Commonwealth Consolidated Regulations

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CIVIL AVIATION REGULATIONS 1988 - REG 298C

Personation at examinations

  (1)   A person must not personate an examination candidate at a prescribed examination.

Penalty:   50 penalty units.

  (2)   If a person is charged with an offence against subregulation   (1), both the personator and the candidate are taken not to have passed the examination.

  (3)   If a person is charged with an offence against subregulation   (1):

  (a)   the personator; and

  (b)   unless CASA is satisfied that the personation took place without the candidate's knowledge or consent--the candidate;

are not permitted to attempt any prescribed examination:

  (c)   unless the person is acquitted of the offence; or

  (d)   unless the charge is withdrawn; or

  (e)   until a period of one year has passed from the date of the examination to which the charge related;

whichever happens first.

  (4)   In spite of subregulation   (2), if:

  (a)   a person who attempted an examination is charged with an offence against subregulation   (1); and

  (b)   either:

  (i)   the person is acquitted of that offence; or

  (ii)   the charge is withdrawn; and

  (c)   the mark obtained by the person in the examination is more than, or equal to, the pass mark for the examination;

the person is taken to have passed the examination.

  (5)   In this regulation:

"offence against subregulation (1)" includes:

  (a)   an offence against section   11.1 or 11.4 of the Criminal Code in relation to an offence against that subregulation; and

  (b)   an offence against subregulation   (1) because of the operation of section   11.2 or 11.3 of the Criminal Code .

  (6)   In this regulation:

"personator" means a person alleged to have personated a candidate.

"prescribed examination" has the same meaning as in regulation   298A.


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