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：次

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(a) before the person, item, substance, or vehicle enters a sterile area:
(b) present in a sterile area.
(2) A search undertaken under subsection (1) must be carried out in accordance with the requirements for searches specified in section 12(2) to (8) of the Aviation Crimes Act 1972.
(3) If an item or substance specified in section 11(1) of the Aviation Crimes Act 1972 or a direction under section 77A(1) or 77B(1) is detected in a search undertaken under subsection (1) or section 80 of this Act or section 12 of the Aviation Crimes Act 1972, and an 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 or into a sterile area, the aviation security officer may seize and detain the item or substance for the purpose of determining whether there is lawful authority or reasonable excuse for the item or substance to be carried on an aircraft or into a sterile area.
(4) If the aviation security officer determines that the item or substance may be lawfully carried into, or remain in, an aircraft or a sterile area, the aviation security officer must,—
(a) if practicable, return the item or substance to the person from whom it was seized; or
(b) if impracticable to return the item or substance to the person from whom it was seized, deliver the item or substance to the carrier of the aircraft that the person boarded or intended to board when the item or substance was seized.
(5) If the aviation security officer determines that there is no lawful authority or reasonable excuse for the item or substance to be carried on an aircraft or into a sterile area, the aviation security officer may—
(a) detain the item or substance until it is dealt with in accordance with paragraph (b) or (c); or
(b) dispose of or destroy the item or substance; or
(c) deliver the item or substance to a constable.
(6) If an aviation security officer delivers an item or substance to a constable under subsection (5)(c), the aviation security officer must record the delivery and the relevant details of the seizure.
(7) Despite anything in this section, if the aviation security officer has reasonable grounds to believe that an item or substance poses an imminent risk to safety, the aviation security officer may destroy or otherwise dispose of the item or substance.
Section 80B: inserted, on 26 September 2007, by section 14(1) of the Civil Aviation Amendment Act 2007 (2007 No 89).
Section 80B(5)(c): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 80B(6): amended, on 1 October 2008, pursuant to section 1 16(a)(ii) of the Policing Act 2008 (2008 No 72).
80C Powers and duties of aviation security officers relating to security enhanced areas
(1) Without limiting section 80, an aviation security officer may, for the purpose of detecting any item or substance specified in section 11(1) of the Aviation Crimes Act 1972 or a direction given under section 77A(1) or 77B(1), screen or search 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.
(2) A search undertaken under subsection (1) must be carried out in accordance with the requirements for searches specified in section 12(2) to (8) of the Aviation Crimes Act 1972.
(3) If an item or substance specified in section 11(1) of the Aviation Crimes Act 1972 or a direction under section 77A(1) or 77B(1) is detected in a search undertaken under subsection (1) or section 80 of this Act or section 12 of the Aviation Crimes Act 1972, and 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 into or remain in the security enhanced area, the aviation security officer may seize and detain the item or substance for the purpose of determining whether there is lawful authority or reasonable excuse for the item or substance to be carried into or remain in the security enhanced area.
(4) If the aviation security officer determines that there is no lawful authority or reasonable excuse for the item or substance to be carried into or remain in the security enhanced area, the aviation security officer—
(a) must—
(i) detain the item or substance until it is delivered to a constable or, if the Director agrees, destroyed or otherwise disposed of ; or
(ii) deny entry into the security enhanced area to any person in possession of the item or substance; or
(iii) direct the person in possession of the item to leave the security enhanced area, with or without—
(A) the item or substance:
(B) any vehicle used to transport the item or substance; and
(b) must make a record of the item or substance and the person from whom the item or substance was seized (if any).
(5) If the aviation security officer determines that the item or substance may be lawfully carried into or remain in the security enhanced area, the aviation security officer must, if practicable, return the item or substance to the person from whom the item or substance was seized.
(6) Despite anything in this section, if the aviation security officer has reasonable grounds to believe that the item or substance poses an imminent risk to safety, the aviation security officer may destroy or otherwise dispose of the item or substance.
Section 80C: inserted, on 18 January2008, by section 14(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).
Section 80C(4)(a)(i): amended, on 1 October 2008, pursuant to section 1 16(a)(ii) of the Policing Act 2008 (2008 No 72).
80D Consent to be screened or searched
(1) The powers specified in section 80C(1) may only be exercised with respect to—
(i) a person to be screened or searched with the consent of the person:
(ii) an item, substance, or vehicle to be screened or searched with the consent of the person in possession of the item, substance, or vehicle.
(2) To avoid doubt, an item, substance, or vehicle may be screened or searched without consent if it is unattended.
Section 80D: inserted, on 18 January 2008, by section 14(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).
80E Persons who refuse to consent to be screened or searched (1) If a person refuses to consent to the screening or searching under section 80C(1), an aviation security officer may—
(a) deny that person entry into the security enhanced area:
(b) require that person to—
(i) leave the security enhanced area:
(ii) remove any item, substance, or vehicle in that person’s possession from the security enhanced area.
(2) An aviation security officer may—
(a) prevent a person from entering a security enhanced area if the person is denied entry:
(b) remove a person from a security enhanced area if the person is required to leave.
(3) An aviation security officer may detain a person who—
(a) refuses to leave when required to leave (or attempts to enter when denied entry) and persists in his or her refusal (or attempt) after being warned that he or she commits an offence by not complying:
(b) refuses to be screened or searched if the aviation security officer has reasonable grounds to suspect that—
(i) an offence against the Aviation Crimes Act 1972 has been, is being, or is likely to be committed, whether by that person or by any other person; or
(ii) a search of the person refusing to consent is likely to disclose evidence that an offence against the Aviation Crimes Act 1972 has been, is being, or is likely to be, committed, whether by that person or any other person.

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