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. (a) the holders of aviation documents of any class or classes specified in the order: (b) persons who, but for an exemption granted under this Act, would be required by this Act to hold an aviation document of the class or classes specified in the order. (3) The Minister shall not make any recommendation under subsection (1) unless— (a) the recommendation has been made at the request and with the concurrence of the Authority; and (b) he or she is satisfied that the Authority’s income from other sources is not or will not be sufficient to enable it to perform its functions under this Act without the imposition of a levy at the rate recommended; and (c) he or she is satisfied that the Authority has consulted with such persons, representative groups within the aviation industry or elsewhere, government departments, and Crown agencies as he or she considers appropriate. Section 42A: inserted, on 10 August 1992, by section 22 of the Civil Aviation Amendment Act 1992 (1992 No 75). 42B Basis on which levies may be imposed (1) Different rates of levies may be imposed or varied under section 42A in respect of different classes of persons, aerodromes, aircraft, aeronautical products, or aviation related services, or on the basis of different times of use or on any other differential basis. (2) The rate of any levy imposed or varied under section 42A may be calculated according to any one of, or any combination of 1 or more of, the following factors: (a) the quantity of aviation fuel purchased by any person: (b) the number of passengers able to be carried on any aircraft: (c) the number of passengers actually carried on any aircraft: (d) the amount of freight able to be carried on any aircraft: (e) the amount of freight actually carried on any aircraft: (f) the distance flown by any aircraft: (g) aircraft size or capacity: (h) the purpose for which any aircraft or aeronautical product is used or for which an aviation related service is supplied: (i) any other basis whatever that relates to the use, capacity, or size of— (i) any aircraft; or (ii) any aeronautical product; or (iii) any aviation related service; or (iv) any privileges exercisable under any aviation document. Section 42B: inserted, on 10 August 1992, by section 22 of the Civil Aviation Amendment Act 1992 (1992 No 75). 42C Levy orders to be confirmed (1) Every Order in Council made under section 42A shall be laid before the House of Representatives not later than the 16th sitting day of the House of Representatives after the day on which it is made. (2) Every such Order in Council shall— (a) where the order is made on or before 30 June in any year, expire on the close of 31 December of that year except so far as it is expressly validated or confirmed by Act of Parliament passed during that year; and (b) where the order is made on or after 1 July in any year, expire on the close of 31 December in the following year except so far as it is expressly validated or confirmed by Act of Parliament passed before the end of that following year. (3) Where an Order in Council made under section 42A expires by virtue of subsection (2), the following provisions shall apply: (a) every levy imposed or increased or decreased by the order shall thereupon cease to be payable: (b) the expiry of the order does not affect the liability of any person to pay any amount under the order, so long as the liability was incurred while the order was in force: (c) where a payment of a levy under the order has been made in error or in excess of the amount payable, then, except so far as any other provision is made by any other Act in respect thereof, the person in respect of whom the payment was made shall, upon application made to the Authority, be entitled to a refund of the amount paid in error or in excess of the amount payable. (4) Every application under subsection (3)(c) shall be in a form provided for the purpose by the Authority and shall contain such information as the Authority considers necessary to enable the refund to be made in accordance with this section. (5) The repeal of any Act passed for the purpose of expressly validating or confirming any Orders in Council pursuant to subsection (2) shall not, unless there is any express provision to the contrary, affect the validity or confirmation of those orders. Section 42C: inserted, on 10 August 1992, by section 22 of the Civil Aviation Amendment Act 1992 (1992 No 75). 42D Other provisions relating to levies (1) Every levy imposed under section 42A shall be paid to the Authority to be applied by the Authority in performing its functions under this Act. (2) An Order in Council made under section 42A may— (a) specify the persons by whom any levy is payable and the place at which it is payable: (b) prescribe a date by which any levy is payable or authorise the Authority to fix the date by which the levy is payable: (c) require returns to be made by persons by whom any levy is payable, and prescribe conditions relating to the making of such returns. (3) Every levy imposed under section 42A is hereby deemed for the purposes of section 41 to be a charge payable under this Act. (4) Every such levy order is hereby declared to be a specific authorisation by an enactment for the purposes of section 43 of the Commerce Act 1986. Section 42D: inserted, on 10 August 1992, by section 22 of the Civil Aviation Amendment Act 1992 (1992 No 75). Part 5 Offences and penalties Safety offences 43 Endangerment caused by holder of aviation document (1) Every holder of an aviation document commits an offence who, in respect of any activity or service to which the document relates, does or omits to do any act or causes or permits any act or omission, if the act or omission causes unnecessary danger to any other person or to any property. (2) Every person who commits an offence against subsection (1) is liable on conviction,— (a) in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000; or (b) in the case of a body corporate, to a fine not exceeding $100,000. (3) The provisions of this section shall be in addition to and not in derogation of any regulations or rules made under this Act. Section 43(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). Section 43(2)(b): amended, on 10 August 1992, by section 41 of the Civil Aviation Amendment Act 1992 (1992 No 75). 43A Operating aircraft in careless manner (1) Every person commits an offence who operates any aircraft in a careless manner. (2) Every person who commits an offence against subsection (1) is liable on conviction,— (a) in the case of an individual, to a fine not exceeding $7,000; or (b) in the case of a body corporate, to a fine not exceeding $35,000. (3) The provisions of this section shall be in addition to and not in derogation of any regulations or rules made under this Act. Section 43A: inserted, on 13 August 1996, by section 17 of the Civil Aviation Amendment Act 1996 (1996 No 91). Section 43A(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). 44 Dangerous activity involving aircraft, aeronautical product, or aviation related service (1) Every person commits an offence who— (a) operates, maintains, or services; or (b) does any other act in respect of— any aircraft, aeronautical product, or aviation related service, in a manner which causes unnecessary danger to any other person or to any property. |
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