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 person must not fail to comply with a requirement under subsection (1). Penalty: 30 penalty units. (3)Subsection (2) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13 (3) of the Criminal Code). (4) An offence under subsection (2) is an offence of strict liability. Note: For strict liability, see section 6 of the Criminal Code. 32AL Destruction or disposal of certain goods A magistrate may, on application by CASA, make an order authorising CASA to destroy, or otherwise dispose of, specified goods seized under section 32AH, if the magistrate is satisfied that: (a)apart from this section, an investigator is required to return the goods to a person; and (b)either: (i) the investigator cannot, despite making reasonable efforts, locate the person; or (ii) the person has refused to take possession of the goods. 32AM Compensation for acquisition of property (1) If: (a)apart from this section, the operation of this Part would result in the acquisition of property from a person otherwise than on just terms; and (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution; Section 32AM CASA is liable to pay compensation of a reasonable amount to the person in respect of the acquisition. (2)If CASA and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from CASA of such reasonable amount of compensation as the court determines. (3)In this section: acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution. just terms has the same meaning as in paragraph 51(xxxi) of the Constitution. Section 32AMA Division 3—Offences 32AMA Making false statements in warrants A person commits an offence if: (a) the person makes a statement in applying for a warrant; and (b) the person knows that the statement is false or misleading in a material particular. Penalty: Imprisonment for 2 years. 32AMB Offence for stating incorrect names in telephone warrants A person commits an offence if: (a) the person states a name of a magistrate in a document; and (b) the document purports to be a form of warrant under section 32AG; and (c) the name is not the name of the magistrate who issued the warrant. Penalty: Imprisonment for 2 years. 32AMC Offence for unauthorised form of warrant A person commits an offence if: (a) the person states a matter in a form of warrant under section 32AG; and (b) the person knows that the matter departs in a material particular from the form authorised by the magistrate. Penalty: Imprisonment for 2 years. 32AMD Offence for executing etc. an unauthorised form of warrant A person commits an offence if: (a) the person executes or presents a document to another person; and (b) the document purports to be a form of warrant under section 32AG; and (c) the person knows that the document: (i)has not been approved by a magistrate under either of those sections; or (ii)departs in a material particular from the terms authorised by a magistrate under either of those sections. Penalty: Imprisonment for 2 years. 32AME Offence for giving unexecuted form of warrant A person commits an offence if: (a) the person gives a magistrate a form of warrant under section 32AG; and (b) the document is not the form of warrant that the person executed. Penalty: Imprisonment for 2 years. Section 32AMF Division 4—Miscellaneous 32AMF Other laws about search and seizure not affected (1)This Part is not intended to limit, or exclude the operation of, another law of the Commonwealth relating to: (a)the search of premises; or (b)the seizure of things. (2)To avoid doubt, even though another law of the Commonwealth provides power to do either or both of the things referred to in subsection (1), a similar power conferred by this Part may be used despite the existence of the power under the other law. 32AMG Magistrates—personal capacity (1)A function or power conferred on a magistrate by this Part is conferred on the magistrate: (a)in a personal capacity; and (b)not as a court or a member of a court. (2)A magistrate need not accept a function or power conferred. (3)A magistrate has, in relation to the performance or exercise of a function or power conferred on the magistrate by this Part, the same protection and immunity as if he or she were exercising that function or power as, or as a member of, the court of which the magistrate is a member. Part IIIB—Protection of CVR (cockpit voice recording) information 32AN Definitions In this Part: Australian court means a federal court or a court of a State or Territory. civil proceedings means any proceedings before an Australian court, other than criminal proceedings. Commonwealth entity means: (a) the Commonwealth; or (b) an authority of the Commonwealth; or (c) a corporation in which the Commonwealth, or an authority of the Commonwealth, has a controlling interest. Commonwealth place means a place referred to in paragraph 52(i) of the Constitution, other than the seat of government. court includes any tribunal, authority, person or body that has power to require the production of documents or answering of questions, but does not include a Royal Commission, the Parliament or either House of the Parliament. crew member, in relation to CVR information, means any person who had operational duties on board the aircraft at any time during the recording period of the CVR. criminal proceedings means criminal proceedings before an Australian court. |
