Civil Aviation Regulations (Amendment) (Cth)

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Statutory Rules 1994

No. 260 1

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Civil Aviation Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Civil Aviation Act 1988.

Dated 21 July 1994.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

LAURIE BRERETON

Minister for Transport

____________

1.   Amendment

1.1   The Civil Aviation Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 284 (Dishonest acts in relation to licences and certificates)

2.1   Omit the regulation.

3.   Regulation 297A (Review of decisions)

3.1   Subregulation 297A (1) (definition of “reviewable decision”):

After paragraph (w), insert:

  • “(wa)

    a decision by the Authority that it is satisfied as mentioned in subregulation 298A (4).”.

4.   New Regulations 298A, 298B, 298Cand 298D

4.1   After regulation 298, insert:

Cheating by examination candidates

“298A.

(1)  The Authority may give written notice to a person who attempted a prescribed examination if it believes on reasonable grounds that the person has committed any of the following acts without the Authority’s permission:

  • (a)

    copied any part of the examination paper;

  • (b)

    removed:

    • (i)

      any part of the examination paper; or

    • (ii)

      a copy of any part of the examination paper;

 from the place where the person attempted the examination;

  • (c)

    given to another person:

    • (i)

      any part of the examination paper; or

    • (ii)

      a copy of any part of the examination paper; or

    • (iii)

      any information about the questions contained in the examination paper, being information that might give anyone an unfair advantage in the examination;

  • (d)

    before the examination—knowingly received from another person, or otherwise knowingly obtained possession of:

    • (i)

      any part of the examination paper; or

    • (ii)

      a copy of any part of the examination paper; or

    • (iii)

      any information about the questions contained in the examination paper, being information that might give the person an unfair advantage in the examination;

  • (e)

    before or during the examination—knowingly received from another person, or otherwise knowingly obtained possession of:

    • (i)

      any part of the model answer; or

    • (ii)

      a copy of any part of the model answer; or

    • (iii)

      any information about the content of the model answer;

  • (f)

    during the examination:

    • (i)

      helped another person to complete any part of the examination; or

    • (ii)

      received help from another person to complete any part of the examination; or

    • (iii)

      used any material or aid that the Authority does not permit to be used; or

    • (iv)

      read the examination work of another person attempting the examination;

  • (g)

    caused or assisted the commission of, or attempted, any act referred to in paragraph (a), (b), (c), (d), (e) or (f).

[NOTE:  For definitions of expressions used in this subregulation see subregulation (8).]

“(2)

The Authority must set out in a notice under subregulation (1):

  • (a)

    the act which the Authority believes the person has committed; and

  • (b)

    the grounds for the belief.

“(3)

If the Authority notifies a person under subregulation (1), the person may, within the period of 14 days after the day on which the person received the notice, make reasonable representations to the Authority explaining why the person believes that he or she has not committed the act mentioned in the notice.

“(4)

If:

  • (a)

    the Authority notifies a person under subregulation (1); and

  • (b)

    the period of 14 days after the day on which the person received the notice has ended;  and

  • (c)

    after taking into account any representations, the Authority is satisfied that the person has committed the act mentioned in the notice;

the Authority must notify the person of its decision.

[NOTE:  Regulation 297A provides that a decision by the Authority that it is satisfied as mentioned in subregulation 298A (4) is reviewable by the Administrative Appeals Tribunal.]

“(5)

If the Authority notifies a person under subregulation (4), the person:

  • (a)

    is taken not to have passed the examination; and

  • (b)

    is not permitted to attempt any prescribed examination for a period of one year from the day of the first‑mentioned examination.

“(6)

For the purposes of subregulation (1), a person attempts a written examination if the person:

  • (a)

    attends the place where the examination is held at any time during the examination;  and

  • (b)

    receives the examination paper, or any part of it, from the person conducting the examination.

“(7)

For the purposes of subregulation (1), a person attempts a practical examination if the person:

  • (a)

    attends the place where the examination is held; and

  • (b)

    begins carrying out an activity required by the examination.

“(8)

In this regulation:

‘aircraft endorsement’ has the same meaning as in regulation 5.01;

‘authorisation’ means an airworthiness authority or an aircraft welding authority;

‘certificate’ means:

  • (a)

    a certificate under Division 4 of Part IV; or

  • (b)

    a certificate under Part VIII;

‘endorsement’ means:

  • (a)

    an endorsement under Division 4 of Part IV; or

  • (b)

    an aircraft endorsement;

‘examination paper’ means all of the documents provided by the person conducting a written examination to persons attempting the examination;

‘licence’ means:

  • (a)

    a licence under Division 4 of Part IV; or

  • (b)

    a flight crew licence; or

  • (c)

    a licence under Part IXB;

‘model answer’, in relation to an examination, means a document which sets out the correct, or suggested, answers to the questions set out in the examination paper;

‘practical examination’ means an examination that requires a person to demonstrate his or her ability to carry out a particular activity to a particular standard;

‘prescribed examination’ means an examination conducted for the purpose of the issue or renewal of a licence, certificate, authorisation, rating or endorsement;

‘rating’ means:

  • (a)

    a flight crew rating; or

  • (b)

    a rating under Part IXB;

‘written examination’ means an examination that requires answers to be given in writing and includes an examination that sets out multiple choice answers to each question.

