Federal Register of Legislation - Australian Government

Primary content

CASA 61/19 Directions/Civil Aviation as made
This instrument limits the ability of persons who have had a flight crew licence varied, suspended, cancelled or refused on certain grounds from flying an aircraft as a member of a sport aviation organisation.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 17 Sep 2019
Tabling HistoryDate
Tabled HR18-Sep-2019
Tabled Senate19-Sep-2019
To be repealed 31 Aug 2022
Repealed by Self Repealing

Instrument number CASA 61/19

I, andrew melvin Sparrow, Acting Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under regulation 11.245 of the Civil Aviation Safety Regulations 1998.

[Signed A. Sparrow]

Andrew Sparrow
Acting Executive Manager, National Operations & Standards

13 September 2019

CASA 61/19 — Pilot Certificates (Sport Aviation Bodies) Direction 2019

1          Name

                 This instrument is CASA 61/19 — Pilot Certificates (Sport Aviation Bodies) Direction 2019.

2          Duration

                 This instrument:

(a)   commences on the day after it is registered; and

(b)   is repealed at the end of 31 August 2022.

Note   For regulation 11.250 of CASR, the directions issued in this instrument cease to be in force at the end of 31 August 2022.

3          Definitions

                 Note   In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations, including: ASAO certificate, flight crew licence, pilot certificate and sport aviation body.

In this instrument:

relevant sport aviation body: see section 4.

vary, a flight crew licence, includes impose a condition on, or vary a condition of, the licence.

4          Meaning of relevant sport aviation body

        (1)     A body is a relevant sport aviation body if it:

(a)   is a sport aviation body mentioned in subsection (2); and

(b)   does not hold an ASAO certificate.

        (2)     For paragraph (1) (a), the following are the sport aviation bodies:

(a)   Australian Ballooning Federation Incorporated, ARN 219881;

(b)   Australian Sport Rotorcraft Association Incorporated, ARN 223306;

(c)   The Gliding Federation of Australia Incorporated, ARN 217932;

(d)   Sports Aviation Federation of Australia Limited, ARN 217853;

(e)   Recreational Aviation Australia Limited, ARN 224806.

5          Directions — cancellation, suspension, or variation, of flight crew licence held by pilot certificate holder

        (1)     This section applies if:

(a)   a person holds:

             (i)  a flight crew licence; and

            (ii)  a pilot certificate granted by a relevant sport aviation body; and

(b)   the licence is cancelled, suspended or varied, other than at the person’s request.

        (2)     For subregulation 11.245 (1) of CASR, CASA directs that, within 7 days after the date the cancellation, suspension, or variation, of the licence takes effect, the person give written notice of the cancellation, suspension or variation to the sport aviation body.

        (3)     For subregulation 11.245 (1) of CASR, CASA directs that if the sport aviation body knows about the cancellation, suspension, or variation, of the licence, the body must, within 7 days after the date the body becomes aware of the cancellation, suspension or variation:

(a)   suspend the certificate; and

(b)   give written notice of the suspension to CASA.

        (4)     Subsection (3) does not apply if CASA has given a written approval, under this subsection, to the sport aviation body not to suspend the certificate under subsection (3).

        (5)     An approval under subsection (4) may be given subject to conditions.

        (6)     In deciding whether to give an approval under subsection (4), CASA must regard the preservation of a level of safety that is at least acceptable as paramount.

6          Directions — Court-imposed exclusion period in relation to flight crew licence held by pilot certificate holder

        (1)     This section applies if:

(a)   a person holds:

             (i)  a flight crew licence; and

            (ii)  a pilot certificate granted by a relevant sport aviation body; and

(b)   a Court makes an order, under section 30A of the Act, excluding the person from undertaking the activity authorised by the licence for a stated period.

        (2)     For subregulation 11.245 (1) of CASR, CASA directs that, within 7 days after the date the order takes effect, the person give written notice of the order to the sport aviation body.

        (3)     For subregulation 11.245 (1) of CASR, CASA directs that if the sport aviation body knows about the order, the body must, within 7 days after the date the body becomes aware of the order:

(a)   suspend the certificate; and

(b)   give written notice of the suspension to CASA.

