時間：2014-12-28 14:05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. (a)CASA is satisfied that a serious and imminent risk to air safety would exist if the civil aviation authorisation were not varied, suspended or cancelled; and (b) the grounds for CASA’s belief are related to the circumstances that gave rise to CASA’s decision to suspend the authorisation under section 30DC. Section 30DJ (2) CASA may vary, suspend or cancel the authorisation, by written notice given to the holder of the authorisation within 5 business days after the end of the period specified in the show cause notice. Note: The suspension under section 30DC continues in force beyond the end of the period specified in the show cause notice and may continue until the end of the 5 days that CASA has to decide whether to vary, suspend or cancel the authorisation—see section 30DJ. 30DJ When a suspension under section 30DC ends If CASA suspends a civil aviation authorisation under section 30DC and applies to the Federal Court for an order under section 30DE, the suspension continues in force until the time worked out under the table (unless earlier revoked). When a section 30DC suspension ends Item If... suspension ends at... 1 CASA’s application for an order is the time of withdrawn or refused withdrawal or refusal. 2 in the 5 business days after the last the end of the fifth day on which the order was in force, business day after the CASA does not give the holder a order ceased to be in show cause notice under force. section 30DH in relation to the authorisation 3 CASA varies, suspends or cancels the the time the holder is authorisation under section 30DI notified of the variation, suspension or cancellation. 4 CASA gave the holder a show cause the end of the fifth notice under section 30DH in relation business day after the to the authorisation, but, in the 5 last day of the period business days after the last day of the specified in the show period specified in the notice, CASA cause notice. does not vary, suspend or cancel the authorisation Division 3B—Enforceable voluntary undertakings 30DK Enforceable voluntary undertakings (1)CASA may accept a written undertaking given by the holder of a civil aviation authorisation in connection with a matter: (a) arising under this Act or the regulations; and (b)in relation to which CASA has a function or power under this Act or the regulations. (2)The period for which the undertaking applies must not exceed 12 months. However, CASA may accept a further undertaking from the holder. (3)The undertaking must not require, or have the effect of requiring, the holder to pay money to CASA. (4)CASA must publish details of the undertaking on the internet. (5)The holder may withdraw or vary the undertaking at any time, but only with the consent of CASA. (6)If CASA considers that the holder has breached any of the terms of the undertaking, CASA may apply to the Federal Court for an order under subsection (7). (7)If the Federal Court is satisfied that the holder has breached a term of the undertaking, the Court may make all or any of the following orders: (a) an order directing the holder to comply with that term of the undertaking; (b) an order directing the holder to pay to the Commonwealth an amount up to the amount of any financial benefit that the holder has obtained directly or indirectly and that is reasonably attributable to the breach of the undertaking; (c)any other order that the Court considers appropriate. Section 30DL Division 3C—Protection from administrative action for voluntary reporting Subdivision A—Preliminary 30DL Definitions In this Division: accident means an occurrence that is associated with the operation or maintenance of an aircraft and that results in: (a) the death of, or serious injury to, a person; or (b) the destruction of, or serious damage to, an aircraft or other property (whether or not property on the aircraft). prescribed person means the person prescribed under section 30DM. reportable contravention means a contravention of the regulations, other than the following: (a) a contravention that is deliberate; (b) a contravention that is fraudulent; (c) a contravention that causes or contributes to an accident or to a serious incident (whether before or after the contravention is reported); (d) a contravention of a regulation that is prescribed for the purposes of this paragraph. serious incident means an occurrence that is associated with the operation or maintenance of an aircraft where either or both of the following applies: (a) the occurrence gives rise to a danger of death or serious harm to a person; (b) the occurrence gives rise to a danger of serious damage to an aircraft or other property (whether or not property on the aircraft). Section 30DM 30DM Prescribed person (1)The regulations may prescribe a person for the purposes of this Division. (2)Without limitation, the person prescribed under subsection (1) may be: (a) a statutory corporation; or (b)any person from time to time holding, occupying or performing the duties of, a specified position or office (including a statutory office). (3)The prescribed person has the powers and functions conferred on the person by the regulations. 30DN Voluntary reporting scheme (1)The regulations may establish a scheme for the voluntary reporting of reportable contraventions to the prescribed person. (2)The regulations may prescribe: (a) the purposes of the scheme; and (b) the manner in which reports are to be made; and (c) the use by the prescribed person of information contained in reports; and (d)any other matters necessary or incidental to the establishment or operation of a scheme in accordance with subsection (1). (3)The regulations must not permit the prescribed person to disclose information about a reportable contravention that is personal information within the meaning of the Privacy Act 1988 (except where the person who reported the contravention consents to the disclosure). |
