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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(b) subsection (1) of this section were in the place of section 21(3); and (c) the reference in section 21(3A) to the particulars of a reminder notice not having been provided under section 21(3) were a reference to the particulars of the infringement notice not having been provided under subsection (1) of this section; and (d) every reference in section 21(4), (4A), and (4B) to particulars of a reminder notice were a reference to the particulars of an infringement notice and every reference to the contents of a reminder notice were a reference to the contents of an infringement notice; and (e) the reference in section 2 1(4)(a) to parts of the reminder notice were a reference to parts of the infringement notice; and (f) the reference in section 21 (4C) to particulars of a reminder notice were a reference to particulars of an infringement notice; and (g) the reference in section 21 (4C) to the reminder notice were a reference to the infringement notice; and (h) the reference in section 2 1(5) to the verification of particulars of a reminder notice provided under section 21(3) were a reference to the verification of particulars of an infringement notice provided under subsection (1) of this section; and (i) the reference in section 21(6)(b) and in section 21(10)(a) to a period of 28 days after the service of a reminder notice were a reference to the period of 14 days after the service of the infringement notice; and (j) each reference in section 2 1A and section 78B to a reminder notice were a reference to an infringement notice and each reference in section 2 1A and section 78B to the reminder notice were a reference to the infringement notice; and (k) the references to reminder notices in the definition of defendant in section 2, and in section 212, and in any other relevant provisions of that Act or in any regulations made under that Act, were references to the infringement notice. (3) [Repealed] (4) Despite section 203(1) of the Summary Proceedings Act 1957, an infringement notice under section 65P may be issued and served on a Sunday. (5) For the purpose of subsection (1), an infringement notice sent by post is deemed to have been served on the defendant when it was posted. Section 65S: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8). Section 65 S(1): substituted, on 1 March 2007, by section 32(2) of the Summary Proceedings Amendment Act 2006 (2006 No 13). Section 65 S(2): substituted, on 1 March 2007, by section 32(2) of the Summary Proceedings Amendment Act 2006 (2006 No 13). Section 65S(3): repealed, on 1 March 2007, by section 32(2) of the Summary Proceedings Amendment Act 2006 (2006 No 13). 65T Savings (1) Nothing in this Part applies to any— (a) proceedings commenced before the commencement of this Act; or (b) cause of action that arose before the commencement of this Act; or (c) act or omission that occurred before the commencement of this Act. (2) All proceedings commenced under any other enactment for an offence committed before the commencement of this Part may be continued and completed under that other enactment as if this Part had not come into force. Section 65T: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8). Part 6 Rights of appeal 66 Appeal to District Court (1) A person may appeal to a District Court against a specified decision made under this Act by the Director if another section of this Act gives that person a right of appeal under this section, and— (a) the person— (i) is a person in respect of whom the decision was made; and (ii) is dissatisfied with the decision; or (b) the person is the owner, operator, or person for the time being in charge of the aircraft or aeronautical product that is the subject of the decision. (2) The court may confirm, reverse, or modify the decision appealed against. (3) Every decision of the Director appealed against under this section continues in force pending the determination of the appeal, and no person is excused from complying with any of the provisions of this Act on the ground that any appeal is pending. (4) Even though an appeal under this section may have been determined in favour of the appellant, the Director may, subject to the like right of appeal, refuse to grant, revoke, suspend, disqualify, or otherwise deal with, in accordance with the provisions of this Act, any aviation document, any person to which or to whom the appeal related, or any aviation document or approval granted or restored in compliance with the decision of the District Court on the appeal, on any sufficient grounds supported by facts or evidence discovered since the hearing of the appeal. (5) In this section, a specified decision is a decision— (a) concerning the grant, issue, revocation, or suspension of an aviation document: (b) to impose conditions on an aviation document: (c) to exercise powers under section 21: (d) to decline to register an aircraft under section 6. (e) concerning the issue of a medical certificate under section 27B (other than a decision under subsection (5)(b) of that section): (f) to impose or amend conditions, restrictions, or endorsements on a medical certificate under section 27I(7)(a): (g) to disqualify a licence holder under section 27I(7)(c): (h) to revoke a medical certificate under section 27I(7)(d) and (11): (i) concerning the implementation of the results of a report by the convener under section 27L or section 27M: (j) to amend an AOC with ANZA privileges or withdraw those privileges under section 11I(3). Section 66: substituted, on 1 June 2002, by section 14 of the Civil Aviation Amendment Act 2002 (2002 No 15). Section 66(5)(e): added, on 24 February 2006, by section 29(1) of the Civil Aviation Amendment Act 2004 (2004 No 8). Section 66(5)(f): added, on 24 February 2006, by section 29(1) of the Civil Aviation Amendment Act 2004 (2004 No 8). Section 66(5)(g): added, on 24 February 2006, by section 29(1) of the Civil Aviation Amendment Act 2004 (2004 No 8). Section 66(5)(h): added, on 24 February 2006, by section 29(1) of the Civil Aviation Amendment Act 2004 (2004 No 8). Section 66(5)(i): added, on 24 February 2006, by section 29(1) of the Civil Aviation Amendment Act 2004 (2004 No 8). Section 66(5)(j): added, on 30 March 2007, by section 29(2) of the Civil Aviation Amendment Act 2004 (2004 No 8). 67 Procedure [Repealed] Section 67: repealed, on 1 June 2002, by section 14 of the Civil Aviation Amendment Act 2002 (2002 No 15). 68 Decision of Director to continue in force pending appeal, etc [Repealed] Section 68: repealed, on 1 June 2002, by section 15 of the Civil Aviation Amendment Act 2002 (2002 No 15). 69 Appeal to High Court on question of law (1) Every party to an appeal under section 66 may appeal to the High Court on a question of law. (2) The High Court Rules and sections 74 to 78 of the District Courts Act 1947, with all necessary modifications, apply to an appeal under subsection (1) as if it were an appeal under section 72 of that Act. Section 69(2): substituted, on 24 November 2003, by section 4 of the District Courts Amendment Act 2002 (2002 No 63). 70 Further appeal to Court of Appeal (1) Every party to an appeal under section 69 may, with the leave of the High Court or (if that leave is declined) with special leave of the Court of Appeal, appeal to the Court of Appeal on that question of law. (2) On any appeal under subsection (1), the Court of Appeal may make such order or determination as it thinks fit. (3) The decision of the Court of Appeal on an appeal under this section, or on any application for leave to appeal to the court, shall be final. |
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