时间：2015-01-01 10:26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) Where the Director believes on reasonable grounds that the operation or use of any aircraft or aeronautical product or any class of aircraft or aeronautical products may endanger persons or property and that prompt action is necessary to prevent the danger, the Director may do all or any of the following: (a) prohibit or impose conditions on the operation of the aircraft or all aircraft of that class: (b) prohibit or impose conditions on the use of the aeronautical product or aeronautical products of that class: (c) detain particular aircraft or seize particular aeronautical products where necessary in order to prevent their operation or use. (3) Any detention or seizure under subsection (1) or subsection (2) shall be maintained for only such time as is necessary in the interest of safety; but, if aircraft, aeronautical products, or parts thereof are required for the purpose of evidence in any prosecution under this Act those aircraft, products, or parts thereof may be retained by the Director for such period as the Director considers necessary for that purpose. (4) The Director shall, if requested by the owner or the person for the time being in charge of an aircraft detained or an aeronautical product seized under subsection (1), provide in writing to the owner or that person the reasons for the detention or seizure. (5) Any person in respect of whom any decision is taken under this section may appeal against that decision to a District Court under section 66. (6) For the purpose of subsections (1) and (2), the Director shall notify any prohibitions or conditions to such persons as he or she considers necessary by such means of communication, whether or not of a permanent nature, as the Director considers appropriate in the circumstances. (7) [Repealed] Section 21(1)(c): amended, on 10 August 1992, by section 14(a) of the Civil Aviation Amendment Act 1992 (1992 No 75). Section 21(6): amended, on 10 August 1992, by section 14(b) of the Civil Aviation Amendment Act 1992 (1992 No 75). Section 21(7): repealed, on 10 August 1992, by section 14(c) of the Civil Aviation Amendment Act 1992 (1992 No 75). 22 Delegation of Minister’s functions or powers to Authority (1) The Minister may from time to time, either generally or particularly, delegate to the Authority all or any of the Minister’s functions and powers under this Act. (2) Every delegation under this section shall be in writing. (3) No delegation under this section shall include the power to delegate under this section. (4) The power of the Minister to delegate under this section— (a) is subject to section 28(9) and to any prohibitions, re strictions, or conditions contained in any other Act in relation to the delegation of the Minister’s functions or powers; but (b) does not limit any power of delegation conferred on the Minister by any other Act. (5) Subject to any general or special directions given or conditions imposed by the Minister, the Authority may exercise any functions or powers so delegated to the Authority in the same manner and with the same effect as if they had been conferred on the Authority directly by this section and not by delegation. (6) Where the Authority purports to act pursuant to any delegation under this section, the Authority, shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation. (7) No such delegation shall affect or prevent the exercise of any function or power by the Minister, nor shall any such delegation affect the responsibility of the appropriate Minister for the actions of any person acting under the delegation. (8) The Authority must not delegate any functions or powers delegated to the Authority by the Minister without the written consent of the Minister. Section 22: substituted, on 10 August 1992, by section 15 of the Civil Aviation Amendment Act 1992 (1992 No 75). Section 22(8): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). 23 Delegation of Authority’s functions or powers to employees of Authority [Repealed] Section 23: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). 23A Delegation of Director’s functions or powers to employees of Authority (1) The Director may from time to time, either generally or particularly, delegate to any employee of the Authority any of the Director’s functions and powers under this Act or any other Act, or under any regulations or rules made under this Act, including functions or powers delegated to the Director under this Act. (2) Every delegation under this section shall be in writing. (3) [Repealed] (4) Notwithstanding subsection (1), the Director shall not delegate— (a) [Repealed] (b) the power under section 18 to revoke an aviation document. (5) The provisions of sections 73(4) and 74 to 76 of the Crown Entities Act 2004 apply as if references to the board were references to the Director, with all necessary modifications. (6) The Director must not delegate any functions or powers delegated to the Director by the Minister without the written consent of the Minister. (7) Any delegation under this section may be made to a specified employee of the Authority or to employees of a specified class, or to the holder or holders for the time being of a specified office or specified class of offices of the Authority. (8) Every delegation under this section, until it is revoked, continues in force according to its tenor, despite the fact that the employee of the Authority by whom it was made may cease to hold office, and continues to have effect as if made by the employee for the time being holding that office. Section 23A: inserted, on 10 August 1992, by section 15 of the Civil Aviation Amendment Act 1992 (1992 No 75). Section 23A(3): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). Section 23A(4)(a): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). Section 23A(5): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). Section 23A(6): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). Section 23A(7): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). Section 23A(8): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). 23B Delegation of Director’s functions or powers to persons outside Authority (1) [Repealed] (2) Subject to this section, the Director may from time to time either generally or particularly delegate to any person who is not an employee of the Authority any of the Director’s functions and powers under this Act, or under any regulations or rules made under this Act, other than— (a) the power under section 18 to revoke aviation documents; or (b) the power under section 41 to suspend or revoke aviation documents; or (c) the power under section 58 to issue infringement notices. (2A) Any function or power that may be delegated under subsection (2) to a person in New Zealand who is not an employee of the Authority may be delegated under that subsection to an officer of CASA for the purpose of enabling that officer to perform the function or exercise the power in Australia in respect of New Zealand AOCs with ANZA privileges. (3) Every delegation under this section shall be in writing. (4) No delegation shall be made under this section without the written consent of the Minister. (5) In any case where the Director has delegated any functions or powers to any person under this section, that person may, with the prior approval in writing of the Minister, delegate to any other person such of those functions or powers as are so approved. |
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