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新西蘭民航法 New Zealand Civil Aviation Act 1990

時(shí)間：2015-01-01 10:26來(lái)源：藍(lán)天飛行翻譯公司 作者：民航翻譯 點(diǎn)擊：次

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(4) A person detained under subsection (3) must be delivered to a constable as soon as practicable.
(5) An aviation security officer, or any person assisting an aviation security officer, may use reasonable force, or any assistance that is reasonably necessary in the circumstances, to—
(a) prevent a person from entering a security enhanced area under subsection (2)(a):
(b) remove a person from a security enhanced area under subsection (2)(b):
(c) detain a person under subsection (3).
Compare: 2004 No 16 s 54
Section 80E: inserted, on 18 January2008, by section 14(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).
Section 80E(4): amended, on 1 October 2008, pursuant to section 1 16(a)(ii) of the Policing Act 2008 (2008 No 72).
80F Searches of persons refusing consent to be searched
(1) If a person refuses to consent to the screening or searching under section 80C(1), a constable may, without a warrant, search the person and any item, substance, or vehicle in the person’s possession, and may detain the person for the purposes of the search, and may take possession of any item or substance found in the course of the search that is specified in section 11(1) of the Aviation Crimes Act 1972, if the constable has reasonable grounds to suspect that—
(a) 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; and
(b) a search of the person refusing to consent, or any item,
substance, or vehicle in the person’s possession, 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.
(2) The refusal of a person to consent to the searching of his or her person, or any item, substance, or vehicle in the person’s possession, does not of itself constitute reasonable grounds for suspecting that an offence against the Aviation Crimes Act 1972 has been, is being, or is likely to be, committed.
(3) A constable exercising the power of search under subsection (1) must, before the search is conducted, and on any subsequent request,—
(a) provide evidence of his or her identity to the person to be searched; and
(b) inform the person to be searched that the search is authorised under this section; and
(c) if not in uniform, provide evidence, if asked, that he or she is a constable to the person to be searched.
(4) If a constable exercises the power of search under subsection (1), he or she must, within 3 days after the day on which he or she exercises the power, furnish to the Commissioner of
Police a written report on the exercise of the power and the circumstances in which it came to be exercised.
Compare: 2004 No 16 s 55
Section 80F: inserted, on 18 January 2008, by section 14(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).
Section 80F(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 80F(3): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 80F(3)(c): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 80F(4): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
80G Searches of persons
(1) With respect to a search made under section 80C(1),—
(a) a person must, if directed to do so by an aviation security officer,—
(i) remove, raise, lower, or open any outer clothing, including (but not limited to) any coat, jacket, jumper, cardigan, or similar article that the person is wearing to enable the search to be carried out, except where the person has no other clothing, or only underclothing, under the outer clothing:
(ii) remove any gloves, footwear (including socks or stockings), head coverings, belts, jewellery, or other accessories:
(iii) allow an aviation security officer to carry out a pat down search:
(b) a female may only be searched by a female unless the search is made by means of a mechanical or electrical or electronic or other similar device.
(2) For the purposes of this section, pat down search—
(a) means a search of a clothed person in which the person conducting the search may do all or any of the following:
(i) run or pat his or her hand over the body of the person being searched, whether outside or inside the clothing (other than any underclothing) of that person:
(ii) insert his or her hand inside any pocket or pouch in the clothing (other than any underclothing) of the person being searched:
(iii) for the purpose of permitting a visual inspection, require the person being searched to do all or any of the following, namely:
(A) open his or her mouth:
(B) display the palms of his or her hands:
(C) display the soles of his or her feet:
(D) lift or rub his or her hair; and (b) includes the authority to search—
(i) any item or substance carried by, or in the possession of, the person; and
(ii) any outer clothing removed, raised, lowered, or opened for the purposes of the search; and
(iii) any head covering, gloves, or footwear (including socks or stockings) removed for the purposes of the search.
Section 80G: inserted, on 18 January 2008, by section 14(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).
80H Power to require drivers to stop vehicles in security enhanced areas for screening or searching
(1) An aviation security officer who is in uniform, or wearing a distinctive cap, hat, or helmet, with a badge of authority affixed to it, may signal or request the driver of a vehicle in a security enhanced area to stop the vehicle as soon as is practicable for the purpose of screening or searching the vehicle, and any item, substance, or person in the vehicle.
(2) The driver of a vehicle that is stopped by an aviation security officer must remain stopped for as long as is reasonably necessary for the aviation security officer to screen or search the vehicle, and any item, substance, or person in the vehicle.
(3) Every person commits an offence and is liable on conviction to a fine not exceeding $1,000, who, without lawful authority or reasonable excuse, fails to—
(a) stop a vehicle in a security enhanced area as soon as is practicable when required to do so by an aviation security officer; or
(b) remain stopped for as long as is reasonably necessary for the aviation security officer to screen or search the vehicle, and any item, substance, or person in the vehicle.
(4) In proceedings for an offence against subsection (3),—
(a) the prosecutor need not assert absence of lawful authority or reasonable excuse in the charging document; and
(b) the burden of proving that the defendant had lawful authority or a reasonable excuse lies on the defendant.
Compare: 1998 No 110 s 114
Section 80H: inserted, on 18 January 2008, by section 14(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).
Section 80H(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 80H(4): inserted, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
80I Protection of aviation security officers
Nothing done by an aviation security officer under sections 80B(3) to (7) and 80C(3) to (6) may subject the aviation security officer to personal liability if done in—
(a) good faith; and
(b) the exercise of powers or the performance of duties under this Act.
Compare: 1949 No 19 s 13
Section 80I: inserted, on 18 January 2008, by section 14(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).

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