時間：2015-01-01 10:26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. unless the lives of persons on board the aircraft or the safety of the aircraft would be endangered by complying with the direction. (5) In any prosecution for an offence against subsection (4), where it is proved by the prosecution that the defendant failed to comply with a direction that was given in respect of that aircraft by the appropriate aeronautical authority, in the absence of evidence to the contrary it shall be presumed that the defendant knew that the direction had been given. (6) The requirement in subsection (4) is without prejudice to any other requirement to comply with directions given by an aeronautical authority. (7) For the purposes of this section, appropriate aeronautical authority includes any person, whether a member of the military authorities or the civil authorities of the foreign country or territory, who is authorised under the law of the foreign country or territory to issue directions to aircraft flying over that country or territory. (8) Every person who commits an offence against subsection (2) or subsection (4) is liable on conviction,— (a) in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000; or (b) in the case of a body corporate, to a fine not exceeding $100,000. Section 53A: inserted, on 13 August 1996, by section 21 of the Civil Aviation Amendment Act 1996 (1996 No 91). Section 53A(1)(b): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51). Security offences 54 Security area and security enhanced area offences (1) Every person commits an offence who, on being found in a security area or security enhanced area,— (a) refuses to state his or her name, address, and authority to enter the security area or security enhanced area after— (i) having been informed that he or she is in a security area or security enhanced area; and (ii) having been requested by an aviation security officer to state those particulars; or (b) refuses forthwith to leave the security area or security enhanced area after having been ordered by an aviation security officer to do so. (2) Every person who commits an offence under subsection (1) in relation to a— (a) security area is liable on conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000: (b) security enhanced area is liable on conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $5,000. Compare: 1964 No 68 s 21E(3), (6); 1976 No 153 s 4 Section 54 heading: amended, on 18 January 2008, by section 7(1) of the Civil Aviation Amendment Act 2007 (2007 No 89). Section 54(1): amended, on 18 January 2008, by section 7(2) of the Civil Aviation Amendment Act 2007 (2007 No 89). Section 54(1)(a): amended, on 18 January 2008, by section 7(2) of the Civil Aviation Amendment Act 2007 (2007 No 89). Section 54(1)(a)(i): amended, on 18 January 2008, by section 7(2) of the Civil Aviation Amendment Act 2007 (2007 No 89). Section 54(1)(b): amended, on 18 January 2008, by section 7(2) of the Civil Aviation Amendment Act 2007 (2007 No 89). Section 54(2): substituted, on 18 January 2008, by section 7(3) of the Civil Aviation Amendment Act 2007 (2007 No 89). Section 54(2)(a): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). Section 54(2)(b): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). 55 Personation or obstruction of aviation security officer (1) Every person commits an offence who, not being an aviation security officer,— (a) by words, conduct, demeanor, or the assumption of the dress, name, designation, or description of an aviation security officer, holds himself or herself out as being an aviation security officer; or (b) wilfully obstructs, or incites or encourages any person to obstruct an aviation security officer in the execution of his or her duty. (2) Every person who commits an offence against subsection (1) is liable on conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000. Compare: 1964 No 68 s 21I; 1976 No 153 s 4 Section 55(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). 56 Communicating false information affecting safety (1) Every person commits an offence who by any means provides to another person information relating to the safety of an aircraft, aerodrome, aeronautical product, aviation related service, or any other facility or product used in or connected with aviation, or any person associated therewith, knowing the information to be false or in a manner reckless as to whether it is false. (2) Every person who commits an offence against subsection (1) is liable on conviction,— (a) in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000; or (b) in the case of a body corporate, to a fine not exceeding $100,000. (3) Where the commission of an offence against subsection (1) causes financial loss to any person and where the court imposes a fine under subsection (2) in respect of that offence, the court may order that such part of the fine as it thinks fit, but in any event not more than one-half of the fine, be awarded to that person. Section 56(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). Section 56(2)(b): amended, on 10 August 1992, by section 41 of the Civil Aviation Amendment Act 1992 (1992 No 75). 56A Security check offences (1) Every person commits an offence who, in relation to a security check of that person,— (a) provides information that the person knows is false or misleading in a material particular; or (b) fails to disclose, without reasonable excuse, information that the person knows to be materially relevant. (2) Every person who commits an offence under subsection (1) is liable on conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000. Section 56A: inserted, on 26 September 2007, by section 8 of the Civil Aviation Amendment Act 2007 (2007 No 89). Section 56A(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). Infringement offences 57 Infringement offences (1) In this Act infringement offence means an offence specified as such in regulations made under this Act or an offence against a provision specified in section 65Q(2). (2) Subject to section 65P, if any person is alleged to have committed an infringement offence that person may either— (a) be proceeded against by filing a charging document under section 14 of the Criminal Procedure Act 2011; or (b) be served with an infringement notice as provided in section 58. Section 57(1): amended, on 1 June 2004, by section 26(1) of the Civil Aviation Amendment Act 2004 (2004 No 8). Section 57(2): amended, on 1 June 2004, by section 26(2) of the Civil Aviation Amendment Act 2004 (2004 No 8). Section 57(2)(a): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). 58 Infringement notices (1) Where the Director or any person duly authorised by the Director observes a person committing an infringement offence or has reasonable cause to believe such an offence is being or has been committed by that person, an infringement notice in respect of that offence may be issued to that person by the Director or the authorised person. (2) An infringement notice may be served— (a) by delivering it personally to the person who appears to have committed the infringement offence; or (b) by sending it by post addressed to him or her at his or her last known place of residence or business; or |
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