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. Section 100(4): added, on 26 September 2007, by section 17(4) of the Civil Aviation Amendment Act 2007 (2007 No 89). Section 100(5): added, on 26 September 2007, by section 17(4) of the Civil Aviation Amendment Act 2007 (2007 No 89). 100A Burden of proof of exceptions, etc, for offences in rules and regulations (1) This section applies to any offence contained in rules or regulations made pursuant to this Act. (2) Any exception, exemption, proviso, excuse, or qualification, whether it does or does not accompany the description of the offence,— (a) may be proved by the defendant; but (b) need not be negatived in the charging document, and, whether or not it is so negatived, no proof in relation to the matter is required on the part of the prosecutor. (3) Subsection (2)(b) is subject to section 17(4) of the Criminal Procedure Act 2011. Section 100A: inserted, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). 101 Repeals, revocation, amendments, and savings (1) The enactments specified in Schedule 1 are hereby repealed. (2) The Civil Aviation (Accident Investigation) Regulations 1978 (SR 1978/112) are hereby revoked. (3) The enactments specified in Schedule 2 are hereby amended in the manner indicated in that schedule. (4) Nothing in subsection (1) shall affect any amendment made by section 6 of the Civil Aviation Amendment Act 1976. 102 Transitional provisions (1) Every reference to the Minister of Civil Aviation or the Minister of Civil Aviation and Meteorological Services in any Act, regulation, rule, order, other enactment, agreement, deed, instrument, application, notice, or other document whatsoever in force at the commencement of this Act, shall, unless the context otherwise requires, be read as a reference to the Minister of Transport. (2) [Repealed] (3) Unless the context otherwise requires, in any Act, regulation, rule, order, other enactment, agreement, deed, instrument, application, notice, or other document whatsoever in force at the commencement of this Act,— (a) every reference to the Office of Air Accidents Investigation shall be read as a reference to the Transport Accident Investigation Commission: (b) every reference to the Chief Inspector of Air Accidents or an Inspector of Air Accidents shall be read as a reference to a person appointed by the Transport Accident Investigation Commission to investigate any matter under the Transport Accident Investigation Commission Act 1990. (4) [Repealed] (5) Every licence, rating, certificate, permit, authorisation, approval, or other document issued under the Civil Aviation Regulations 1953, that is in force immediately before the commencement of this Act, shall be deemed to be an aviation document issued under this Act, and shall have effect and be subject to the provisions of this Act accordingly. (6) Every authorisation given under section 29A or section 29C of the Civil Aviation Act 1964, and every commission regime issued under section 29C of that Act, that is in force immediately before the commencement of this Act, shall be deemed to have been given or issued, as the case may be, under Part 9, and shall have effect and be subject to the provisions of that Part accordingly. (7) [Repealed] Section 102(2): repealed, on 10 August 1992, by section 37 of the Civil Aviation Amendment Act 1992 (1992 No 75). Section 102(4): repealed, on 10 August 1992, by section 37 of the Civil Aviation Amendment Act 1992 (1992 No 75). Section 102(7): repealed, on 10 August 1992, by section 37 of the Civil Aviation Amendment Act 1992 (1992 No 75). 103 Effect of Act on Civil Aviation Regulations [Repealed] Section 103: repealed, on 28 November 1991, by section 7 of the Civil Aviation Amendment Act 1991 (1991 No 116). Part 12 Cape Town Convention and Aircraft Protocol Part 12: added, on 1 November 2010, by section 12 of the Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 (2010 No 42). 104 Interpretation (1) In this Part, unless the context otherwise requires,— Aircraft Protocol means the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment done at Cape Town on 16 November 2001 (a copy of the English text of which is set out in Schedule 8) Cape Town Convention means the Convention on International Interests in Mobile Equipment done at Cape Town on 16 November 2001 (a copy of the English text of which is set out in Schedule 7) Contracting State means a State that is a party to the Cape Town Convention and the Aircraft Protocol declaration means a declaration made by New Zealand under the Cape Town Convention or the Aircraft Protocol de-registration request means a request for the removal of the registration of an aircraft from the New Zealand Aircraft Register removal request means a request for the removal of an irrevocable de-registration and export request authorisation from the New Zealand Aircraft Register. (2) In this Part, any term defined in the Cape Town Convention or the Aircraft Protocol and used in this Part has the same meaning as in the Cape Town Convention or the Aircraft Protocol. Compare: 1996 No 40 s 2 Section 104: added, on 1 November 2010, by section 12 of the Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 (2010 No 42). 105 Cape Town Convention and Aircraft Protocol to have force of law The provisions of the Cape Town Convention and the Aircraft Protocol, subject to any declaration that New Zealand has made under the Convention or the Protocol, have the force of law in New Zealand. Compare: 1994 No 60 s4; 1990 No 98 s 91C Section 105: added, on 1 November 2010, by section 12 of the Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 (2010 No 42). 106 Cape Town Convention and Aircraft Protocol to have effect in place of New Zealand law in certain circumstances The provisions of the Cape Town Convention and the Aircraft Protocol, subject to any declaration that New Zealand has made under the Convention or the Protocol, have effect in place of any other New Zealand law to the extent that the Convention or the Protocol applies to a matter to which the other law applies. Section 106: added, on 1 November 2010, by section 12 of the Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 (2010 No 42). 107 Governor-General may issue copies of declarations (1) If New Zealand makes a declaration under the Cape Town Convention or the Aircraft Protocol, the Governor-General may, by Order in Council, issue a copy of the declaration. (2) An Order in Council made under subsection (1) must state the date on which— (a) New Zealand made the relevant declaration; and (b) the declaration takes or took effect. (3) An Order in Council made, or a declaration issued, under subsection (1) is a legislative instrument, but not 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. Section 107: added, on 1 November 2010, by section 12 of the Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 (2010 No 42). Section 107(3): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119). 108 Certificates about Contracting States (1) The Secretary of Foreign Affairs and Trade, or a Deputy Secretary of Foreign Affairs and Trade, may sign a certificate that states whether, in respect of any specified day or period,— (a) a State is a Contracting State: (b) a declaration made under the Cape Town Convention or the Aircraft Protocol is effective in respect of a Contracting State and, if so, that specifies the contents of that declaration. |
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