations of that class are suspended for the suspension period; and

  (b)   the holder is not entitled to be granted a civil aviation authorisation of that class, from the date of the notice until the end of the last day on which a civil aviation authorisation of that class is suspended as a result of the notice.

  (3)   The suspension period for an authorisation is:

  (a)   if the total of the demerit points counted under paragraphs   (1)(a) and (b) is 12, 13, 14 or 15--90 days; or

  (b)   if the total of the demerit points counted under paragraphs   (1)(a) and (b) is 16, 17, 18 or 19--120 days; or

  (c)   otherwise--150 days.

Note:   The suspension period for a particular authorisation may be affected by section   30EB.


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