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. (5)Where: (a)a person other than a body corporate is convicted of an offence; and (b) the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted; the person is not liable to be punished by imprisonment for that offence. (6)A reference in subsection (1) or (3) to the state of mind of a person includes a reference to: (a) the knowledge, intention, opinion, belief or purpose of the person; and (b) the person’s reasons for the intention, opinion, belief or purpose. (7)A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory. (8)A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct. (9)A reference in this section to an offence against this Act includes a reference to: (a)an offence created by the regulations; and (b)an offence created by section 6 of the Crimes Act 1914, being an offence that relates to an offence against this Act or the regulations; and (c)an offence created by Part 2 of the Criminal Code being an offence that relates to this Act or the regulations. 98 Regulations etc. (1)The Governor-General may make regulations, not inconsistent with this Act: (a)prescribing matters required or permitted by this Act to be prescribed; (b)prescribing matters necessary or convenient to be prescribed for carrying out or giving effect to this Act; (c)for the purpose of carrying out and giving effect to the provisions of the Chicago Convention relating to safety; (d)in relation to safety of air navigation within a Territory or to or from a Territory; (e)in relation to safety of air navigation, being regulations with respect to trade and commerce with other countries and among the States; and (f)in relation to safety of air navigation, being regulations with respect to any other matter with respect to which the Parliament has power to make laws. (2)The regulations may apply in relation to state aircraft. (3)Without limiting the generality of subsections (1) and (2), those subsections include the power to make regulations for or in relation to the following: (aa) the design and manufacture of aircraft; (a) the registration, marking and airworthiness of aircraft; (b) the manner of applying for AOCs, including the information that may be required, and the conditions to be satisfied, for the issue of AOCs; (ba) the manner of applying for permissions under Part III, including the information that may be required, and the conditions to be satisfied, for the granting of permissions; (bb) requiring specified persons to provide CASA with, or to ensure that CASA is provided with, specified information relating to the entering into, modification, cancellation, non-renewal or expiry of acceptable contracts of insurance or adequate financial arrangements in relation to specified passenger-carrying operations (within the meaning of Part IVA of the Civil Aviation (Carriers’ Liability) Act 1959), to the extent that the insurance or arrangements are required under this Act; (c) requiring persons performing specified functions in relation to the operation or maintenance of aircraft and aerodromes to be the holders of licences, permits or certificates of specified kinds, and providing for the grant, issue, cancellation, suspension or variation of such licences, permits and certificates; (d) the planning, construction, establishment, operation and use of aerodromes, including the licensing of aerodromes; (e) the planning, construction, establishment, maintenance, operation and use of air route and airway facilities, including the obtaining of meteorological information; (f)hygiene, sanitation and public health at aerodromes; (g) the prohibition of the construction of buildings, structures or objects, the restriction of the dimensions of buildings, structures or objects, and the removal in whole or in part or the marking or lighting of buildings, structures or objects (including trees or other natural obstacles) that constitute or may constitute obstructions, hazards or potential hazards to aircraft flying in the vicinity of an aerodrome, and such other measures as are necessary to ensure the safety of aircraft using an aerodrome or flying in the vicinity of an aerodrome; (h) empowering CASA, or an officer authorised by CASA, to give or issue directions or instructions to all or any of the persons holding licences, permits or certificates under this Act or the regulations, being directions or instructions with respect to matters affecting the safe navigation and operation, or the maintenance, of aircraft, and providing for the manner in which such directions and instructions are to be notified; (j) the formal proof and authentication of instruments made or issued under this Act or the regulations; (k) the powers (including powers of arrest) that may be exercised by members of the crew of an aircraft, in relation to persons on board the aircraft, for the purpose of ensuring the safety of the aircraft or of its passengers, crew or cargo or otherwise for the purposes of this Act or the regulations; (ka) requiring specified persons to prepare or alter flight manuals, operations manuals, procedures manuals, maintenance manuals, systems of maintenance and other specified manuals and documents relating to the safe operation of aircraft; (kb) the approval by CASA of such manuals, systems and documents and of alterations of them; (kc) empowering CASA to prepare and alter such manuals, systems and documents; (kd) requiring specified persons to comply with such manuals, systems and documents as in force at a particular time or from time to time; (m) the review of decisions made under the regulations; (p) the imposition of penalties, not exceeding a fine of 50 |
