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(c) the suspension period;
(d) the class of authorisations covered by the notice;
(e) any other information required by the regulations.
30EB Suspension period not to be served concurrently
A day is not counted for the purposes of a suspension period that applies
to a holder’s civil aviation authorisation under this Division if:
(a) on that day, a suspension of the authorisation has effect under
another provision of this Act or the regulations; or
(b) the day is a day prescribed by the regulations for the purposes of this
section.
Example: At the time that a 90 day suspension under section 30DY comes into force,
another suspension of one of the affected civil aviation authorisations has
been stayed under section 31A. 20 days into the section 30DY suspension, the
Administrative Appeals Tribunal reviews the other suspension and upholds it.
The other suspension runs for 30 days. Those 30 days do not count for the
purposes of the section 30DY suspension of the relevant authorisation. The
section 30DY suspension of that authorisation has 70 days to run after the end
of the other suspension.
30EC Demerit cancellation notice
(1) CASA must give the holder of a civil aviation authorisation a demerit
cancellation notice if:
(a) the holder incurs demerit points for a prescribed offence; and
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(b) taken together with demerit points incurred by the holder for
offences committed by the holder in the 3 years ending on the day
the offence was committed, the holder has incurred at least 6 demerit
points in relation to the same class of authorisations; and
(c) the holder has, twice previously, been given a demerit suspension
notice in relation to that class of authorisations.
(2) The effect of giving the notice is that:
(a) from the start date specified in the notice, all of the holder’s civil
aviation authorisations of that class are cancelled; and
(b) the holder is not entitled to be granted a civil aviation authorisation
of that class for 3 years from the date of the notice.
30ED Details in a demerit cancellation notice
A demerit cancellation notice must state the following:
(a) the date of the notice;
(b) the start date, being the date that the cancellation begins (which must
not be earlier than the 28th day after the date of the notice);
(c) the period of disqualification mentioned in paragraph 30EC (2) (b);
(d) the class of authorisations covered by the notice;
(e) any other information required by the regulations.
30EE Expiry of demerit points
If the holder of a civil aviation authorisation is given a demerit
suspension notice or a demerit cancellation notice, all demerit points
incurred by the holder that counted under subsection 30DY (1), 30DZ (1)
or 30EC (1) towards that suspension or cancellation are disregarded for
the purposes of subsequent calculations of demerit points under those
subsections.
Note: Demerit points incurred after the date of the notice but before the suspension or
cancellation begins are not disregarded.
Subdivision D — Reinstatement of civil aviation authorisation in special circumstances
30EF CASA may reinstate if satisfied that holder’s livelihood depends
on authorisation
(1) A holder of a civil aviation authorisation who has been given a demerit
suspension notice or demerit cancellation notice may apply to CASA to
have the authorisation reinstated.
(2) Subsection (1) applies despite paragraphs 30DY (2) (b), 30DZ (2) (b) and
30EC (2) (b).
(3) If, and only if, CASA is satisfied that the suspension or cancellation
would cause the holder severe financial hardship because, without the
authorisation, the holder would not be able to earn the holder’s principal
or only income, CASA may:
(a) reinstate the authorisation; and
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(b) impose on the authorisation such conditions as CASA considers
appropriate in the circumstances.
Subdivision E — Administration of the demerit points scheme
30EG CASA must maintain a demerit points register
(1) CASA must maintain a register that records details necessary for, or
directly relevant to, the administration of this Division.
(2) CASA must, if it becomes aware of it, correct any mistake, error or
omission in the register.
(3) The regulations may provide for other matters in relation to the keeping
　
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