298A

Cheating by examination candidates

Current

(1)

CASA 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 CASA’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 CASA 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)

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

(a)

the act which CASA believes the person has committed; and

(b)

the grounds for the belief.

(3)

If CASA 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 CASA explaining why the person believes that he or she has not committed the act mentioned in the notice.

(4)

If:

(a)

CASA 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, CASA is satisfied that the person has committed the act mentioned in the notice;

CASA must notify the person of its decision.

Note:

Regulation 297A provides that a decision by CASA that it is satisfied as mentioned in subregulation 298A(4) is reviewable by the Administrative Review Tribunal.

(5)

If CASA 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:

authorisation means an airworthiness authority or an aircraft welding authority.

certificate means:

(a)

a certificate under Division 3 of Part 4; or

(c)

a certificate of validation; or

(d)

a CAR certificate of validation within the meaning of subregulation 5.01(1).

endorsement means:

(a)

an endorsement under Division 3 of Part 4; or

(b)

a flight crew endorsement; or

(ba)

a balloon class endorsement within the meaning of subregulation 5.01(1); or

(c)

an endorsement under Part 65 of CASR.

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 3 of Part 4; or

(b)

a flight crew licence; or

(ba)

a balloon flight crew licence within the meaning of subregulation 5.01(1); or

(c)

a licence under Part 65 of CASR.

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

(aa)

a balloon flight crew rating within the meaning of subregulation 5.01(1); or

(b)

a rating under Part 65 of CASR.

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.

This Act’s bill:Explanatory statement

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