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. (5) Where an appeal to the High Court or Court of Appeal is allowed under this section, whether in whole or in part, the Registrar of the High Court shall send notice thereof to the Director who shall have a right to appear and be heard in respect of the matter. (6) In determining the expiration of the period for which a person is disqualified from holding or obtaining an aviation document, any time during which the operation of the disqualification order is deferred under this section shall be disregarded. Compare: 1964 No 68 s 24G; 1975 No 34 s 6 Section 64(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). Section 64(2): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). Section 64(3): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). Section 64(5): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75). Charging documents and burden ofproof Heading: replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). 65 Time for filing charging document Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011 the limitation period in respect of an offence against this Act ends on the date that is 12 months after the date on which the offence was committed. Section 65: replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). 65AA Burden of proof of reasonable excuse In proceedings for an offence against any of sections 44A(1), 46C(1), 49(1)(b) and (c), 50A(1), 51, 52A, 52B(1), 52C(1), 53, 56A(1)(b), 65P(6), 77I(1), 96B(1) and (2), and 99C(1)(a) and (b),— (a) the prosecutor need not assert absence of reasonable excuse in the charging document; and (b) the burden of proving that the defendant had a reasonable excuse lies on the defendant. Section 65AA: inserted, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). Part 5A Unruly passenger offences Part 5A: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8). Preliminary provisions Heading: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8). 65A Application of this Part (1) This Part applies to any unruly passenger offence committed— (a) on an aircraft in New Zealand, regardless of the nationality of the aircraft: (b) outside New Zealand on an aircraft in flight, regardless of the nationality of the aircraft, if the next landing of the aircraft is New Zealand. (2) For the purposes of this Part, an aircraft is in flight from the time when all its external doors are closed after embarkation until the time when any external door is opened for disembarkation. (3) Despite subsection (2), in the case of a forced landing an aircraft is in flight until the time when the competent authorities of the country in which the forced landing takes place, or, in the case of a forced landing in a place that is not within the territorial limits of any country, the competent authorities of any country, assume responsibility for the aircraft and for persons and property on board the aircraft. (4) A person authorised by the Director to exercise a power or function under this Part must carry a warrant of authority issued by the Director that specifies— (a) the name of, and the office or offices held by, that person; and (b) the powers and functions that the person is authorised to exercise under this Part. (5) A constable may exercise all or any of the powers and functions that may be conferred on a person authorised by the Director under this Part. (6) For the purposes of this Part, person authorised by the Director includes (but is not limited to) an aviation security officer authorised by the Director. Section 65A: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8). Section 65A(5): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72). 65B Liability for offences against this Part despite extraterritoriality Any person who commits an act or omission on an aircraft in flight outside New Zealand that would be an offence against this Part if it occurred within New Zealand is, subject to this Act, liable as if the act or omission had occurred in New Zealand. Section 65B: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8). 65C Liability for offences under Summary Offences Act 1981 despite extraterritoriality (1) Any person who commits an act or omission on an aircraft in flight outside New Zealand that would, if it occurred in New Zealand, be an offence against sections 3 (disorderly behaviour), 7 (fighting in public place), 9 (common assault), 11 (wilful damage), or 27 (indecent exposure) of the Summary Offences Act 1981, is liable under that Act as if the act or omission had occurred in New Zealand. (2) To avoid doubt, any person who commits an act or omission on an aircraft that would be an offence against sections 3 (disorderly behaviour), 7 (fighting in public place), or 27 (indecent exposure) of the Summary Offences Act 1981 is liable under that Act as if the reference to public place in any of those provisions includes an aircraft. Section 65C: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8). 65D Foreign aircraft outside New Zealand (1) An infringement notice may be issued, or proceedings commenced, for an unruly passenger offence committed on a foreign aircraft outside New Zealand if— (a) the pilot-in-command— (i) makes a request in the prescribed form to the Director or a person authorised by the Director to issue an infringement notice or to commence proceedings; and (ii) provides an undertaking in the prescribed form that he or she (or the operator of the aircraft) has not made or will not make a similar request to the authorities of any other State; and (b) in the case of proceedings, the Attorney-General consents. (2) To avoid doubt, a person may, in respect of an unruly passenger offence, be arrested, charged, remanded in custody, or released on bail before the Attorney-General decides whether or not to consent to proceedings. (3) Despite subsection (1)(b), proceedings for an unruly passenger offence committed on a foreign aircraft outside of New Zealand may be commenced without the Attorney-General’s consent if— (a) a copy of the infringement notice is filed or particulars of the infringement notice are provided under section 65S(1); or (b) the defendant requests a hearing in respect of the infringement offence to which the infringement notice relates. (4) In any proceedings for an offence under this Part, the pilot-in-command’s request and undertaking, if made in the prescribed form or forms, are— (a) admissible in evidence; and (b) in the absence of proof to the contrary, sufficient evidence of the matters stated in the form or forms. Section 65D: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8). Section 65D(3)(a): substituted, on 1 March 2007, by section 32(1) of the Summary Proceedings Amendment Act 2006 (2006 No 13). 65E Proceedings for offences (1) [Repealed] (2) [Repealed] (3) Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011 the limitation period in respect of the offences specified in this Part (except sections 65F and 65G(1)(d)) ends on the date that is 12 months after the date on which the offence was committed. (4) Subject to section 65C, nothing in this Part affects the liability of any person under any other enactment. |
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