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. House of Representatives under section 41 of that Act. Section 34A: inserted, on 1 August 2010, by section 8 of the Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 (2010 No 42). Section 34A(6): replaced, on 5 August2013, by section 77(3) of the Legislation Act 2012 (2012 No 119). 35 Procedure for making emergency rules (1) Before making an emergency rule, the Director shall consult with such persons, representative groups within the aviation industry or elsewhere, government departments, and Crown agencies as the Director in each case considers appropriate. (2) Subject to subsection (4), every emergency rule shall be notified in the Gazette and be made available by the Director for purchase by members of the public at a reasonable price, and the notification shall specify a place where the rule is available for inspection free of charge and for purchase. (3) Every emergency rule shall come into force immediately upon its being notified in the Gazette, or, where notified by service on any person under subsection (4), immediately upon service of notification upon that person and in respect of that person only. (4) Where for reasons of safety or security it is impracticable or inappropriate to notify an emergency rule under subsection (2), the Director shall notify such persons as he or she considers appropriate or necessary in the circumstances and service of such notification may be effected by facsimile, telephone, or such other manner as the Director considers appropriate or necessary in the circumstances. (5) An emergency rule may be in force for a period not exceeding 90 days, and may be renewed by the Director once only for a further period not exceeding 30 days. (5A) The Minister may, at any time while an emergency rule is in force in accordance with subsection (5), by notice in the Gazette, renew the rule in accordance with subsection (5B) for a further period not exceeding 180 days from the date of the notification. (5B) Before renewing an emergency rule under subsection (5A), the Minister shall consult with such persons, representative groups within the aviation industry or elsewhere, government departments, and Crown agencies as the Minister thinks appropriate. (6) So far as any emergency rule is inconsistent or repugnant to any ordinary rule made under this Act, the emergency rule shall prevail. Section 35(5): amended, on 13 August 1996, by section 15(1) of the Civil Aviation Amendment Act 1996 (1996 No 91). Section 35(5): amended, on 20 August 1993, by section 5 of the Civil Aviation Amendment Act 1993 (1993 No 90). Section 35(5A): inserted, on 13 August 1996, by section 15(2) of the Civil Aviation Amendment Act 1996 (1996 No 91). Section 35(5B): inserted, on 13 August 1996, by section 15(2) of the Civil Aviation Amendment Act 1996 (1996 No 91). 36 Incorporation by reference (1) The following, whether in written or electronic form, may be incorporated by reference in a rule made by the Minister, the Governor-General, or the Director: (a) any standards, requirements, or recommended practices of international aviation organisations: (b) any standards, requirements, or rule s— (i) prescribed under law by any other contracting State of ICAO: (ii) of the Standards Council, or a body or organisation outside New Zealand that has functions corresponding to the functions of the Standards Council: (iii) of any aviation sport or aviation recreation organisation: (c) any other material or document that, in the opinion of the Minister or the Director, is too large or impractical to be printed as part of the rule. (2) Material may be incorporated by reference in a rule— (a) in whole or in part; and (b) with modifications, additions, or variations specified in the rule. (3) A copy of any material incorporated by reference in rules, including any amendment to, or replacement of, the material, must be— (a) certified as a correct copy of the material by the Minister or the Director (as the case may be); and (b) retained by the Director. (4) Any material incorporated in a rule by reference under subsection (1) is to be treated for all purposes as forming part of the rule; and, unless otherwise provided in the rules, every amendment to any material incorporated by reference under subsection (1) that is made by the person or organisation originating the material is, subject to subsections (5) and (6), to be treated as being a part of the rule. (5) The Director must give notice in the Gazette stating— (a) that the material is incorporated in the rule and the date on which the rule was made; and (b) that the material is available for inspection during working hours, free of charge; and (c) the place where the material can be inspected; and (d) that copies of the material can be purchased; and (e) the place where the material can be purchased; and (f) if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained. (6) All material incorporated by reference under subsection (1) or (2) must be made available at the Civil Aviation Registry for inspection by the public free of charge. (7) Part 2 of the Legislation Act 2012 does not apply to material incorporated by reference in a rule or to an amendment to, or a replacement of, that material. (8) Nothing in section 41 of the Legislation Act 2012 requires material that is incorporated by reference in a rule to be presented to the House of Representatives. (9) Subsections (1) to (8) do not affect the application of sections 22 to 25 of the Standards Act 1988. Section 36: substituted, on 1 August 2010, by section 9 of the Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 (2010 No 42). Section 36(7): amended, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119). Section 36(8): amended, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119). 37 Exemption power of Director (1) The Director may, if he or she considers it appropriate and upon such conditions as he or she considers appropriate, exempt any person, aircraft, aeronautical product, aerodrome, or aviation related service from any specified requirement in any rule made under section 28, 29A, 29B, or 30. (2) Before granting an exemption under subsection (1), the Director shall be satisfied in the circumstances of each case that— (a) the requirement has been substantially complied with and that further compliance is unnecessary; or (b) the action taken or provision made in respect of the matter to which the requirement relates is as effective or more effective than actual compliance with the requirement; or (c) the prescribed requirements are clearly unreasonable or inappropriate in the particular case; or (d) events have occurred that make the prescribed requirements unnecessary or inappropriate in the particular case,— and that the risk to safety will not be significantly increased by the granting of the exemption. (3) The number and nature of exemptions granted under subsection (1) shall be notified as soon as practicable in the Gazette. (4) Nothing in this section shall apply in any case where any rule specifically provides that no exemptions are to be granted. Section 37(1): amended, on 1 August 2010, by section 10 of the Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 (2010 No 42). Part 4 Fees and charges 38 Fees and charges (1) Without limiting the power to make regulations conferred by section 100, but subject to the provisions of this Act, the Governor-General may, from time to time, by Order in Council, make regulations prescribing, or providing for the fixing of, fees and charges payable for all or any of the following purposes: |
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