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Note For strict liability, see section 6.1 of the Criminal Code.
(3C) It is a defence to a prosecution under subregulation (3A) if the
defendant had a reasonable excuse.
Note A defendant bears an evidential burden in relation to the matter in
subregulation (3C) (see subsection 13.3 (3) of the Criminal Code).
(4) In this regulation, qualified person means a person who:
(a) has attained the age of 21 years; and
(b) satisfies CASA that he or she possesses such knowledge as
CASA requires of:
(i) the principles of flight of aircraft;
(ii) the assembly, functioning and principles of construction of,
and the methods and procedures for the maintenance of,
those parts of an aircraft that CASA considers relevant
having regard to the licence sought; and
(iii) these Regulations and the Civil Aviation Orders; and
(c) satisfies CASA that he or she has had such practical experience
of the duties performed by a holder of the licence sought as
CASA requires and directs in Civil Aviation Orders; and
(d) satisfies CASA that he or she is not suffering from any disability
likely to affect his technical skill or judgment; and
(da) satisfies CASA that he or she possesses sufficient knowledge of
the English language to carry out safely the duties required to be
performed by a holder of the licence; and
(e) has passed such examinations as CASA requires to be passed by
an applicant for the licence sought.
Civil Aviation Regulations 1988 61
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(5) Any requirement formulated by CASA for the purposes of
subregulation (4) shall be not less than the corresponding minimum
requirement adopted in pursuance of the Convention.
(6) Where a person satisfies CASA that the person:
(a) is the holder of a licence equivalent to the licence sought issued
by a competent authority in, and in force in accordance with the
law of, a country other than Australia;
(b) has complied with the minimum conditions required under the
Convention and with such other requirements as CASA specifies;
and
(c) does not suffer from any disability likely to affect his or her
technical skill or judgment;
CASA may, for the purposes of this regulation, treat the person as if
he or she were a qualified person.
31A CASA may specify activities relating to categories
In Civil Aviation Orders, CASA may specify:
(a) the activities; and
(b) the parts of an aircraft or the aircraft components;
covered by a category referred to in subregulation 31 (1).
31B Classification of a category into ratings
In Civil Aviation Orders, CASA may:
(a) classify a category referred to in subregulation 31 (1) into ratings;
and
(b) specify:
(i) the activities; and
(ii) the type or category of aircraft, the parts of an aircraft or the
aircraft components;
covered by a rating.
31C Endorsement of a rating on an aircraft maintenance engineer
licence
When issuing an aircraft maintenance engineer licence to an applicant,
CASA may endorse it with a rating referred to in regulation 31B if the
applicant has:
(a) passed the examinations; and
(b) produced the evidence of his or her qualifications and practical
experience;
that are applicable to the rating, and that CASA directs in Civil
Aviation Orders or otherwise in writing.
62 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
31D Changes to an aircraft maintenance engineer licence
(1) The holder of an aircraft maintenance engineer licence may, in
writing, request CASA to approve a proposed change to any of the
particulars specified in the licence, including the category or rating
endorsed on the licence.
(2) The request must provide details of the proposed change.
(3) Subject to regulation 32B, CASA may approve the change by
endorsing the change on the licence.
(4) If CASA approves the change, the approval takes effect from when the
change is endorsed on the licence.
32 Period of operation of certificates and licences
CASA may specify in a certificate of approval or in an aircraft
maintenance engineer licence the period during which the certificate
or the licence, as the case may be, is to remain in force.
32A Renewal of an aircraft maintenance engineer licence
(1) If a period is specified in an aircraft maintenance engineer licence
under regulation 32, the holder of the licence may, before the licence
expires, apply to CASA for renewal of the licence.
(2) An applicant must return the licence to CASA.
(3) Subject to regulation 32B, CASA may renew the licence by endorsing
　
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