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must not operate a UAV in controlled airspace unless he or she holds
an aircraft radiotelephone operator’s certificate of proficiency.
101.305 Certification as UAV controller
(1) If CASA certifies a person as a UAV controller, CASA may issue a
certificate setting out the fact that the person is so certified.
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 101 — 38
(2) If CASA certifies a person as a UAV controller, and imposes a
condition on the certification, CASA must issue a certificate setting
out the fact that the person is so certified, and the condition.
Note Section 27A of the Administrative Appeals Tribunal Act 1975 requires a
person who makes a reviewable decision to give to a person whose interests are
affected by the decision notice of the decision and of the person’s right to have the
decision reviewed. Regulation 201.004 provides for review of decisions about
approvals, authorisations, authorities, certificates and permits.
101.310 How long controller’s certification remains in force
(1) A UAV controller’s certification remains in force until it is cancelled.
(2) However, a UAV controller’s certification is not in force during any
period of suspension.
101.315 Notice to certified UAV controller to show cause
(1) CASA may give a show cause notice to a certified UAV controller if
there are reasonable grounds for believing that there are facts or
circumstances that would justify the cancellation of the certification
under regulation 101.320.
(2) A show cause notice must:
(a) tell the controller of the facts and circumstances that, in CASA’s
opinion, would justify the cancellation of the certification under
regulation 101.320; and
(b) invite the controller to show in writing, within a reasonable time
stated in the notice, why the certification should not be cancelled.
(3) A show cause notice may state that the certification is suspended if
CASA reasonably considers that there may be a serious risk to the
safety of air navigation if the certification were not suspended.
(4) If a show cause notice states that the certification is suspended, the
certification is suspended from when the notice is given to the holder.
(5) CASA may at any time revoke the suspension.
(6) If the approval is suspended and CASA has not dealt with it under
regulation 101.320 within 90 days after the day it is suspended, the
suspension lapses at the end of that period.
Note Regulation 201.004 provides for review of certain decisions by the
Administrative Appeals Tribunal.
101.320 Cancellation of UAV controller’s certification
(1) CASA may cancel a certified UAV controller’s certification by
written notice to the controller, if:
(a) CASA has given to the controller a show cause notice under
regulation 101.315 in relation to it; and
(b) CASA has taken into account any representations made, within
the period stated in the notice, by or on behalf of the controller;
and
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 101 — 39
(c) there are reasonable grounds for believing that the controller:
(i) has operated a UAV in contravention of these Regulations
or of a condition of the certification; or
(ii) has operated the UAV negligently or carelessly; or
(iii) in operating the UAV, has recklessly endangered human
life or property.
(2) If CASA has given a show cause notice under regulation 101.315 to a
certified UAV controller, and it decides not to cancel the approval, it:
(a) must tell the controller in writing of the decision; and
(b) must, if the controller’s certification is suspended under that
regulation, revoke the suspension.
Note Regulation 201.004 provides for review of certain decisions by the
Administrative Appeals Tribunal.
101.325 Cancellation at request of holder
(1) Despite anything else in this Division, CASA must cancel a certified
UAV controller’s certification if asked to do so in writing by the
controller.
(2) The cancellation takes effect when the request is given to CASA, or if
a later day is stated in the request, on the later day.
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
　
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