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(a) an airworthiness authority; or
(b) an aircraft welding authority;
under Division 3 of Part 4;
certificate means:
(a) a certificate under Division 3 of Part 4; or
(b) a certificate of validation;
licence means:
(a) a licence under Division 3 of Part 4;
(b) a flight crew licence; or
(ba) a special pilot licence; or
(c) a flight crew rating; or
(d) an aircraft endorsement.
(2) A reference in this part to a licence shall be read as including a
reference to a rating or other endorsement on a licence by virtue of
which the holder of a licence so endorsed has under these Regulations
specific privileges or authority to exercise or perform specific
functions or duties in relation to the operation or maintenance of
aircraft.
(3) A reference in this Part to variation of a licence shall be read as
including a reference to the inclusion, deletion or alteration of an
endorsement on a licence.
(4) In this regulation:
aircraft endorsement has the same meaning as in regulation 5.01.
264 Refusal to grant licence or certificate
(1) CASA shall not refuse to grant a licence or certificate except on one or
more of the following grounds, namely:
(a) that the applicant has failed to satisfy a requirement prescribed by
or specified under these regulations in relation to the grant of the
licence or certificate;
(b) that the applicant has made in, or in connection with, the
application a statement that was false or misleading in a material
particular; or
Replacement Page Amdt No. 8
December 2004
Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
438
(ba) that a court has made an order under section 30A of the Act in
relation to the applicant; or
(c) in relation to the initial issue of a licence or certificate:
(i) that the applicant was the holder of a licence or certificate
that was previously cancelled; or
(ii) that the applicant is not a fit and proper person to have the
responsibilities and exercise and perform the functions and
duties of a holder of the licence or certificate for which the
application was made.
(2) Where CASA makes a decision refusing to grant a licence or a
certificate as referred to in subregulation (1), CASA shall, by notice in
writing, inform the applicant of the making of that decision and of the
grounds for the decision.
(3) This regulation does not apply to a flight crew licence, a certificate of
validation, a flight crew rating or an aircraft endorsement.
(4) In this regulation:
aircraft endorsement has the same meaning as in regulation 5.01.
265 Suspension of licence or authority for purpose of examination
(1) If:
(a) CASA requires the holder of a licence to undergo an examination
under regulation 33, 5.38, 107 or 117; or
(c) CASA requires the holder of an authority to undergo an
examination under regulation 33;
CASA may suspend the licence or authority by giving the holder of
the licence or authority written notice of the suspension.
(2) Where the result of the examination does not show any ground on
which the licence or authority may be suspended or cancelled, CASA
shall forthwith terminate the suspension of the licence or authority
and, by notice in writing served on the holder of the licence or
authority, notify the holder that the suspension has been so terminated.
(3) Where CASA, upon the result of the examination becoming known,
does not terminate the suspension in accordance with subregulation
(2) but gives to the holder of the licence or authority a notice under
subregulation 269 (3), the licence or authority shall remain suspended
during the time specified by CASA in that notice as the time within
which the holder of the licence or authority may show cause why the
licence or authority should not be varied, suspended or cancelled
under regulation 269.
Replacement Page Amdt No. 8
December 2004
Civil Aviation Regulations 1988
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
439
266 Cancellation at request of holder
If the holder of a licence or certificate advises CASA that he or she no
longer wishes to hold the licence, certificate or authority, CASA shall
cancel the licence, certificate or authority.
267 Variation at request of holder
(1) Subject to subregulation (2), CASA may vary a licence or certificate
or an authority (other than an aircraft welding authority) in accordance
with a request made by the holder of the licence, certificate or
authority.
(2) Nothing in subregulation (1) shall be taken to require CASA to vary a
　
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