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(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 certificate of validation; and
(c) the applicant is a fit and proper person to hold the certificate; and
(d) the applicant has been awarded a pass in the certificate of
validation examinations that CASA considers necessary in the
interests of the safety of air navigation.
(3) CASA must not issue a 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 fit and proper
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 duties essential to the
operation of an aircraft 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 must disclose to CASA information of
which the applicant is aware and that is relevant to a matter that
CASA must take into account in deciding whether the applicant is a fit
and proper person to hold the certificate.
Penalty: 25 penalty units.
(6) For the purposes of paragraph (2) (d), CASA may set and conduct
certificate of validation examinations.
(7) A certificate of validation examination must be based on examination
materials published by CASA.
5.28 Notice of decision to issue or refuse certificate
(1) CASA must, in writing, notify an applicant for a certificate of
validation of its decision in relation to the application.
(2) If CASA decides not to issue the certificate, CASA must include in
the notice a statement of the reasons for that decision.
5.29 Certificate may be subject to conditions
(1) CASA may issue a certificate of validation subject to any condition
that is necessary in the interests of the safety of air navigation.
(2) A condition must be set out:
156 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(a) in the notice under subregulation 5.28 (1); or
(b) on the certificate.
(3) A person must not contravene a condition subject to which his or her
certificate is issued.
Penalty: 50 penalty units.
(3A) An offence against subregulation (3) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(4) Nothing in this Part limits the effect of a condition to which a
certificate is subject under subregulation (1).
5.30 Certificate of validation: overseas authorisation information to
be entered
(1) If CASA issues a certificate of validation for an overseas
authorisation, CASA must enter on the certificate:
(a) the name of the country in which the overseas authorisation was
issued; and
(b) the name of the overseas authorisation; and
(c) the period of validity of the overseas authorisation; and
(d) the serial number or reference number of the overseas
authorisation.
5.31 Certificate of validation: effect
(1) A certificate of validation for an overseas authorisation has effect as if
it were:
(a) a flight crew licence that is the equivalent of the authorisation; or
(b) an aircraft endorsement that is the equivalent of the authorisation;
or
(c) if the authorisation would allow the holder to perform duties in
an aircraft that is engaged in an activity for which a flight crew
rating is required—a flight crew rating, or grade of flight crew
rating, that is the equivalent of the authorisation;
as the case requires.
(2) For the purposes of this regulation, an overseas authorisation is the
equivalent of a flight crew licence if the authorisation and the licence
allow the holder to perform the same duties in aircraft of the same
category in the same operations.
(3) For the purposes of this regulation, an overseas authorisation is the
equivalent of an aircraft endorsement if the authorisation and the
endorsement allow the holder to perform the same duties in the same
type of aircraft.
Civil Aviation Regulations 1988 157
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(4) For the purposes of this regulation, an overseas authorisation is the
equivalent of a flight crew rating, or grade of flight crew rating, if the
authorisation and the rating, or grade of rating, allow the holder to
　
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