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
|
To view this page ensure that Adobe Flash Player version 9.0.124 or greater is installed. Subdivision B—Protection from administrative action 30DO Protection for reporting a reportable contravention (1) In exercising a power under this Act or the regulations to vary, suspend or cancel a civil aviation authorisation, CASA may disregard a reportable contravention if, having regard to the circumstances in which the contravention occurred, the holder of the authorisation proves to CASA, in accordance with section 30DP, that the holder reported the contravention to the prescribed person: (a) within 10 days after the contravention; and (b)before the holder was given the show cause notice for the proposed decision. (2) If: (a) the holder of a civil aviation authorisation is given an infringement notice under the regulations; and (b) the holder proves to CASA, in accordance with section 30DP, that the holder reported the contravention to the prescribed person: (i) within 10 days after the contravention; and (ii)before the holder was given the infringement notice; then: (c) the holder is not required to pay the penalty specified in the infringement notice; and (d) the notice is taken to be withdrawn. 30DP Proof of report It is proof in accordance with this section if: (a)before CASA varies, suspends or cancels the authorisation; or (b)before the due date for payment of the penalty specified in the infringement notice; the holder produces a receipt from the prescribed person that identifies: (c) the holder; and (d) the date the report was made to the person; and (e) the date and nature of the contravention. Section 30DQ 30DQ Only protected once every 5 years Section 30DO does not apply to a reportable contravention by the holder of a civil aviation authorisation if, in the 5 years ending on the date of the contravention: (a)CASA disregarded another reportable contravention by the same holder; or (b)an infringement notice given to the same holder for another reportable contravention was taken under that section to be withdrawn. 30DR Use of information (1)None of the following is admissible in evidence in any criminal proceedings against the holder of a civil aviation authorisation: (a) a report of a reportable contravention made by the holder to the prescribed person; (b) a receipt given to CASA in accordance with section 30DP by the holder; (c)any other evidence of the fact that a report of a reportable contravention was made by the holder to the prescribed person. (2)Subsection (1) only applies if the contravention is still a reportable contravention at the time when the criminal proceedings commence. Section 30DS Division 3D—Demerit points scheme Subdivision A—Preliminary 30DS Definitions In this Division: demerit cancellation notice means a notice under section 30EC. demerit suspension notice means a notice under section 30DY or 30DZ. prescribed offence means an offence prescribed under section 30DT. register means the register kept under section 30EG. 30DT Regulations may prescribe offences that the demerit points scheme applies to The regulations may prescribe: (a)offences to which this Division applies; and (b) the number of points that are incurred in relation to an offence. 30DU Classes of civil aviation authorisations The regulations must prescribe classes to which particular civil aviation authorisations belong, having regard to the activities covered by the civil aviation authorisations. 30DV Other regulations If: (a) a civil aviation authorisation is cancelled; and (b)if the authorisation had not been cancelled, a subsequent suspension or cancellation under this Division would have had effect in relation to the authorisation; and (c) the cancellation mentioned in paragraph (a) is later set aside by the Administrative Appeals Tribunal; the regulations may provide that the subsequent suspension or cancellation under this Division has effect in accordance with the regulations. Subdivision B—Incurring demerit points 30DW When demerit points are incurred The holder of a civil aviation authorisation incurs demerit points for a prescribed offence if: (a) the holder is given an infringement notice under the regulations in relation to the offence and pays (in whole or in part) the penalty specified in the notice; or (b) the holder is convicted or found guilty of the offence. 30DX Demerit points are incurred in relation to a class of authorisations (1)If the holder of a civil aviation authorisation incurs demerit points, the demerit points are incurred in relation to the class of authorisations to which the offence relates. (2)A person incurs demerit points if: (a) the person does not hold a civil aviation authorisation; and (b) the person commits an offence prescribed by the regulations under paragraph 30DT(a). (3)If the person incurs demerit points, the demerit points are incurred in relation to an authorisation that is: (a) within the class of authorisations to which the offence relates; and (b)held in the 3 year period beginning on the day on which the demerit points would have been incurred had an authorisation been held at the time the offence was committed. Section 30DY Subdivision C—Consequences of incurring demerit points 30DY First-time demerit suspension notice (1) CASA must give the holder of a civil aviation authorisation a demerit suspension notice under this section if: (a) the holder incurs demerit points for a prescribed offence; and (b) taken together with demerit points incurred by the holder for offences committed by the holder in the 3 years ending on the day the offence was committed, the holder has incurred at least 12 demerit points in relation to the same class of authorisations; and (c) the holder has not previously been given a demerit suspension notice in relation to that class of authorisations. |
