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a rating or endorsement on it, or the qualification, by notice in writing
to the holder.
(2) The provisional suspension has effect from the time the notice is
served on the holder.
(3) As soon as practicable after the examination or assessment, CASA
must either:
(a) give the holder a notice under regulation 65.265 to show cause
why the licence, rating, endorsement or qualification should not
be cancelled or further suspended; or
(b) revoke the provisional suspension and tell the holder in writing
that it has done so.
(4) CASA may revoke the provisional suspension at any time by notice in
writing.
(5) If CASA gives the holder a show cause notice, the provisional
suspension remains in effect (unless sooner revoked) until CASA
decides, or is taken to have decided, whether or not to cancel the
licence, rating, endorsement or qualification, or to further suspend it.
(6) However, if the holder does not comply with the direction within the
time allowed by the notice to do so (or any extension of that time
allowed by CASA), the licence, rating, endorsement or qualification
remains suspended until the holder does so.
65.260 Provisional suspension of licence etc during investigation
(1) If there is evidence that the holder of a licence:
(a) may have contravened a provision of the Act or these
Regulations; or
(b) may not meet a requirement of, or under, these Regulations in
relation to getting or keeping the licence, rating, endorsement or
qualification; or
(c) may have failed in his or her duty in a way that might adversely
affect the safe navigation or operation of an aircraft;
(d) omitted by SR No. 03/75
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page Amdt No. 11 – December 2004 Civil Aviation Safety Authority
Part 65 — 26
CASA may provisionally suspend the holder’s licence, or a rating,
endorsement or qualification, by notice in writing to the holder.
(2) CASA may revoke the provisional suspension at any time by notice in
writing.
(3) The provisional suspension has effect from the time notice under
subregulation (1) is served on the holder, and remains in effect (unless
sooner revoked) until:
(a) if CASA gives to the holder a show cause notice — CASA
decides, or is taken to have decided, whether or not to cancel the
licence, rating, endorsement or qualification, or to further
suspend it; or
(b) the end of 7 days after the time the notice under subregulation (1)
is served on the holder.
65.265 Show cause procedure
(1) If there is evidence that the holder of a licence:
(a) may have contravened a provision of the Act or these
Regulations; or
(b) may not meet a requirement of, or under, these Regulations in
relation to getting or keeping the licence, rating, endorsement or
qualification; or
(c) may have failed in his or her duty in a way that might adversely
affect the safe navigation or operation of an aircraft;
(d) omitted by SR No. 03/75
CASA may give to the holder a notice in accordance with this
regulation (a show cause notice).
(2) Also, CASA may give to the holder of a licence a show cause notice
if:
(a) under regulation 65.250, CASA has directed the holder to
undertake an examination or a performance assessment or
medical assessment; and
(b) the holder has not done so within the time allowed by the
direction (or any extension of that time allowed by CASA).
(3) The notice must be in writing.
(4) The notice must set out the facts and circumstances that appear to
justify cancellation or suspension of the licence, rating, endorsement
or qualification.
(5) The notice must invite the holder to show cause in writing, within a
reasonable period stated in the notice, why the licence, rating,
endorsement or qualification should not be cancelled or further
suspended.
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page Amdt No. 11 – December 2004 Civil Aviation Safety Authority
Part 65 — 27
65.270 CASA’s powers in respect of licence etc
CASA may cancel or suspend a licence, rating, endorsement or
qualification if the holder:
(a) has contravened a provision of the Act or these Regulations; or
(b) does not meet a requirement of, or under, these Regulations in
relation to getting or keeping the licence, rating, endorsement or
qualification; or
(c) has failed in his or her duty in a way that adversely affects the
safe navigation or operation of an aircraft.
　
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