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澳大利亞民航法 Australian Civil Aviation Act 1988

時(shí)間：2014-12-28 14:05來源：藍(lán)天飛行翻譯公司 作者：民航翻譯 點(diǎn)擊：次

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(4)In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, had provided any appropriate warning or guidance on the operation of the equipment.
(5)For the purpose of subsection (1):
damage, in relation to data, includes damages by erasure of data or addition of other data.
32AHL Copies of seized things to be provided
(1) If the investigator executing the warrant or a person assisting him or her seizes:
Section 32AHM
(a)a document, film, computer file or other thing that can be readily copied; or
(b)a device storing information that can be readily copied; the investigator or the person assisting him or her must, if requested to do so by the occupier of the premises or another person who apparently represents the occupier and who is present when the warrant is executed, give a copy of the thing or the information to that person as soon as practicable after the seizure.
(2) However, subsection (1) does not apply if:
(a) the thing that has been seized was seized under subsection 32AHG(2) or paragraph 32AHG(5)(a); or
(b)possession of the document, film, computer file, thing or information by the occupier could constitute an offence.
32AHM Receipts of things seized under warrant
(1)If a thing is seized, as allowed by section 32AH, the investigator executing the warrant or person assisting him or her must provide a receipt for the thing.
(2)If 2 or more things are seized, they may be covered by the one receipt.
32AHN Retention of seized things
(1) Subject to any contrary order of a court, if an investigator seizes a thing, as allowed by section 32AH, an investigator must return it if:
(a) the reason for its seizure no longer exists or it is decided that it is not to be used in evidence; or
(b) the period of 60 days after its seizure ends;
whichever first occurs, unless the thing is forfeited or forfeitable to the Commonwealth.
(2) At the end of the 60 days specified in subsection (1), an investigator must take reasonable steps to return the thing to the person from whom it was seized, unless:
(a) proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or
(b)an investigator may retain the thing because of an order under section 32AHO; or
(c)an investigator is otherwise authorised (by a law, or an order of a court, of the Commonwealth) to retain, destroy or dispose of the thing.
(3) The thing may be returned under subsection (2) either unconditionally or on such terms and conditions as CASA sees fit.
32AHO Magistrate may permit a thing to be retained
(1)A magistrate may, on application made by an investigator, make an order under this section in respect of a thing seized, as allowed by a warrant or section 32AH, if proceedings in respect of which the thing may afford evidence have not commenced, or there is a reasonable likelihood that such proceedings will not commence, by the later of the following times:
(a) the end of 60 days after the seizure;
(b)if a previous order has been made under this section in respect of the thing—the end of the period specified in the previous order.
(2)Before making the application, the investigator must:
(a) take reasonable steps to discover who has an interest in the retention of the thing; and
(b)if it is practicable to do so, notify each such person of the proposed application.
(3)If the magistrate is satisfied that it is necessary for the investigator to continue to retain the thing:
(a)for the purposes of an investigation as to whether a civil aviation offence has been committed; or
(b) to enable evidence of a civil aviation offence to be secured for the purposes of a prosecution; the magistrate may order that the investigator may retain the thing for a period (not exceeding 90 days) specified in the order.
Section 32AJ
(4) Paragraph 32AH(1)(c) continues to apply to the thing throughout the specified period.
32AJ Power to require persons to answer questions and produce documents
(1)An investigator who is on or in premises that he or she has entered under a warrant under this Part may require anyone on or in the premises to:
(a)answer any questions put by the investigator; and
(b)produce any books, records or documents requested by the investigator.
(2)A person must not fail to comply with a requirement under subsection (1).
Penalty: 30 penalty units.
(2A) Subsection (2) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13
(3) of the Criminal Code).
(3) It is not a reasonable excuse for a person to refuse or fail to answer a question or produce a book, record or document on the ground that to do so would tend to incriminate the person, but the answer to any question, or any book, record or document produced, or any information or thing obtained as a direct or indirect consequence of answering the question or producing the book, record or document is not admissible in evidence against the person in any criminal proceedings, other than proceedings for an offence against subsection (2).
32AK Powers in relation to aircraft etc.
(1) An investigator may, for the purpose of performing the functions or exercising the powers of an investigator under this Part in relation to an aircraft, vessel or vehicle, require the person apparently in control of the aircraft, vessel or vehicle to do either or both of the following:
Section 32AL
(a) to stop and detain the aircraft, vehicle or vessel for such reasonable period as the investigator specifies;
(b) to take all reasonable steps to ensure that the aircraft, vehicle or vessel, or a specified part of it, is left undisturbed for such reasonable period as the investigator specifies.

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