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新西兰民航法 New Zealand Civil Aviation Act 1990

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:

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(b) impose or amend any conditions, restrictions, or endorsements on any medical certificate issued to the licence holder.
(2) If the Director has reasonable grounds to believe that a licence holder is unable to exercise safely the privileges to which the licence holder’s medical certificate relates, the Director must, by written notice to the licence holder,—
(a) suspend any medical certificate issued to the licence holder; or
(b) revoke any medical certificate issued to the licence holder; or
(c) impose or amend any conditions, restrictions, or endorsements on any medical certificate issued to the licence holder.
(3) If the Director has reasonable grounds to believe that a person who has been delegated authority under section 27O to issue a medical certificate has issued a medical certificate other than in accordance with this Part or the terms of the delegated authority, the Director—
(a) may, by written notice to the licence holder,—
(i) suspend any medical certificate issued to the licence holder; or
(ii) revoke any medical certificate issued to the licence holder; or
(iii) impose or amend any conditions, restrictions, or endorsements on any medical certificate issued to the licence holder; and
(b) may, by written notice to the person with delegated authority, revoke that person’s delegated authority.
(4) Any notice issued under this section must state the grounds for the Director’s decision.
(5) A notice of suspension issued under subsection (1)(a) or subsection (2)(a) or subsection (3)(a)(i) remains in force until the Director determines what action, if any, referred to in subsection (7) is to be taken, but any such suspension expires 10 working days after the date that the suspension is imposed unless, before the expiry of that 10-working-day period, the Director extends the suspension for a further specified period not exceeding 10 working days (the aggregate suspension period may not exceed 20 working days after the date on which the suspension is imposed).
(6) Any conditions, restrictions, or endorsements that are imposed or made under subsection (1 )(b) or subsection (2)(c) or subsection (3)(a)(iii) remain in force until the Director determines what action, if any, referred to in subsection (7) is to be taken, but any of those conditions, restrictions, or endorsements expire 10 working days after the date that they are imposed unless, before the expiry of that 10-working-day period, the Director extends the conditions, restrictions, or endorsements for a further specified period not exceeding 10 working days (the aggregate period may not exceed 20 working days after the date on which the conditions, restrictions, or endorsements are imposed).
(7) If a notice is issued under subsection (1) or subsection (2) or subsection (3), the Director may, by written notice, take 1 or more of the following actions:
(a) impose or amend conditions, restrictions, or endorsements for a specified period:
(b) withdraw any conditions, restrictions, or endorsements:
(c) disqualify the licence holder from holding the medical certificate for a specified period:
(d) revoke the medical certificate:
(e) cancel the suspension.
(8) If the Director revokes a medical certificate under subsection (2)(b) or subsection (3)(a)(ii) or subsection (7)(d) or subsection (11) or imposes any conditions, restrictions, or endorsements on a medical certificate under subsection (7)(a) or disqualifies a licence holder under subsection (7)(c), the licence holder has 20 working days from the date of the decision to ask the convener to review the decision under section 27L, after which time the decision may not be referred to the convener.
(9) A person who has had his or her medical certificate revoked, withdrawn, or suspended or who is disqualified from holding the medical certificate for a specified period must surrender the medical certificate to the Director, a person authorised by the Director, or a constable.
(10) If the Director issues a notice under this section, the Director—
(a) must also, if practicable, notify any aviation document holder affected by the notice, other than the licence holder, if the Director reasonably considers it necessary for reasons of aviation safety; and
(b) may notify any other affected aviation document holder.
(11) The Director may, by written notice, revoke a medical certificate if a licence holder fails, without reasonable excuse, to comply with a demand under section 27H(1) or section 27H(3) or section 27H(4) within a reasonable period of time.
(12) Any licence holder may return his or her medical certificate to the Director and ask the Director, in writing, to cancel the medical certificate.
(13) If a licence holder asks the Director to cancel his or her medical certificate, the Director must—
(a) cancel the medical certificate; and
(b) update the register of current medical certificates.
Section 27I: inserted, on 1 April2002, by section 5 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).
Section 27I(9): amended, on 1 October 2008, pursuant to section 1 16(a)(ii) of the Policing Act 2008 (2008 No 72).
27J Appointment of convener and deputy convener
(1) The Minister must—
(a) appoint a convener and a deputy convener for a period of no longer than 3 years; and
(b) consult with the Director, and other parties as the Minister thinks fit, before making either appointment; and
(c) take into account any representations made under paragraph (b).
(2) The Minister may renew an appointment as convener or deputy convener for 1 or more periods, each of which may not exceed 3 years.
(3) If the Minister renews an appointment, he or she must—
(a) consult with the Director, and other parties as the Minister thinks fit, before making the renewal; and
(b) take into account any representations made under paragraph (a).
(4) The convener and the deputy convener must—
(a) be medical practitioners who are suitably qualified, and experienced or knowledgeable in civil aviation; and
(b) be able to represent the public interest in aviation safety.
(5) If the convener is unavailable for any reason, the deputy convener must discharge the duties of the convener under this section until—
(a) the convener is available; or
(b) the Minister has appointed a new convener.
Section 27J: inserted, on 1 April2002, by section 5 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).
Section 27J(4)(a): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
27K Cancellation of appointment as convener or deputy convener
(1) The Minister may cancel a person’s appointment under section 27J(1) if the person fails to discharge satisfactorily his or her duties as convener or deputy convener, as the case may be.
(2) Before cancelling an appointment, the Minister must—
(a) give the person written notice of the matters that constitute grounds for cancellation; and
(b) give the person a reasonable opportunity to make representations that explain why his or her appointment should not be cancelled; and
(c) take into account any representations made under paragraph (b).
(3) If the Minister cancels an appointment, the Minister must give the person written notice of the cancellation that sets out the grounds for the cancellation.
Section 27K: inserted, on 1 April2002, by section 5 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).
27L Review of decisions regarding medical certificates or applications
(1) A licence holder or an applicant may, within 20 working days of a decision being made, ask the convener in writing to review the following decisions made by the Director about that person’s medical certificate or application:
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