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
|
To view this page ensure that Adobe Flash Player version 9.0.124 or greater is installed. (6)If the holder applies to the Tribunal as mentioned in subsection (4), the holder must give a copy of the application to CASA as soon as practicable after lodging it with the Tribunal. 31B Stay ends if application is withdrawn (1)If the holder of a civil aviation authorisation withdraws an application covered by section 31A, the stay ceases to have effect from the time of the withdrawal. (2)The holder must notify CASA of the withdrawal as soon as practicable. Section 31C 31C Tribunal’s ordinary powers not affected To avoid doubt, section 31A does not affect the operation of subsection 31(2). 31D CASA may still suspend for a serious and imminent risk Nothing in section 31A prevents CASA from suspending a civil aviation authorisation under section 30DC (suspension for contravening the serious and imminent risk prohibition). Note: See also section 30DD. 32 Powers and functions under State and Territory laws CASA or the Director, or an officer, authority or person having powers and functions under this Act or the regulations, may also have similar powers and functions conferred by the law of a State or Territory relating to air navigation. Section 32AA Part IIIA—Investigation powers Division 1—Appointment of investigators and issue of identity cards 32AA Appointment of investigators (1)CASA may, in writing, appoint an officer to be an investigator for the purposes of this Part. (2)CASA must not appoint an officer as an investigator unless CASA is satisfied that the officer has suitable qualifications and experience to properly exercise the powers of an investigator. (3)An investigator must, in exercising powers as an investigator, comply with any directions of CASA. (4)If a direction is given under subsection (3) in writing, the direction is not a legislative instrument. 32AB Identity cards (1)CASA must cause each investigator to be issued with an identity card in a form approved by CASA and bearing a recent photograph of the investigator. (2)A person who stops being an investigator must, as soon as practicable, return his or her identity card to CASA. (3)A person must not fail to comply with subsection (2). Penalty: 1 penalty unit. (4)Subsection (3) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13 (3) of the Criminal Code). (5) An offence under subsection (3) is an offence of strict liability. Note: For strict liability, see section 6 of the Criminal Code. Section 32AB (6) An investigator must carry his or her identity card at all times when exercising powers as an investigator. Section 32AC Division 2—Powers of investigators Subdivision A—Searches without a warrant 32AC Search with consent to monitor compliance (1)Subject to section 32ACB, for the purpose of finding out whether the civil aviation legislation is being complied with, an investigator may: (a) enter premises; and (b) exercise inspection powers. (2)The power to enter premises and exercise inspection powers can only be exercised for the purpose of finding out whether the Civil Aviation Act 1990 of New Zealand, and the regulations and rules made under that Act, are being complied with if a request has been made to CASA, in accordance with the ANZA mutual recognition agreements, for the exercise of powers under this Part in relation to that legislation. 32ACA Search with consent for evidence in relation to civil aviation offences Subject to section 32ACB, if an investigator has reasonable grounds for suspecting that there is on, or in, any premises a particular thing which may be evidential material, the investigator may: (a) enter the premises; and (b) search the premises for the thing. 32ACB Consent to enter premises (1) An investigator is not authorised to enter premises unless: (a) the occupier of the premises has consented to the entry; and (b) the investigator has shown his or her identity card to the occupier. Section 32AD (2)An investigator must, before obtaining the consent of an occupier of premises for the purposes of subsection (1), inform the occupier that the occupier may refuse consent. (3)A consent has no effect unless the consent is voluntary. (4)A consent may be expressed to be limited to entry during a particular period. If so, the consent has effect for that period unless the consent is withdrawn before the end of that period. (5)A consent that is not limited as mentioned in subsection (4) has effect until the consent is withdrawn. (6)If an investigator entered premises because of the consent of the occupier of the premises, the investigator, and any person assisting the investigator, must leave the premises if the consent ceases to have effect. Subdivision B—Applying for and issuing a warrant 32AD Monitoring warrants (1) An investigator may apply to a magistrate for a warrant under this section in relation to particular prescribed premises. (1A) An application under subsection (1) can only be made for the purpose of finding out whether the Civil Aviation Act 1990 of New Zealand, and the regulations and rules made under that Act (the New Zealand legislation), are being complied with if a request has been made to CASA, in accordance with the ANZA mutual recognition agreements, for the exercise of powers under this Part in relation to that legislation. (2)Subject to subsection (3), the magistrate may issue the warrant if satisfied, by information on oath, that it is reasonably necessary that the investigator should have access to the premises for the purpose of finding out whether the civil aviation legislation or the New Zealand legislation is being complied with. (3)The magistrate must not issue the warrant unless the investigator or someone else has given the magistrate, either orally or by affidavit, |
