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. 32AQ CVR information no ground for disciplinary action A person is not entitled to take any disciplinary action against a crew member on the basis of CVR information. 32AR Admissibility of CVR information in criminal proceedings against crew members CVR information, and any information or thing obtained as a direct or indirect result of the use of CVR information, is not admissible in evidence in criminal proceedings against a crew member, except where: (a) the CVR information has been disclosed in the proceedings because of the operation of paragraph 32AP(3)(d); or (b) the criminal proceedings are for an offence against this Part. 32AS Admissibility of CVR information in civil proceedings (1)CVR information is not admissible in evidence in civil proceedings unless the court makes a public interest order under subsection (3) in relation to the CVR information. (2)A party to damages proceedings may, at any time before the determination of the proceedings, apply to the court in which the proceedings have been instituted for an order that CVR information be admissible in evidence in the proceedings. (3)If such an application is made, the court must examine the CVR information and if the court is satisfied that: (a) a material question of fact in the proceedings will not be able to be properly determined from other evidence available to the court; and (b) the CVR information or part of the CVR information, if admitted in evidence in the proceedings, will assist in the proper determination of that material question of fact; and (c)in the circumstances of the case, the public interest in the proper determination of that material question of fact outweighs: (i) the public interest in protecting the privacy of members of crews of aircraft; and (ii)any adverse domestic and international impact that the disclosure of the information might have on any future investigation under the Transport Safety Investigation Act 2003; then the court may order that the CVR information, or that part of the CVR information, be admissible in evidence in the proceedings. 32AT Examination by a court of CVR information under subsection 32AS(3)(1)This section applies if a court examines CVR information under subsection 32AS(3). (2)The only persons who may be present at the examination are: (a) the person or persons constituting the court, other than the members of the jury (if any); and (b) the legal representatives of the parties to the proceedings; and (c) such other persons (if any) as the court directs. (3)The court may direct that the CVR information, or any information obtained from the CVR information, must not: (a)be published or communicated to any person; or (b)be published or communicated except in such manner, and to such persons, as the court specifies. 32AU Where a court makes an order under subsection 32AS(3)(1)This section applies if CVR information is admitted as evidence under subsection 32AS(3). (2)In relation to proceedings against a crew member, the CVR information is not evidence for the purpose of the determination of the liability in the proceedings of the crew member. (3)In relation to any proceedings, the court may direct that the CVR information or any information obtained from the CVR information, must not: (a)be published or communicated to any person; or (b)be published or communicated except in such manner, and to such persons, as the court specifies. Section 33 Part IV—Drug and alcohol management plans and testing Division 1—Definitions 33 Definitions (1) In this Part: body sample means any of the following: (a)any human biological fluid; (b)any human biological tissue (whether alive or not); (c)any human breath. drug or alcohol test means: (a) a test of a body sample of a person to determine the presence (if any), but not the level, of alcohol or a testable drug in the sample; or (b) a test of a body sample of a person to determine the presence (if any), and the level, of alcohol or a testable drug in the sample. positive test result, in relation to a drug or alcohol test of a body sample, means a finding by the person or body who was authorised under the regulations to conduct the test that the test reveals: (a) the presence of alcohol or a testable drug in the sample; and (b)if the test determined the level of alcohol or testable drug in the sample and a permitted level for alcohol or that drug is specified in the regulations—that the permitted level has been exceeded. safety-sensitive aviation activities means activities that impact directly or indirectly on the safety of: (a)civil air operations in Australian territory; or (b) the operation of Australian aircraft outside Australian territory. Section 33 testable drug means a drug specified in an instrument under subsection (2). (2) The Minister may, by legislative instrument, specify a drug for the purposes of the definition of testable drug in subsection (1). Section 34 Division 2—Regulations 34 General regulation-making power Drug and alcohol management plans (1) The regulations may make provision for and in relation to the development, implementation and enforcement of drug and alcohol management plans covering persons who perform, or are available to perform, safety-sensitive aviation activities. Drug or alcohol tests (2) The regulations may make provision for and in relation to drug or alcohol tests in respect of persons who perform, or are available to perform, safety-sensitive aviation activities. Limitation (3) Regulations must not be made for the purposes of this section unless the performance of the safety-sensitive aviation activities concerned could be adversely affected by the use of alcohol or a testable drug by persons who perform those activities. |
