时间：2014-12-28 14:05来源：蓝天飞行翻译公司 作者：民航翻译 点击：次
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To view this page ensure that Adobe Flash Player version 9.0.124 or greater is installed. (2)A suspension of a civil aviation authorisation under section 30DC has effect despite a stay (whether or not a stay under section 31A) of an earlier decision to vary, suspend or cancel the authorisation. Subdivision C—Court order in relation to the serious and imminent risk prohibition 30DE Application for and making of order (1)If CASA suspends a civil aviation authorisation under section 30DC, CASA may, before the end of the fifth business day after the day on which the holder of the authorisation was notified of the suspension, apply to the Federal Court for an order under this section. (2)If the Federal Court is satisfied that there are reasonable grounds to believe that the holder has engaged in, is engaging in, or is likely to engage in, conduct that contravenes section 30DB, the Court must make an order that prohibits the holder from doing anything that is authorised by the authorisation but that, without the authorisation, would be unlawful. (3)In deciding under subsection (2), the Federal Court must have regard to section 3A and subsection 9A(1). (4)Subject to section 30DF, an order continues in force for the period determined by the Federal Court when making the order, being the period (not more than 40 days) that the Court considers reasonable to allow CASA to complete an investigation into the circumstances that gave rise to CASA’s decision to suspend the authorisation. Section 30DF 30DF Court may vary period of order (1) On application by CASA or the holder of the civil aviation authorisation, the Federal Court may: (a)extend (but not for more than 28 days); or (b)shorten; the period determined by the Court in relation to an order under subsection 30DE(4) (the original period). (2)An application under subsection (1) must be made before the end of the original period. (3)CASA may apply only once to extend the period of an order. (4)If the Court has heard and determined an application under subsection (1) in relation to an order, no further applications to vary the period of that order may be made. (5)If: (a)a party (being CASA or the holder of the civil aviation authorisation concerned) applies to vary the period of an order; and (b)before the Court determines the application, the other party also applies to vary the period of the order; the Court must hear the applications together. (6) If an application is made to vary the period of an order, the order continues in force until the day worked out under the table. Period of order when an application to vary is made Item If... the order continues in force until... 1 the holder applies the earlier of: to shorten the (a) the last day of the original period; and period and CASA (b) if the Court grants the application—the does not apply to day determined by the Court in extend it granting the application. Section 30DG Period of order when an application to vary is made Item If... the order continues in force until... 2 CASA applies to whichever of the following applies: extend the period of the order and (a) if the Court grants CASA’s application—the day determined by the the holder does Court in granting the application; not apply to shorten it (b) if the Court refuses CASA’s application before the end of the original period—the end of the original period; (c) if the Court refuses CASA’s application after the end of the original period and before the 28th day after the end of the original period—the day of the refusal; (d) otherwise—the 28th day after the end of the original period. 3 the Court hears whichever of the following applies: applications from both parties (a) if the Court grants one of the applications—the day determined by together under the Court in granting the application; subsection (5) (b) if the Court refuses both applications before the end of the original period— the end of the original period; (c) if the Court refuses the extension application after the end of the original period and before the 28th day after the end of the original period—the day of the refusal; (d) otherwise—the 28th day after the end of the original period. Subdivision D—Investigation and further action by CASA 30DG CASA must investigate circumstances giving rise to suspension decision If the Federal Court makes an order under section 30DE in relation to a civil aviation authorisation, CASA must, by the end of the period that the order is in force, complete an investigation into the circumstances that gave rise to CASA’s decision to suspend the authorisation under section 30DC. 30DH CASA may give a show cause notice within 5 days after end of order (1) This section applies if, after CASA’s investigation under section 30DG: (a)CASA has reason to believe that a serious and imminent risk to air safety would exist if the civil aviation authorisation were not varied, suspended or cancelled; and (b) the grounds for CASA’s belief are related to the circumstances that gave rise to CASA’s decision to suspend the authorisation under section 30DC. (2)CASA may, within 5 business days after the last day on which the order is in force: (a)give the holder of the authorisation a show cause notice; and (b)allow the holder to show cause, within such reasonable time as CASA specifies in the notice (not more than 28 days), why the authorisation should not be varied, suspended or cancelled. Note: The suspension under section 30DC continues in force beyond the end of the order and may continue until at least the end of the 5 days that CASA has to decide whether to give a show cause notice—see section 30DJ. 30DI CASA may vary, suspend or cancel an authorisation within 5 days after end of show cause period (1) This section applies if, after the end of the period specified in a show cause notice given under section 30DH: |
