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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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(1A) If a person incurs demerit points before becoming a holder of a civil aviation authorisation, then, for the purpose of paragraph (1)(b), those points are taken to have been incurred by the holder for offences committed by the holder.
(2)The effect of giving the notice is that:
(a) from the start date specified in the notice, all of the holder’s civil aviation authorisations of that class are suspended for the suspension period; and
(b) the holder is not entitled to be granted a civil aviation authorisation of that class, from the date of the notice until the end of the last day on which a civil aviation authorisation of that class is suspended as a result of the notice.
(3)The suspension period for an authorisation is:
(a)if the total of the demerit points counted under paragraphs (1)(a) and (b) is 12, 13, 14 or 15—90 days; or
(b)if the total of the demerit points counted under paragraphs (1)(a) and (b) is 16, 17, 18 or 19—120 days; or
(c) otherwise—150 days.
Note: The suspension period for a particular authorisation may be affected by section 30EB.
Section 30DZ
30DZ Second-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 6 demerit points in relation to the same class of authorisations; and
(c) the holder has, once previously, been given a demerit suspension notice in relation to that class of authorisations.
(1A) If a person incurs demerit points before becoming a holder of a civil aviation authorisation, then, for the purpose of paragraph (1)(b), those points are taken to have been incurred by the holder for offences committed by the holder.
(2)The effect of giving the notice is that:
(a)from the start date specified in the notice, all of the holder’s civil aviation authorisations of that class are suspended for the suspension period; and
(b) the holder is not entitled to be granted a civil aviation authorisation of that class, from the date of the notice until the end of the last day on which a civil aviation authorisation of that class is suspended as a result of the notice.
(3)The suspension period for an authorisation is:
(a)if the total of the demerit points counted under paragraphs (1)(a) and (b) is 6, 7, 8 or 9—90 days; or
(b)if the total of the demerit points counted under paragraphs (1)(a) and (b) is 10, 11, 12 or 13—120 days; or
(c) otherwise—150 days.
Note: The suspension period for a particular authorisation may be affected by section 30EB.
30EA Details in a demerit suspension notice
A demerit suspension notice must state the following:
Section 30EB
(a) the date of the notice;
(b) the start date, being the date that the suspension period begins (which must not be earlier than the 28th day after the date of the notice);
(c) the suspension period;
(d) the class of authorisations covered by the notice;
(e)any other information required by the regulations.
30EB Suspension period not to be served concurrently
A day is not counted for the purposes of a suspension period that applies to a holder’s civil aviation authorisation under this Division if:
(a) on that day, a suspension of the authorisation has effect under another provision of this Act or the regulations; or
(b) the day is a day prescribed by the regulations for the purposes of this section.
Example: At the time that a 90 day suspension under section 30DY comes into force, another suspension of one of the affected civil aviation authorisations has been stayed under section 31A. 20 days into the section 30DY suspension, the Administrative Appeals Tribunal reviews the other suspension and upholds it. The other suspension runs for 30 days. Those 30 days do not count for the purposes of the section 30DY suspension of the relevant authorisation. The section 30DY suspension of that authorisation has 70 days to run after the end of the other suspension.
30EC Demerit cancellation notice
(1) CASA must give the holder of a civil aviation authorisation a demerit cancellation notice 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 6 demerit points in relation to the same class of authorisations; and
(c) the holder has, twice previously, been given a demerit suspension notice in relation to that class of authorisations.
Section 30ED
(1A) If a person incurs demerit points before becoming a holder of a civil aviation authorisation, then, for the purpose of paragraph (1)(b), those points are taken to have been incurred by the holder for offences committed by the holder.
(2) The effect of giving the notice is that:
(a)from the start date specified in the notice, all of the holder’s civil aviation authorisations of that class are cancelled; and
(b) the holder is not entitled to be granted a civil aviation authorisation of that class for 3 years from the date of the notice.
30ED Details in a demerit cancellation notice
A demerit cancellation notice must state the following:
(a) the date of the notice;
(b) the start date, being the date that the cancellation begins (which must not be earlier than the 28th day after the date of the notice);
(c) the period of disqualification mentioned in paragraph 30EC(2)(b);
(d) the class of authorisations covered by the notice;
(e)any other information required by the regulations.

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