Civil Aviation Regulations (Amendment) (Cth)

Statutory Rules 1988 No. 3731

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Civil Aviation Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Civil Aviation Act 1988.

Dated 15 December 1988.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Gary Punch

Minister of State for Telecommunications and Aviation Support

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Qualifications for grant of flight service officer licence

1. Regulation 114 of the Civil Aviation Regulations is amended:

(a) by omitting paragraph (b) and substituting the following paragraph:

“(b) the person meets the relevant medical standards notified by the Authority in Civil Aviation Orders; and”;

(b) by adding at the end the following subregulations:

“(2) For the purposes of subregulation (1), a person shall not be taken to meet the relevant medical standards notified by the Authority in Civil Aviation Orders if:

(a) the person fails to submit to any relevant examination that, in the case of that person, is required by the Authority;

(b) at the time of any such examination:

(i) the person fails to inform the approved person conducting the examination whether he or she has previously undergone an examination of the same kind as that examination for the purpose of the grant of a licence;

(ii) where the person has previously undergone such an examination for that purpose, he or she fails to furnish particulars of the results of that examination; or

 

(S.R. 365/88)―Cat. No. 14/29.11.1988

 

(iii) the person fails to answer all questions put to him or her by the approved person carrying out the examination that are necessary for determining whether the person meets the relevant medical standards; or

(c) the person fails to authorise the disclosure to the Authority of any information concerning the person:

(i) that is within the knowledge of any medical practitioner;

(ii) that is within the knowledge of any person (other than a medical practitioner) who has carried out on the person an examination of a kind that the person could be required to undergo as a relevant examination; or

(iii) that is held by any hospital or other medical organisation;

being information that may assist in determining whether the person meets the relevant medical standards referred to in paragraph (1) (b).

“(3) In this regulation, ‘relevant examination’ means an examination or test conducted by an approved person for the purpose of ascertaining, in relation to the eligibility of a person for the grant of a flight service officer licence, whether the person meets the relevant medical standards notified by the Authority in Civil Aviation Orders.”.

2. Regulation 117 of the Civil Aviation Regulations is repealed and the following regulation substituted:

Re-examination etc. of holders of licences and ratings: flight service officer

“117. (1) Whenever the Authority considers it necessary in the interests of the safety of air navigation for the holder of a flight service officer licence to demonstrate his or her continued fitness or proficiency in the capacity for which the licence or any rating endorsed on the licence is held, the Authority may require the holder of the licence to do one or more of the following things:

(a) to undergo any relevant examination;

(b) to undergo any other examination that relates to the fitness or proficiency of the holder of the licence;

(c) to authorise the disclosure to the Authority of any information concerning the holder of the licence:

(i) that is within the knowledge of any medical practitioner;

(ii) that is within the knowledge of any person (other than a medical practitioner) who has carried out on the holder of the licence an examination of a kind that he or she could be required to undergo as a relevant examination; or

 

(iii) that is held by any hospital or other medical organization;

being information that may assist in determining whether the holder of the licence meets the relevant medical standards referred to in paragraph 114 (1) (b).

“(2) In subregulation (1), ‘relevant examination’ means an examination or test conducted by an approved person for the purpose of ascertaining whether the holder of the licence meets the relevant medical standards referred to in paragraph 114 (1) (b).”.

Suspension of licence for purposes of examination

3. Regulation 265 of the Civil Aviation Regulations is amended by omitting paragraph (1) (b) and substituting the following paragraph:

“(b) to authorise under regulations 72, 107 or 117 the disclosure of information that may assist in determining whether the holder of the licence meets the relevant medical standards referred to in paragraph 62 (2) (e), 104 (1) (b) or 114 (1) (b), as the case may be;”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 December 1988.

2. Statutory Rules 1988 No. 158 as amended by Statutory Rules 1988 No. 209.

 

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