        (4)     Subsection (3) does not apply if CASA has given a written approval, under this subsection, to the sport aviation body not to suspend the certificate under subsection (3).

        (5)     An approval under subsection (4) may be given subject to conditions.

        (6)     In deciding whether to give an approval under subsection (4), CASA must regard the preservation of a level of safety that is at least acceptable as paramount.

7          Direction — disclosure of information with application for pilot certificate

        (1)     This section applies if:

(a)   a person applies to a relevant sport aviation body for a pilot certificate; and

(b)   the person:

             (i)  has held a flight crew licence that was cancelled, other than at the person’s request; or

            (ii)  has held a flight crew licence that is, or was, suspended, other than at the person’s request; or

           (iii)  holds, or has held, a flight crew licence that was varied, other than at the person’s request.

        (2)     Also, this section applies if:

(a)   a person applies to a relevant sport aviation body for a pilot certificate; and

(b)   the person has held a flight crew licence; and

(c)   there is, or was, in force a Court order, under section 30A of the Act, excluding the person from undertaking the activity authorised by the licence for a stated period.

        (3)     For subregulation 11.245 (1) of CASR, CASA directs the person, with the application, to give the sport aviation body written notice of:

             (i)  the cancellation, suspension, or variation, of the licence; or

            (ii)  the order.

8          Directions — application for pilot certificate by person who holds, or has held, flight crew licence

        (1)     This section applies if:

(a)   a person applies to a relevant sport aviation body for a pilot certificate; and

(b)   the body knows:

             (i)  the person has held a flight crew licence that was cancelled, other than at the person’s request; or

            (ii)  the person has held a flight crew licence that is, or was, suspended, other than at the person’s request; or

           (iii)  the person holds, or has held, a flight crew licence that was varied, other than at the person’s request.

        (2)     Also, this section applies if:

(a)   a person applies to a relevant sport aviation body for a pilot certificate; and

(b)   the body knows:

             (i)  the person has held a flight crew licence; and

            (ii)  there is, or was, in force a Court order, under section 30A of the Act, excluding the person from undertaking the activity authorised by the licence for a stated period.

        (3)     For subregulation 11.245 (1) of CASR, CASA directs that, within 7 days after the date of the application, the sport aviation body give written notice of the application to CASA.

        (4)     For subregulation 11.245 (1) of CASR, CASA directs that the sport aviation body does not grant the certificate to the person.

        (5)     Subsection (4) does not apply if CASA has given a written approval, under this subsection, to the sport aviation body stating that, despite subsection (4), the body may grant the certificate to the person.

        (6)     An approval under subsection (5) may be given subject to conditions.

        (7)     In deciding whether to give an approval under subsection (5), CASA must regard the preservation of a level of safety that is at least acceptable as paramount.

        (8)     To avoid doubt, if CASA gives an approval to the sport aviation body under subsection (5), the decision whether or not to grant the certificate to the person remains with the body.

9          Directions — refusal to grant flight crew licence before application for pilot certificate

        (1)     This section applies if:

(a)   a person applies to a relevant sport aviation body for a pilot certificate; and

(b)   before the date of the application:

             (i)  the person applied for a flight crew licence; and

            (ii)  CASA decided to refuse to grant the licence for reasons that include that the criterion mentioned in paragraph 11.055 (1A) (e), or paragraph 11.055 (1B) (b), of CASR was not satisfied.

        (2)     For subregulation 11.245 (1) of CASR, CASA directs the person, with the application for the certificate, to give the sport aviation body a copy of the notice of CASA’s decision mentioned in subsection (1).

        (3)     For subregulation 11.245 (1) of CASR, if the sport aviation body knows about CASA’s decision mentioned in subsection (1), CASA directs that the body does not grant the certificate to the person.

        (4)     Subsection (3) does not apply if CASA has given a written approval, under this subsection, to the sport aviation body stating that, despite subsection (3), the body may grant the certificate to the person.

        (5)     An approval under subsection (4) may be given subject to conditions.

        (6)     In deciding whether to give an approval under subsection (4), CASA must regard the preservation of a level of safety that is at least acceptable as paramount.

        (7)     To avoid doubt, if CASA gives an approval to the sport aviation body under subsection (4), the decision whether or not to grant the certificate to the person remains with the body.