Examination misconduct by persons other than examination candidates

 “298B. (1)  Unless the Authority approves, a person, other than an examination candidate to whom subregulation 298A (1) applies, must not:

  • (a)

    copy any part of an examination paper or model answer; or

  • (b)

    give to any person:

    • (i)

      any part of an examination paper or model answer; or

    • (ii)

      a copy of any part of an examination paper or model answer; or

    • (iii)

      any information about the questions contained in an examination paper, being information that might give anyone an unfair advantage in an examination; or

    • (iv)

      any information about the content of a model answer; or

  • (c)

    knowingly receive from any person, or otherwise knowingly obtain possession of:

    • (i)

      any part of an examination paper or model answer; or

    • (ii)

      a copy of any part of an examination paper or model answer; or

    • (iii)

      any information about the questions contained in an examination paper, being information that might give anyone an unfair advantage in an examination; or

    • (iv)

      any information about the content of a model answer; or

  • (d)

    help another person to complete any part of an examination during the examination;  or

  • (e)

    cause or assist the commission of, or attempt, any act referred to in paragraph (a), (b), (c) or (d).

Penalty:

 50 penalty units.

“(2)

In this regulation:

‘examination paper’ has the same meaning as in regulation 298A;

‘model answer’ has the same meaning as in regulation 298A.

Personation at examinations

“298C.

(1)   A person must not personate an examination candidate at a prescribed examination.

Penalty:

 50 penalty units.

“(2)

If a person is charged with an offence against subregulation (1), both the personator and the candidate are taken not to have passed the examination.

“(3)

If a person is charged with an offence against subregulation (1):

  • (a)

    the personator; and

  • (b)

    unless the Authority is satisfied that the personation took place without the candidate’s knowledge or consent—the candidate;

are not permitted to attempt any prescribed examination:

  • (c)

    unless the person is acquitted of the offence; or

  • (d)

    unless the charge is withdrawn; or

  • (e)

    until a period of one year has passed from the date of the examination to which the charge related;

whichever happens first.

“(4)

In spite of subregulation (2), if:

  • (a)

    a person who attempted an examination is charged with an offence against subregulation (1); and

  • (b)

    either:

    • (i)

      the person is acquitted of that offence; or

    • (ii)

      the charge is withdrawn; and

  • (c)

    the mark obtained by the person in the examination is more than, or equal to, the pass mark for the examination;

the person is taken to have passed the examination.

“(5)

In this regulation, ‘offence against subregulation (1)’ includes:

  • (a)

    an offence against section 5, 6, 7 or 7A of the Crimes Act 1914; and

  • (b)

    an offence against subsection 86 (1) of the Crimes Act 1914 by virtue of paragraph (a) of that subsection;

being an offence in relation to an offence against subregulation (1).

“(6)

In this regulation:

‘personator’ means a person alleged to have personated a candidate;

‘prescribed examination’ has the same meaning as in regulation 298A.

Person not permitted to sit examination until Tribunal decides

“298D.

(1)  If a person applies under subregulation 297A (2) for review of the Authority’s decision that it is satisfied as mentioned in subregulation 298A (4), the person is not permitted to attempt any prescribed examination:

  • (a)

    unless the Administrative Appeals Tribunal decides the application in favour of the applicant; or

  • (b)

    until a period of one year passes from the date of the examination to which the application relates;

whichever happens first.

“(2)

In this regulation:

‘prescribed examination’ has the same meaning as in regulation 298A.

Sitting examination when not permitted

298E.

(1)  If:

  • (a)

    a person is not permitted to attempt a prescribed examination because of subregulation 298A (5), 298C (3) or 298D (1); and

  • (b)

    the person attempts a prescribed examination;

the person is taken not to have passed the examination.

(2)

In this regulation:

‘prescribed examination’ has the same meaning as in regulation 298A.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 28 July 1994.

2. Statutory Rules 1988 No. 158 as amended by 1988 Nos. 209, 373 and 376; 1989 Nos. 31 and 276; 1990 Nos. 100, 215, 216, 258, 260, 289, 310, 331, 332 and 466; 1991 Nos. 54, 147, 157, 247, 287, 382, 409, 410, 426 and 487; 1992 Nos. 36, 174, 254, 258, 279, 325, 342, 380, 417 and 418; 1993 Nos. 221, 268, 319 and 368; 1994 No. 93, 173, 187 and 188.

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