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(3) Subject to section 28E, the notice comes into force when it is given to the
holder and remains in force for the period specified in the notice.
(4) The notice must state the facts and circumstances which, in the
Director’s opinion, give rise to the serious risk to civil aviation safety in
Australian territory.
(5) The Director must give a copy of the notice to the Director of CAA New
Zealand as soon as practicable after the Director of CASA gives the
notice to the holder.
(6) A failure to comply with subsection (4) or (5) does not invalidate the
notice.
(7) The Director may not delegate the power to give an Australian
temporary stop notice.
28E Revocation of an Australian temporary stop notice
(1) The Director may revoke an Australian temporary stop notice by notice
in writing to the holder of the relevant New Zealand AOC with ANZA
privileges.
(2) The Director must revoke an Australian temporary stop notice if, while
the notice is in force, CASA receives notice from the Director of CAA
Subdivision F
commences at
the same time
as provision(s)
covered by
section 26A
table item 2
(Act No.
102/2006).
40 Civil Aviation Act 1988
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
New Zealand of that Director’s decision in response to the Australian
temporary stop notice, whether or not the decision is to take action.
(3) The Director may not delegate the power to revoke an Australian
temporary stop notice.
28F CASA’s obligation on receiving copy of a New Zealand temporary
stop notice
(1) If the Director of CAA New Zealand gives CASA a copy of a New
Zealand temporary stop notice that relates to a particular Australian
AOC with ANZA privileges, CASA must consider the notice immediately
and decide, as soon as is practicable, what action (if any) to take under
this Act or the regulations in relation to the AOC or the holder of the
AOC.
(2) In deciding what action to take, CASA must comply with the ANZA
mutual recognition agreements.
(3) CASA must notify the Director of CAA New Zealand of its decision, and
if its decision is to take action, what that action is.
Note: CASA must consult the Director of CAA New Zealand if CASA proposes to take
action that would or might affect ANZA activities in New Zealand (see section 26C).
28G Disapplying regulations that would otherwise apply to the holder
of a New Zealand AOC with ANZA privileges
(1) The regulations may provide that specified regulations made under this
Act do not apply in relation to all or specified ANZA activities in
Australian territory authorised by a New Zealand AOC with ANZA
privileges.
(2) Without limiting subsection (1), regulations made for the purposes of that
subsection may provide that specified regulations made under this Act do
not apply in relation to an aircraft while it is being operated under a
New Zealand AOC with ANZA privileges.
Subdivision F
commences at
the same time as
provision(s)
covered by
section 26A
table item 2 (Act
No. 102/2006).
Civil Aviation Act 1988 41
Amended Civil Aviation Act — 5th Edition Legal Services Group
Replacement Page – Amdt No. 1 – September 2006 Civil Aviation Safety Authority
Division 3 — General offences in relation to aircraft
29 Offences in relation to aircraft
(1) The owner, operator, hirer (not being the Crown) or pilot of an aircraft
commits an offence if he or she:
(a) operates the aircraft or permits the aircraft to be operated; and
(b) the operation of the aircraft results in:
(i) the use by the aircraft of an aerodrome in contravention of a
condition specified under section 20; or
(ii) the aircraft being flown or operated in contravention of a
provision of this Part (other than subsection 20A(1) or 23 (1)),
or of a direction given or condition imposed, under such a
provision.
Penalty: Imprisonment for 2 years.
(2) Strict liability applies to subparagraphs (1) (b) (i) and (ii).
Note: For strict liability, see section 6.1 of the Criminal Code.
(3) The owner, operator, hirer (not being the Crown) or pilot of an aircraft
commits an offence if he or she:
(a) operates the aircraft or permits the aircraft to be operated; and
(b) the operation of the aircraft results in a contravention of subsection
20A(1).
Penalty: Imprisonment for 5 years.
(4) Strict liability applies to paragraph (3) (b).
Note: For strict liability, see section 6.1 of the Criminal Code.
　
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