Creampuff said...
The consequence of a person not paying the fee is presumably that CASA can and will refuse to issue or reissue a flight crew licence to the person when they would otherwise be entitled to have the licence. The person would therefore be unable lawfully to do what the licence would have authorised them to do.
But here's an interesting thing...
All we Australian pilots possess a license or licenses issued IN PERPETUITY...
It is our Class 1 or Class 2 medical that makes the exercise of the privileges of the license limited to one or two years.
How could CASA actually
require me to get a new ATPL etc. I have one that is valid till the day I die?
I have the required aeronautical experience and knowledge I have passed the examinations, I have passed the flight tests. The Director of Aviation Medicine has looked at my DAME's report and says I am medically fit. I have a new ASIC card that says I am a fit and proper person to be 'airside' in a security restricted area!
A quick look at the 1988 Act (sections 9 and 18) and the CAR's tell me two things....
CASA can only suspend, vary or cancel my licenses for SAFETY reasons, and
.... Section 9 of the Act specifically
excludes CASA from taking action that is a SECURITY measure.
So, any aviation legal eagles out there, am I on to something here..... why should I pay for a new ATPL when I already got one....?
CASA can only vary, suspend or cancel my ATPL, CPL and PPL for only those situations set out in the
Act and Regs.
Am I correct in thinking that CASA will be acting without a "head of power" if it cancels my current licenses?
Here are the bits of legislation that leads me to think this way....
First, Civil Aviation Act 1988, Part 2, Section 9.
9 CASA’s functions
(1) CASA has the function of conducting the safety regulation of the
following, in accordance with this Act and the regulations:
(a) civil air operations in Australian territory;
(b) the operation of Australian aircraft outside Australian territory;
by means that include the following:
(c) developing and promulgating appropriate, clear and concise aviation
safety standards;
(d) developing effective enforcement strategies to secure compliance
with aviation safety standards;
(e) issuing certificates, licences, registrations and permits;
(f) conducting comprehensive aviation industry surveillance, including
assessment of safety-related decisions taken by industry management
at all levels for their impact on aviation safety;
(g) conducting regular reviews of the system of civil aviation safety in
order to monitor the safety performance of the aviation industry, to
identify safety — related trends and risk factors and to promote the
development and improvement of the system;
(h) conducting regular and timely assessment of international safety
developments.
(2) CASA also has the following safety-related functions:
(a) encouraging a greater acceptance by the aviation industry of its
obligation to maintain high standards of aviation safety, through:
(i) comprehensive safety education and training programs; and
(ii) accurate and timely aviation safety advice; and
(iii) fostering an awareness in industry management, and within the
community generally, of the importance of aviation safety and
compliance with relevant legislation;
(b) promoting full and effective consultation and communication with
all interested parties on aviation safety issues.
(3) CASA also has the following safety-related functions:
(a) co-operating with the Bureau of Air Safety Investigation in relation
to the investigation of aircraft accidents and incidents;
(b) any functions conferred on CASA under the Civil Aviation
(Carriers’ Liability) Act 1959, or under a corresponding law of a
State or Territory;
(c) any functions conferred on CASA under the Air Navigation Act
1920;
(ca) entering into 83 bis agreements on behalf of Australia;
(d) any other functions prescribed by the regulations, being functions
relating to any matters referred to in this section;
(e) promoting the development of Australia’s civil aviation safety
capabilities, skills and services, for the benefit of the Australian
community and for export;
(f) providing consultancy and management services relating to any of
the matters referred to in this section, both within and outside
Australian territory;
(g) any functions incidental to any of the functions specified in this
section.
(4) In performing the function under paragraph (3) (f), CASA may, under a
contract with a foreign country or with an agency of a foreign country,
provide services for that country or agency in relation to the regulation of
the safety of air navigation or any other matter in which CASA has
expertise. Those services may include conducting safety regulation in
relation to foreign aircraft under the law of a foreign country.
(5) CASA’s functions do not include responsibility for aviation security.
Civil Aviation Act, Part 2, Section 18:
18 Permissions must be based on safety matters
(1) If a person applies to CASA for a permission, CASA must give the
permission if CASA is satisfied that the person has complied with, or is
capable of complying with, the safety rules (including rules about the
competence of persons to do anything that would be covered by the
permission).
(2) CASA must not do any of the following, except to ensure compliance
with the safety rules:
(a) impose a condition on a permission;
(b) vary a condition of a permission;
(c) suspend or cancel a permission.
(3) In this section:
permission means a permission under this Part, (other than paragraph
19(2)(c) or section 27A) but does not include an AOC.
safety rules means the provisions of this Act, and of the regulations, that
relate to
safety.
Civil Aviation Regulations 1988 Section 16, Regulation 269
269 Variation, suspension or cancellation of licence, certificate or
authority
(1) Subject to this regulation, CASA may, by notice in writing served on
the holder of a licence or certificate or an authority, vary, suspend or
cancel the licence, certificate or authority where CASA is satisfied that
one or more of the following grounds exists, namely:
(a) that the holder of the licence, certificate or authority has
contravened, a provision of the Act or these Regulations,
including these Regulations as in force by virtue of a law of a
State;
(b) that the holder of the licence, certificate or authority fails to
satisfy, or to continue to satisfy, any requirement prescribed by,
or specified under(maybe they have a foothold here - ITCZ)
, these Regulations in relation to the obtaining
or holding of such a licence or certificate or an authority;
(c) that the holder of the licence, certificate or authority has failed in
his or her duty with respect to any matter affecting the safe
navigation or operation of an aircraft;
(d) that the holder of the licence, certificate or authority is not a fit
and proper person to have the responsibilities and exercise and
perform the functions and duties of a holder of such a licence or
certificate or an authority; or
(e) that the holder of the licence, certificate or authority has
contravened, a direction or instruction with respect to a matter
affecting the safe navigation and operation of an aircraft, being a
direction or instruction that is contained in Civil Aviation Orders.
(1A) CASA must not cancel a licence, certificate or authority under
subregulation (1) because of a contravention mentioned in
paragraph (1)(a) unless:
(a) the holder of the licence, certificate or authority has been
convicted by a court of an offence against a provision of the Act
or these Regulations (including these Regulations as in force by
virtue of a law of a State) in respect of the contravention; or
(b) the person was charged before a court with an offence against a
provision of the Act or these Regulations (including these
Regulations as in force by virtue of a law of a State) in respect of
the contravention and was found by the court to have committed
the offence, but the court did not proceed to convict the person of
the offence.
(2) A notice under subregulation (1) shall set out the grounds for the
decision.
(3) Before taking action under this regulation to vary, suspend or cancel a
licence or certificate or an authority, CASA shall:
(a) give notice, in writing, to the holder of the licence, certificate or
authority of the facts and circumstances that, in the opinion of
CASA, warrant consideration being given to the variation,
suspension or cancellation of the licence, certificate or authority
under this regulation; and
(b) allow the holder of the licence, certificate or authority to show
cause, within such time as CASA specifies in that notice, why the
licence, certificate or authority should not be varied, suspended or
cancelled under this regulation.
(4) The time specified by CASA in the notice under subregulation (3) as
the time within which the holder of the licence, certificate or authority
may show cause why the licence, certificate or authority should not be
varied, suspended or cancelled under this regulation shall be a time
that is reasonable in all of the circumstances of the particular case.