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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30EE Expiry of demerit points
(1) If the holder of a civil aviation authorisation is given a demerit suspension notice or a demerit cancellation notice, all demerit points incurred by the holder that counted under subsection 30DY(1), 30DZ(1) or 30EC(1) towards that suspension or cancellation are disregarded for the purposes of subsequent calculations of demerit points under those subsections.
Note: Demerit points incurred after the date of the notice but before the suspension or cancellation begins are not disregarded.
(2) If a person incurs demerit points before becoming a holder of a civil aviation authorisation, then, for the purpose of subsection (1), those points are taken to have been incurred by the holder.
Section 30EF
Subdivision D—Reinstatement of civil aviation authorisation in special circumstances
30EF CASA may reinstate if satisfied that holder’s livelihood depends on authorisation
(1)A holder of a civil aviation authorisation who has been given a demerit suspension notice or demerit cancellation notice may apply to CASA to have the authorisation reinstated.
(2)Subsection (1) applies despite paragraphs 30DY(2)(b), 30DZ(2)(b) and 30EC(2)(b).
(3)If, and only if, CASA is satisfied that the suspension or cancellation would cause the holder severe financial hardship because, without the authorisation, the holder would not be able to earn the holder’s principal or only income, CASA may:
(a)reinstate the authorisation; and
(b)impose on the authorisation such conditions as CASA considers appropriate in the circumstances.
Subdivision E—Administration of the demerit points scheme
30EG CASA must maintain a demerit points register
(1)CASA must maintain a register that records details necessary for, or directly relevant to, the administration of this Division.
(2)CASA must, if it becomes aware of it, correct any mistake, error or omission in the register.
(3)The regulations may provide for other matters in relation to the keeping of the register.
30EH CASA may maintain other records
For the purposes of administering this Division, CASA may, in addition to the register, keep records of information obtained and actions taken under this Division.
Section 30EI
30EI Demerit points incurred to be included in register
(1)If the holder of a civil aviation authorisation incurs demerit points in relation to a prescribed offence, CASA must record in the register:
(a) the number of demerit points prescribed by the regulations in relation to the offence; and
(b) the date the offence was committed; and
(c) the class of authorisations in relation to which the demerit points are incurred.
(2)If a person incurs demerit points before becoming a holder of a civil aviation authorisation, then, for the purpose of subsection (1), those points are taken to have been incurred by the holder.
30EJ Expired points to be removed from register
CASA must remove from the register demerit points that can no longer be taken into account under subsection 30DY(1), 30DZ(1) or 30EC(1).
Section 31
Division 4—Miscellaneous
31 Review of decisions
(1) In this section:
decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.
reviewable decision means:
(a) a refusal to grant or issue, or a cancellation, suspension or variation of, a certificate, permission, permit or licence granted or issued under this Act or the regulations; or
(b) the imposition or variation of a condition, or the cancellation, suspension or variation of an authorisation, contained in such a certificate, permission, permit or licence; or
(c)a decision under subsection 30EF(3) (about reinstating a civil aviation authorisation that has been suspended or cancelled under Division 3D);
but does not include:
(d) a suspension of a civil aviation authorisation under section 30DC (suspension for contravening the serious and imminent risk prohibition); or
(e) a suspension or cancellation of a civil aviation authorisation under Division 3D (the demerit points scheme).
(2)Application may be made to the Administrative Appeals Tribunal for review of a reviewable decision.
(3)Where the person making a reviewable decision gives to the person whose interests are affected by the decision notice in writing of the decision, the notice shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal, by or on behalf of any person whose interests are affected by the decision, for review of the decision.
(4)A failure to comply with subsection (3) in relation to a decision does not affect the validity of the decision.
Section 31A
31A Automatic stay of certain reviewable decisions
(1)This section applies to a decision under this Act or the regulations that is reviewable by the Administrative Appeals Tribunal if, before making the decision, CASA was required by this Act or the regulations to give a show cause notice to the holder of the civil aviation authorisation concerned.
(2)This section does not apply to a decision under section 30DI or a decision under the regulations to cancel a licence, certificate or authority on the ground that the holder of that licence, certificate or authority has contravened a provision of this Act or the regulations (including the regulations as in force by virtue of a law of a State).
(3)If this section applies to a decision, the operation of the decision is stayed by force of this section.
(4)The stay ceases to have effect at the end of the fifth business day after the day CASA notified the holder of the decision, unless, before the end of that fifth business day, the holder applies to the Tribunal for an order under subsection 41(2) of the Administrative Appeals Tribunal Act 1975.
(5)If the holder applies to the Tribunal as mentioned in subsection (4), the stay continues to have effect until the Tribunal makes an order under subsection 41(2) of the Administrative Appeals Tribunal Act 1975 or decides that no order should be made.

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