Commonwealth Consolidated Regulations

CIVIL AVIATION REGULATIONS 1988 - REG 299

  (1)   This regulation applies to the holder of any of the following:

  (a)   a flight crew licence, rating or endorsement;

  (b)   a certificate of validation;

  (c)   any of the following within the meaning of subregulation   5.01(1):

  (i)   a balloon class endorsement;

  (ii)   a balloon flight crew rating;

  (iii)   a CAR certificate of validation;

  (iv)   a commercial pilot (balloon) licence;

  (v)   a flight radiotelephone operator licence.

  (2)   If CASA considers it necessary in the interests of the safety of air navigation, CASA may give the holder a notice in writing:

  (a)   requiring the holder to undertake an examination specified by CASA to demonstrate that the holder continues to possess the aeronautical skills and aeronautical knowledge appropriate to the licence, rating, endorsement or certificate; and

  (b)   setting out the reasons for CASA's decision; and

  (c)   setting out the time and place of the examination.

Note:   A decision to require a person to undertake an examination is reviewable by the Administrative Appeals Tribunal: see regulation   297A.

  (3)   CASA must not set out a time under paragraph   (2)(c) that is within 21 days after the date of the notice.

  (4)   A person who is given a notice under subregulation   (2) commits an offence if the person:

  (a)   refuses to undertake an examination; or

  (b)   fails to attend at the time and place set out in the notice.

Penalty:   50 penalty units.

  (5)   An offence against this regulation is an offence of strict liability.