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. (c) where the person is a holder of an aviation document, by serving it by post on that person at his or her last address for service provided under section 8. (3) An infringement notice sent to a person by post under paragraph (b) or paragraph (c) of subsection (2) shall be deemed to have been served on the person when it would have been delivered in the ordinary course of post. (4) Every infringement notice shall be in the prescribed form and shall contain the following particulars: (a) such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence: (b) the amount of the infringement fee for that offence: (c) the address at which the infringement fee may be paid: (d) the time within which the infringement fee shall be paid: (e) a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957: (f) a statement of the right of the person served with the notice to request a hearing: (g) a statement of the consequences if the person served with the notice does not pay the infringement fee and does not make a request for a hearing: (h) such other particulars as are prescribed in regulations made under this Act. (5) Different forms of infringement notices may be prescribed in regulations made under this Act in respect of different kinds of infringement offences. (6) Where an infringement notice has been issued under this section, proceedings in respect of the offence to which the notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957, and in that case the provisions of that section shall, with the necessary modifications, apply. Section 58(1): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75). Section 58(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). Disqualification 59 Effect of disqualification (1) Where the holder of an aviation document is disqualified by an order of a court from holding or obtaining an aviation document, the document shall be deemed to be suspended while the disqualification continues in force, and during the period of suspension shall be of no effect. (2) If the holder of an aviation document is disqualified from holding or obtaining a document, and the disqualification will expire before the expiration of the term of the document, the document shall, on the expiration of the disqualification, continue to be of no effect until the holder of it undergoes and passes such tests and fulfils such requirements as the Director may from time to time specify. Compare: 1964 No 68 s24A; 1975 No 34 s 6 Section 59(2): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75). 60 Commencement of period of disqualification Where an order is made disqualifying any person from holding or obtaining an aviation document, the period of disqualification shall commence on the date of the making of the order unless the court making the order directs that the period of disqualification shall commence on a later date. Compare: 1964 No 68 s 24C; 1975 No 34 s 6 61 Retention and custody of document (1) Where by an order of a court the holder of an aviation document is disqualified from holding or obtaining a document, the person in respect of whom the order is made shall forthwith, and whether or not demand is made, surrender the document to— (a) the court where the order was made; or (b) to the Authority. (2) Where an aviation document is so surrendered, it shall forthwith be forwarded to the Director who shall endorse the terms of the disqualification on the document and retain it until the disqualification has expired or been removed and the person entitled to the document has made a request in writing for its return. (3) If the person entitled to the document is a person to whom section 59(2) applies, the document shall not be returned to that person until that person has passed the tests and fulfilled the requirements referred to in that provision. Compare: 1964 No 68 s 24D; 1975 No 34 s 6 Section 61(1)(b): substituted, on 10 August 1992, by section 28 of the Civil Aviation Amendment Act 1992 (1992 No 75). Section 61(2): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75). 62 Removal of disqualification (1) Subject to this section, any person who by order of a court is disqualified for a period exceeding 6 months from holding or obtaining an aviation document may, after the expiration of 6 months after the date on which the order of disqualification became effective, apply to the court by which that order was made to remove the disqualification. (2) On an application under this section the court may, having regard to the character of the applicant and the applicant’s conduct subsequent to the order, the nature of the offence, and any other circumstances of the case, remove the disqualification as from such date as may be specified in the order or refuse the application. (3) Where the disqualification was ordered by a District Court, every application under this section shall be made to a District Court Judge exercising jurisdiction in the court by which the order was made. (4) Notice of every application under this section shall be served on the Director who shall have a right to appear and be heard in respect of the matter. Compare: 1964 No 68 s 24E; 1975 No 34 s 6 Section 62(4): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75). 63 Particulars of disqualification orders, etc, to be sent to Director Where a court makes an order disqualifying a person from holding or obtaining an aviation document or imposes restrictions or conditions (or both) on any aviation document held by or issued to any person or makes an order under section 62 removing any disqualification, particulars of the order shall be sent by the Registrar of the court to the Director. Compare: 1964 No 68 s 24F; 1975 No 34 s 6 Section 63 heading: amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75). Section 63: amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75). 64 Appeals against disqualification (1) For the purposes of Part 6 of the Criminal Procedure Act 2011, an order of a District Court by which any person is disqualified from holding or obtaining an aviation document shall be deemed to be a sentence or part of a sentence, as the case may be. If a notice of appeal against any such order is filed, the court may, if it thinks fit, defer the operation of the order pending the appeal, but otherwise the order shall have immediate effect. (2) Any person who is disqualified by an order of a District Court from holding or obtaining an aviation document, and who applies for a removal of that disqualification and whose application is refused, may appeal against the refusal to the High Court in accordance with Part 6 of the Criminal Procedure Act 2011 and that Part applies with the necessary modifications as if the refusal were a sentence. (3) Any person who is disqualified by an order of the High Court from holding or obtaining an aviation document, and who applies for a removal of that disqualification and whose application is refused, may appeal to the Court of Appeal against the refusal in accordance with Part 6 of the Criminal Procedure Act 2011 and that Part applies with the necessary modifications as if the refusal were a sentence. (4) Where application is made to the Court of Appeal for leave to appeal to that court against a sentence of the High Court that is or includes an order of disqualification, the High Court may, if it thinks fit, defer the operation of the order pending the application for leave to appeal and, if leave is granted, pending the appeal. |
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