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澳大利亚民航法 Australian Civil Aviation Act 1988

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:

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(2) A person must not carry out maintenance on:
(a)an Australian aircraft; or
(b) an aeronautical product in Australian territory; or
(c) an aeronautical product for an Australian aircraft;
if the person is not permitted by or under the regulations to carry out that maintenance.
Penalty: Imprisonment for 2 years.
(3)Nothing in subsection (1) or (2) limits the power to make regulations under this Act that provide for an offence of undertaking another activity without the appropriate civil aviation authorisation or special authorisation under the regulations.
(4)In this section, flight time has the same meaning as in the regulations.
20AC Purported issue of authorisation
(1)A person must not purport to give a civil aviation authorisation for the purposes of the regulations unless the person is authorised under those regulations to give the authorisation.
Penalty: Imprisonment for 2 years.
(2)Without limiting subsection (1), a person is to be taken to give an authorisation for the purposes of that subsection if the person endorses the authorisation on another document (for example, endorses a rating on a licence or in a log book).
Section 20
20 Defence aerodromes
CASA may arrange with the appropriate Ministers for aircraft to use an aerodrome controlled by a part of the Defence Force and, subject to the arrangement, CASA may authorise the aircraft to use the aerodrome in accordance with conditions specified by CASA.
20A Reckless operation of aircraft
(1)A person must not operate an aircraft being reckless as to whether the manner of operation could endanger the life of another person.
(2)A person must not operate an aircraft being reckless as to whether the manner of operation could endanger the person or property of another person.
21 Interference with aeronautical facilities
(1) In this section:
installation includes any electrical or other equipment or any structure.
proprietor, in relation to an installation, means the owner or user of the installation or the owner or occupier of the premises or place where the installation is installed, kept or operated.
(2)The following provisions apply if CASA believes on reasonable grounds that an installation is or may be, either actively or passively, causing interference with communications to or from aircraft, or communications to or from centres established for air traffic control, or with navigational aids or with surveillance systems, in circumstances that are likely to endanger the safety of aircraft engaged in interstate or international air navigation or air navigation within, to or from a Territory.
(3)CASA may serve a notice on the proprietor directing the proprietor to permit the installation to be inspected and tested by an officer.
(4)Upon the service of the notice, an officer may enter the premises or place where the installation is installed, kept or operated and inspect or test the installation.
Section 21
(5)An officer exercising powers under subsection (4) shall produce identification in writing if requested to do so.
(6)If as a result of such an inspection or otherwise, CASA considers it necessary to do so for the safety of aircraft referred to in subsection (2), CASA may serve a notice on the proprietor directing the proprietor to make such modifications to the installation, or to take such other action, as is necessary to eliminate the cause of the interference, within a reasonable time specified in the notice.
(7)If the installation has been installed and is used and operated in accordance with all applicable laws, the proprietor may recover from CASA the amount of all reasonable expenses incurred, and of loss actually suffered, in complying with a direction under subsection (6).
(8)A person must not fail to comply with a direction contained in a notice under this section.
Penalty: Imprisonment for 12 months.
(8A) Subsection (8) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (8A) (see subsection 13
(3) of the Criminal Code).
(9)If the proprietor fails to comply with a direction under subsection (6), CASA may authorise an officer, with such reasonable assistance as the officer requires, to enter the premises or place in which the installation is installed, kept or operated, with such force as is necessary and reasonable, and to take the action that was so directed.
(10)A notice under this section may be served personally or may be served by post at the last-known place of residence or business of the proprietor or at the address at which the installation is installed, kept or operated.
(11)The Director may, in writing, delegate any of CASA’s powers under this section to AA.
Section 22
(12)The Chief Executive Officer of AA may delegate to a member or employee of AA any powers that are delegated to AA under subsection (11).
(13)In this section:
officer includes an employee of AA.
22 Interception etc. of aircraft
(1)This section applies to:
(a)an Australian aircraft; or
(b)any other aircraft (including an aircraft that is not registered anywhere) that is, at the relevant time, being operated by an Australian operator.
(2)The pilot in command of an aircraft that is in flight over the territory of a foreign country shall not operate the aircraft for a purpose that is prejudicial to the security or public order of, or to the safety of air navigation in relation to, the foreign country.
Penalty: Imprisonment for 2 years.
(3)Where:
(a) an aircraft flies over the territory of a foreign country; and
(b)either:
(i) the flight is required to be authorised by the foreign country and is not so authorised; or
(ii) there are reasonable grounds for believing that the aircraft is being operated for a purpose that is prejudicial to the security or public order of, or to the safety of air navigation in relation to, the foreign country;
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