Evidence of identity—CASA’s powers
5.54 Evidence of identity—CASA’s powers
CASA may require a person to produce evidence of his or her identity before:
CASA issues a balloon flight crew licence, CAR certificate of validation, balloon flight crew rating or balloon class endorsement to the person; or
the person attempts an examination conducted by CASA.
Despite anything else in these Regulations, if a person is required to produce evidence of his or her identity under subregulation (1), then until the person produces the evidence:
CASA may refuse to issue the licence, certificate, rating or endorsement; or
CASA may refuse to allow the person to attempt the examination.
Subject to subregulation (6), if there are reasonable grounds for believing that a person has performed, or is about to perform, an activity essential to the operation of an Australian balloon, CASA may require the person to produce evidence of his or her identity.
Despite anything else in these Regulations, if a person who is about to perform an activity essential to the operation of an Australian balloon is required to produce evidence of his or her identity under subregulation (3), CASA may direct the person not to perform the duty until he or she produces the evidence.
A person to whom a direction is given under subregulation (4) commits an offence if the person contravenes the direction.
Penalty: 50 penalty units.
CASA must not require a person to produce evidence of his or her identity under subregulation (3) unless it is necessary to do so in the interests of the safety of air navigation.
A person who has performed an activity essential to the operation of an Australian balloon commits an offence if the person:
is required to produce evidence of his or her identity under subregulation (3); and
refuses to produce the evidence.
Penalty: 50 penalty units.
An offence against this regulation is an offence of strict liability.
This Act’s bill:Explanatory statement
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.