時間：2015-01-01 10:26來源：藍天飛行翻譯公司 作者：民航翻譯 點擊：次
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To view this page ensure that Adobe Flash Player version 9.0.124 or greater is installed. (2) Every person commits an offence who— (a) causes or permits any aircraft, aeronautical product, or aviation related service to be operated, maintained, or serviced; or (b) causes or permits any other act to be done 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. (3) Every person who commits an offence against subsection (1) or subsection (2) 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. (4) The provisions of this section shall be in addition to and not in derogation of any regulations or rules made under this Act. Section 44(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). Section 44(3)(b): amended, on 10 August 1992, by section 41 of the Civil Aviation Amendment Act 1992 (1992 No 75). 44A Failure to comply with inspection or monitoring request (1) Every person commits an offence who, without reasonable excuse, fails to comply with any requirement of the Director under subsection (1) or subsection (3) of section 15. (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 $10,000 and, if the offence is a continuing one, to a further fine not exceeding $2,000 for every day or part of a day during which the offence is continued; or (b) in the case of a body corporate, to a fine not exceeding $100,000 and, if the offence is a continuing one, to a further fine not exceeding $20,000 for every day or part of a day during which the offence is continued. Section 44A: inserted, on 10 August 1992, by section 23 of the Civil Aviation Amendment Act 1992 (1992 No 75). Section 44A heading: amended, on 1 June 2002, by section 11 of the Civil Aviation Amendment Act 2002 (2002 No 15). Section 44A(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). 45 Court may disqualify holder of aviation document or impose conditions on holding of document (1) In addition to any penalty the court may impose under section 43 or section 43A or section 44 or section 44A, the court may, on convicting any person of an offence against either of those sections,— (a) disqualify the person convicted from holding or obtaining an aviation document or a particular aviation document; or (b) impose on any aviation document held by or issued to the person convicted such restrictions or conditions or both as the court, having regard to the circumstances of the offence, thinks fit— for such period not exceeding 12 months as the court thinks fit. (2) Nothing in subsection (1) shall affect or prevent the exercise by the Director of his or her powers under section 9. Section 45(1): amended, on 13 August 1996, by section 18 of the Civil Aviation Amendment Act 1996 (1996 No 91). Section 45(1): amended, on 10 August 1992, by section 24 of the Civil Aviation Amendment Act 1992 (1992 No 75). Section 45(2): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75). 46 Acting without necessary aviation document (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, either without holding the appropriate current aviation document or knowing that a current aviation document is required to be held in respect of that aircraft, product, or service before that act may lawfully be done and knowing that the appropriate aviation document is not held. (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. Section 46(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). Section 46(2)(b): amended, on 10 August 1992, by section 41 of the Civil Aviation Amendment Act 1992 (1992 No 75). 46A Acting without required medical certificate (1) Every person who exercises the privileges of any aviation document or operates an aircraft solo commits an offence if that person— (a) does not hold an appropriate current medical certificate issued under Part 2A or a medical certificate recognised by the Director under the rules; or (b) knows or has reasonable grounds to suspect that he or she can no longer exercise safely the privileges to which his or her medical certificate relates; or (c) fails to comply with any conditions, restrictions, or endorsements specified by the Director under section 27B(4). (2) Every person who commits an offence under subsection (1) is liable on conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding $10,000. Section 46A: inserted, on 1 April2002, by section 9 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87). Section 46A(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). 46B Fraudulent, misleading, or intentionally false statements to obtain medical certificate (1) Every person commits an offence who makes or causes to be made— (a) any fraudulent, misleading, or intentionally false statement for the purpose of obtaining a medical certificate under Part 2A; or (b) any fraudulent, misleading, or intentionally false entry in any logbook, record, form, or report that is required to be kept, made, or used to show compliance with any conditions, restrictions, or endorsements placed on any medical certificate under Part 2A; or (c) any reproduction or alteration for fraudulent purposes of any medical certificate issued under Part 2A; or (d) any fraudulent, misleading, or intentionally false statement during an investigation under section 27H or a review under section 27L or an assessment under section 27M. (2) Every person who commits an offence under subsection (1) is liable on conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding $10,000. Section 46B: inserted, on 1 April2002, by section 9 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87). Section 46B(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). 46C Failure to disclose information required by Director (1) Every person commits an offence who fails to disclose, without reasonable excuse, information required by the Director under section 27C(1) or section 27H. (2) Every person who commits an offence under subsection (1) is liable on conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding $5,000. Section 46C: inserted, on 1 April2002, by section 9 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87). Section 46C(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). 46D Failure to provide information to Director relating to Australian AOCs with ANZA privileges (1) Every person commits an offence who conducts an air operation in New Zealand while in breach of section 1 1B( 1) or (2). (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 $5,000; or (b) in the case of a body corporate, to a fine not exceeding $25,000. |
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