Commonwealth Consolidated Regulations

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CIVIL AVIATION REGULATIONS 1988 - REG 5.27

CAR certificate of validation--issue

  (1)   A person may apply to CASA, in writing, for the issue of a CAR certificate of validation for an overseas balloon authorisation held by the person if:

  (a)   the person's overseas balloon authorisation is in force; and

  (b)   where the person is required to hold an overseas medical certificate for the authorisation to exercise the authority given by the authorisation in the country in which the authorisation was issued--the person holds an overseas medical certificate for the authorisation that is in force.

  (2)   Subject to subregulation   (3), CASA may issue a CAR certificate of validation to an applicant if:

  (a)   the applicant satisfies the requirements of subregulation   (1); and

  (b)   the applicant possesses a knowledge of the English language that is sufficient to enable him or her to safely exercise the authority given by a CAR certificate of validation; and

  (c)   the applicant is a suitable person to hold the certificate; and

  (d)   the applicant has passed the CAR certificate of validation examinations that CASA considers necessary in the interests of the safety of air navigation.

  (3)   CASA must not issue a CAR certificate of validation to an applicant if the applicant:

  (a)   has knowingly or recklessly made a false or misleading statement in relation to the application; or

  (b)   does not satisfy the requirements of subregulation   (2).

  (4)   In deciding whether an applicant for a certificate is a suitable person to hold the certificate, CASA must only take into account:

  (a)   any action taken by CASA, or a responsible organisation, in relation to any authority to perform activities essential to the operation of a balloon during flight time that was given to the applicant by CASA, or the organisation; and

  (b)   any other matter that relates to the safety of air navigation.

  (5)   An applicant for a certificate commits an offence if the applicant:

  (a)   is aware of information that is relevant to a matter that CASA must take into account in deciding whether the applicant is a suitable person to hold the certificate; and

  (b)   does not disclose the information to CASA.

Penalty:   50 penalty units.

  (6)   For paragraph   ( 2)(d), CASA may set and conduct examinations for the issue of certificates of validation.

  (7)   A CAR certificate of validation examination must be based on examination materials published by CASA.


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