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. (6) The Minister may rescind a direction made under subsection (1). (7) Subject to subsection (4), a direction remains in effect until it is rescinded. (8) Nothing in this section empowers the Minister to exercise the Director’s powers under section 77B. Section 77A: inserted, on 1 June 2002, by section 18 of the Civil Aviation Amendment Act 2002 (2002 No 15). Section 77A heading: amended, on 18 January 2008, by section 9(1) of the Civil Aviation Amendment Act 2007 (2007 No 89). Section 77A(1): substituted, on 18 January 2008, by section 9(2) of the Civil Aviation Amendment Act 2007 (2007 No 89). Section 77A(1A): inserted, on 18 January 2008, by section 9(2) of the Civil Aviation Amendment Act 2007 (2007 No 89). Section 77A(2): amended, on 18 January 2008, by section 9(3) of the Civil Aviation Amendment Act 2007 (2007 No 89). Section 77A(2)(b): amended, on 18 January 2008, by section 9(4) of the Civil Aviation Amendment Act 2007 (2007 No 89). Section 77A(5): replaced, on 5 August2013, by section 77(3) of the Legislation Act 2012 (2012 No 119). Section 77A(5A): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119). 77B Powers and duties of Director to require screening, searching, and seizing (1) The Director may, if he or she believes on reasonable grounds that a security risk exists, direct an aviation security service provider, by notice in the Gazette,— (a) to screen— (i) any person boarding an aircraft: (ii) any thing to be carried on an aircraft: (iii) any person, item, or substance— (A) before the person, item, or substance enters a sterile area: (B) present in a sterile area: (iv) any person, item, substance, or vehicle— (A) before the person, item, substance, or vehicle enters a security enhanced area: (B) present in a security enhanced area: (v) any unattended item, substance or vehicle in a security enhanced area: (b) if necessary, to undertake reasonable searches of— (i) any person boarding an aircraft: (ii) any thing to be carried on an aircraft: (iii) any (as specified in the Gazette notice)— (A) aircraft or class of aircraft: (B) aerodrome or class of aerodrome: (C) navigation installation or class of navigation installation: (iv) any person, item, substance, or vehicle— (A) before the person, item, substance, or vehicle enters a sterile area: (B) present in a sterile area: (v) any person, item, substance, or vehicle— (A) before the person, item, substance, or vehicle enters a security enhanced area: (B) present in a security enhanced area: (vi) any unattended item, substance, or vehicle in a security enhanced area: (c) seize any item or substance specified in the Gazette notice if the aviation security officer has reasonable grounds to believe that there is no lawful authority or reasonable excuse for the item or substance to be carried on an aircraft. (1A) An aviation security service provider directed under subsection (1) must screen and search for any item or substance specified in the Gazette notice. (2) Before directing an aviation security provider under subsection (1), the Director must, to determine whether or not the direction is necessary to meet the security risk, consult, as the Director in each case considers appropriate and practical, representative groups in the aviation industry, government departments, and Crown agencies. (3) A direction made under subsection (1) takes effect on the date specified in the notice, which may be a date before the notice is published in the Gazette, if the Director— (a) considers on reasonable grounds that urgent action is required; and (b) has notified all affected parties (other than persons boarding an aircraft) before that date. (4) If a direction takes effect on a date before the notice is published in the Gazette,— (a) the direction expires 28 days after that date unless the notice is published in the Gazette within 28 days of that date; and (b) if the notice is published in the Gazette within 28 days of that date, the direction expires 90 days after that date unless, before the expiry of the 90-day period, the Director, after complying with subsection (3)(b), extends the period for a further specified period not exceeding 90 days (the aggregate period may not exceed 180 days). (5) A direction that takes effect on a date on or after the notice is published in the Gazette is a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act. (5A) No direction made under subsection (1) is a legislative instrument for the purposes of the Legislation Act 2012. (6) The Director may rescind a direction made under subsection (1). (7) Subject to subsection (4), a direction remains in effect until it is rescinded. Section 77B: inserted, on 1 June 2002, by section 18 of the Civil Aviation Amendment Act 2002 (2002 No 15). Section 77B heading: amended, on 18 January 2008, by section 10(1) of the Civil Aviation Amendment Act 2007 (2007 No 89). Section 77B(1): substituted, on 18 January 2008, by section 10(2) of the Civil Aviation Amendment Act 2007 (2007 No 89). Section 77B(1A): inserted, on 18 January 2008, by section 10(2) of the Civil Aviation Amendment Act 2007 (2007 No 89). Section 77B(2): amended, on 18 January 2008, by section 10(3) of the Civil Aviation Amendment Act 2007 (2007 No 89). Section 77B(5): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119). Section 77B(5A): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119). 77BA Certain Gazette notices may not include security sensitive information (1) A notice to be published in the Gazette under section 77A(1) or 77B( 1) in relation to security enhanced areas may not include security sensitive information. (2) For the purposes of this section, security sensitive information means information that would prejudice the national security interests of New Zealand if disclosed. Section 77BA: inserted, on 18 January 2008, by section 11 of the Civil Aviation Amendment Act 2007 (2007 No 89). 77C Transitional provisions for screening (1) A direction requiring the screening of domestic aircraft passenger services made by the Director before 1 June 2002 continues in force until 1 September 2002, on which date it expires; however, the Director may rescind the direction before 1 September 2002. (2) A person carrying out the screening of domestic aircraft passenger services under a direction to do so made before 1 June 2002 (or a search in accordance with such a direction) is entitled to continue to carry out that screening (or search) until 1 September 2002, on which date the entitlement expires. Section 77C: inserted, on 1 June 2002, by section 18 of the Civil Aviation Amendment Act 2002 (2002 No 15). 77F Powers and duties of Director relating to security checks (1) The Director may carry out a security check of a person who falls within a category of persons specified in the rules as requiring a security check if— (a) the security check is for the purpose of determining whether the person poses a threat to aviation security; and (b) the person consents. (2) If a person refuses consent to a security check under subsec-tion(1), the person may not be granted any authorisation under the rules if the rules require a favourable security check determination. (3) The Director may grant a favourable security check determination if the Director decides that the person has undergone an alternative security check that is acceptable to the Director. |
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